The Complex Legal System of Gun Control

Criminal defense attorney

Firearms seem to constantly be in the media. Anytime a violent event occurs that involved the usage of guns, there is an increase in debate on gun control. People tend to have extremely varying opinions on proper gun control and the specific requirements of obtaining and carrying a firearm. A lot of the problem, however, lies on the fact that every state has different firearm regulations and laws. Some states require you to have a license to carry, others do not. Some require specific education and training to carry, and others do not. If you are charged with possession of a firearm, depending on the situation, it can be a very complex and confusing legal process.

The specifics of the crime
The charges associated with the possession of a firearm will likely depend on the specifics of the crime. Was anyone injured? Were they injured with a weapon? How many people were injured? What were the events leading up to the crime? The specifics really have everything to do with the types of charges. According to an FBI report, 2015 saw a 3.9% increase in the estimated number of violent crimes. The problem, however, is that there is not enough details surrounding the estimations.

Was self defense involved in the crime?
Perhaps the biggest defense of the need for personal firearm possession is that of self defense. We do not always have access or timely usage of police protection. There are many situations where carrying a gun can be beneficial and safe, as a means of protecting. One of the first things you often hear about, immediately following a crime that involved possession of firearms, is if the weapon was used in self defense. Although in most cases, if self defense was a factor, the person is not charged, this is not always definitive. Even in self defense cases, it is useful to hire a criminal defense lawyer. If you did not have a permit or license to carry, or the self defense weapon was used improperly, you could still face legal charges.

Was the gun obtained legally?
Guns are not always obtained legally, and therefore, stricter gun control would not help. When a person commits a crime with a stolen gun, they are simply committing another crime. If you committed a crime to obtain access to a gun and then committed another crime with that gun, it is very possible that jail time will be served. However, there are still many factors and specifics to consider. The person of which the gun is licensed to could also be charged for the crime, especially if they did not take proper precautionary steps to safely store the gun. The many possible complex situations of gun charges often calls for an experienced firearm attorney.

Domestic violence and gun control
One of the reasons that many people call for stricter gun control is that there are few steps involved in obtaining a legal gun. A person with an extensive mental health background with access to a legal gun can be troublesome. A person with a history of undocumented domestic abuse and access to a gun can be dangerous. The specific legal charges involved with domestic violence and legalized gun ownership can also be tricky. A domestic violence lawyer is often needed to issues things like PPOS and to obtain previous domestic violence proof. About 68 million people in this country are living with a criminal record. Putting a gun into these hands could be a problem.

There are 1,315,561 lawyers currently in the United States. The reason that there are so many lawyers is because there are so many different areas of the law. Even in one specific legal area, such as firearm possessions, you will find a great degree of difference. Gun charges that are involved in other illegal charges, self defense, and domestic violence, are all very different areas of the law. Being charged with firearm possession can mean many different things legally. To fully understand legal case, charges, and specifics of the regulations, it is important to work with an experienced criminal defense attorney.

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