Charged With Gun Crimes

The relationship in the United States between gun ownership and law enforcement has, at best, been complicated. With the Second Amendment clearly stating that citizens are allowed to own firearms, states have balanced this Constitutional right with the problems of wide-spread gun violence in various different ways. However, many states use a similar system of laws to punish those who have violated the specific licensing laws in that state, and add increased punishments to crimes committed with a gun.

Gun policy is rarely made a federal issue, leaving issues such as gun licensing up to the states. As a result, there is no one single legal consensus on how to deal with gun licenses. For more conservatively minded states, the law may prohibit ownership if the individual cannot follow that state’s regulations. This can mean that owners need to properly store firearms and keep them unloaded if they are ever in public.

In addition to the actions and behaviors of a potential license holder, the type of gun that individual wants to buy may come under legal scrutiny. In particular, machine guns are widely prohibited under a federal ban. This not only includes light machine guns and automatic rifles, but it covers machine pistols as well. Although there are a few exemptions to this law, most machine guns cannot be purchased legally anywhere in the United States.

Legal policies may also prohibit gun possession on certain properties or in certain situations. Trespassing, although already illegal, often carries a more substantial punishment if the trespasser is carrying a gun. Entering public institutions like schools and libraries with firearms can be punishable under the law as well.

If you would like to learn more about gun laws and defense strategies for those charged with gun violations, contact a criminal defense lawyer.

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