Weapons, Criminal Law, And Charges

By Author: Peter Wendt
Total Articles: 34
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Weapons crime charges cover a wide variety of crimes, ranging from federal to state crimes and extending all the way from misdemeanor to felony criminal charges. It is important to note that weapons laws exist at all levels of government. It may be illegal to bring a weapon into a state from another state where it was legal to own, and even within a state, individual counties and cities may have their own specific restrictions.

Laws Regarding Weapon Possession
A number of state and federal laws regulate what type of weapons can be legally owned and how they can be carried. Most commonly, certain categories of weapons, such as automatic weapons, weapons with barrels under a certain size, and switchblades or other concealable bladed weapons are illegal. In some cases, it is possible, though difficult, to obtain a permit to own these weapons.

Concealed Carry Permits
In addition, most states require a separate permit to allow the concealed carrying of a pistol—in other words carrying a pistol out of plain site. These permits can be very difficult or impossible to obtain. Carrying a concealed weapon ...
... without a permit can be a felony in some states, as can carrying a switchblade or otherwise illegal weapon.

In addition, guns or other weapons can be banned from private property, such as shopping malls or stadiums. Public facilities, including schools, courts, or police facilities, can also ban weapons from their premises.

Using a Weapon in the Commission of a Crime
Using a weapon or even the threat of a weapon in the commission of a crime usually results in either separate charges, or counts as an aggravating circumstance when sentencing occurs. In California, even showing a gun during the commission of a crime can add 10 years to a sentence. California Penal Code 12022.53 also provides for 25 years to life for injuring an individual with a gun during the commission of a crime.

Convicted Criminals and Weapons
Those convicted of a crime may lose the right to own or possess weapons, especially if the crime was violent or involved the use of a weapon. This is especially true for convicted criminals who are on parole or probation. In that case, mere possession of a weapon may result in their immediate return to prison or the filing of extra criminal charges.

Conclusion
As can be seen, weapon related crimes can be a very serious matter, and vary depending on where they are committed. In order to avoid a potentially disastrous encounter with the legal system, it is vital that anyone owning or possessing a weapon familiarize himself with the local, state, and federal laws regarding his weapon.

About the Author: Peter Wendt is a writer and researcher who focuses his studies on Austin. Weapon crime defense attorneys and questions about criminal law come up regularly in his academic discussions in Austin; criminal defense attorneys are, of course, the best resources one in a spot of trouble can use if accused of weapons crimes.