Key things you need to know Legally about Firearm/ Weapon Charges

Key things you need to know Legally about Firearm/ Weapon Charges

Guns are extremely dangerous, especially if they end up in the wrong hands. It is this reason why all state laws are stricter when it comes to issuing licenses to individuals who want to carry a gun with them at all times.

Here are a couple of important factors to consider when looking to secure a license to carry a gun.

  1. Convicted felons are banned from using or carrying guns.

It is clearly stated in the federal gun ban law that anyone who has been convicted of a criminal offense punishable by a jail sentence of more than a year is barred from using or possessing a gun.

So if you have been convicted of a felony before, your chances of securing a license to carry or use a gun again are zero. Your application will not be even accepted once the issuing agency finds out about your previous criminal conviction.If you have been charged with a felony related to weapons, consulting a Weapons Offence Lawyer Toronto can help you navigate the legal process and understand the requirements to potentially secure a license to carry or use a gun again. They can provide expert guidance and representation to present your case and advocate for your rights in the legal system.

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If you have been convicted of a simple misdemeanor before, you will not be subject to the federal gun ban law. You still have the chance to carry a gun even if you’re convicted of a misdemeanor such as driving while under the influence and facing two years of imprisonment.

But if you are convicted of a misdemeanor for domestic violence, you’ll be subject to the federal gun ban law. For example, if you have committed a misdemeanor assault on a female, and the victim is related to you, you’ll be barred from carrying a gun.

The same can also be said if you are giving out dangerous threats to others or if you have threatened your victim with deadly weapons. The federal gun ban law will prohibit you to carry a gun.

If a convicted felon is caught possessing a gun, he/she will be prosecuted in federal and could face up to 10 years of imprisonment.

  1. Drug users are not allowed to carry guns as well.

The federal law also states that any individual that uses drugs unlawfully or is addicted to any controlled substance is barred from carrying any firearms.

  • This statute applies to those people that use drugs consistently or are involved in the illegal trade of these substances.
  • If you know someone who is struggling with drugs, you should tell that person to get rid of their firearms or not to carry any guns at all.
  1. Being ignorant about the federal gun ban law is no excuse.

Just because you didn’t know about the statutes of the federal gun ban law, it doesn’t mean that you won’t be punished for carrying a gun without a permit.

  • The government is not required to show proof of the federal gun ban law to prosecute an individual for carrying a gun without a permit.
  • The same can also be said for convicted felons. The government is not required to inform a convicted felon of the federal gun ban law. Regardless of what reasons a convicted felon have to carry a gun, he/she will be prosecuted in a federal court for violating the federal gun ban law.

Keep in mind that the government only needs to show proof of the violation of the federal gun ban law so they can prosecute you.

  1. Convicted felons have the chance to restore their gun rights depending on where they live.

There are states that allow convicted felons to restore their gun rights. If the convicted felon has successfully expunged his/her previous criminal records and regains his/her civil rights, he/she will be granted the right to carry a gun again.

  • To grant the restoration of a convicted felon’s gun rights, the federal court must first look at the jurisdiction of the conviction.
  • For example, if you are convicted of a felony in North Carolina, the federal court will look at North Carolina’s state laws to see if you’re civil rights has been restored. If your civil rights have been restored under North Carolina’s state laws, the federal court won’t be able to prosecute you as a felon for carrying a gun.

Federal gun laws are tough, and they are strictly implemented by the government of the United States. The legal consequences of carrying a gun without a permit are harsh. The harsh penalties usually depend on the following factors such as:

  • Your criminal records.
  • Proof of intention to use the gun.
  • Failure to cooperate with the police.
  • You are carrying a firearm that is reportedly stolen.
  • You are prohibited from carrying a gun due to a previous conviction or restraining order.
  • You were convicted for illegal use or possession of drugs before.
  • You have been convicted of a misdemeanor for domestic violence.

If you are caught carrying a gun without a permit, you’ll be subject to felony charges which can include imprisonment and hefty fines. To enlighten yourself of the possible legal consequences of firearm/weapon charges, you may click here to seek legal assistance from an experienced attorney.

Anne McGee

Anne

Anne McGee has over 20 years of experience writing about law subjects where she hopes her knowledge can help the common reader understand law topics that may be of relevance to their daily lives. If she’s not reading a good book, then chances are Anne is jogging during her free time.