Criminal gun charges can carry serious penalties that permanently alter a person’s life. However, it is sometimes possible to fight these charges or reduce the potential consequences. In many cases, an individual may not even be aware their behavior is unlawful.
Thus, it is essential for people to understand what constitutes a criminal gun charge and what consequences they may face for those charges should they be convicted. Various offenses can lead to criminal gun charges, such as unlawful possession, carrying a concealed weapon without a permit, and using a firearm in the commission of a crime.
The legal criteria that define each type of gun charge differ based on the charge, and some factors can elevate a charge, such as prior convictions or the presence of minors.
Here is what you need to know.
Unlawful Possession of a Firearm
A criminal charge for unlawful possession describes an event in which an individual possesses a firearm of any type when they have not completed the proper steps to do so or when the type of firearm they possess is not legal for use or ownership.
Even if a person owns a firearm through legal channels, if they possess the firearm in a gun-free zone such as a school or courthouse, they can still face penalties.
Legal Criteria
Many criteria impact a criminal charge for unlawful possession. These may include:
- The status of the gun – Owning a sawed-off or modified weapon, even if the person otherwise owned the gun legally
- The type of gun – Owning restricted guns such as machine guns
- The status of the individual – Penalties may be more severe for those with prior felony or violent crime convictions
Consequences
The consequences of an unlawful possession conviction will vary depending on the specific charge. Potential penalties include:
- A felony on the criminal record (of any of a variety of classes)
- Mandatory time in prison (often ranging from days to ten years)
- Fines (ranging from $2,500 to $100,000)
- Forfeiture of the firearm
Carrying a Concealed Weapon Without a Permit
A concealed carry violation may occur when an individual is carrying a gun but is not doing so openly, is not eligible to own or use a gun, or does not have a permit to concealed carry.
Legal Criteria
To carry a concealed weapon, a person must:
- Complete a safety course
- Be otherwise eligible to possess a gun
- Acquire a permit for concealed carry
- Store the gun properly
Failure to do so can result in a charge of illegal possession of a concealed weapon. However, it is not illegal to carry a concealed weapon without a permit in one’s own home, one’s own private property, and/or one’s own business
Consequences
Being charged with concealed carry without a permit comes with numerous penalties:
- A Class 1 misdemeanor conviction on your record
- A fine of up to $2,500
- Up to 12 months in jail
Using a Firearm to Commit a Crime
One of the most substantial criminal gun charges, using a firearm to commit a crime, is a broad category describing any instance in which a firearm is related to the active engagement of criminal activity.
Legal Criteria
In general, a criminal charge for using a firearm depends on the context in which it was used. Some problematic situations that are explicitly mentioned in the law include:
- Displaying the weapon in a threatening manner while committing any crime ie. brandishing
- Using a firearm to commit a carjacking, robbery, or burglary
- Bodily wounding someone
These are just a few of the many situations in which a firearm is used to commit a crime.
Consequences
Using a firearm to commit a crime is a serious charge regardless of the crime, and the penalties reflect this severity. Potential consequences include:
Felony charges (often multiple, as using a firearm to commit a crime inherently incurs at least two criminal charges)- Mandatory minimum imprisonment (on average, three years for a first conviction and five years for a second conviction)
- A monetary fine
Additional consequences could include forfeiture of the firearm and the inability to possess firearms again in the future.
Fight a Criminal Gun Charge With Legal Assistance
A criminal gun charge may significantly change a person’s life, placing a significant financial burden on their family and resulting in job loss due to imprisonment or reputational harm. If you are facing a criminal gun charge, working with a legal team to mitigate the damage and disruption to your life is imperative.
The attorneys at The Law Offices of Kermit A. Monge can help you reduce the penalties associated with criminal gun charges wherever possible. Contact Kermit A. Monge to schedule a consultation.