DC Firearm Possession Lawyer
Although gun violence has been decreasing, but there are some ups and downs. For example, in the last year, there was an increase in DC homicides and other crimes of gun violence.
Because the treatment of these charges has not differed much, advice from a DC firearm possession lawyer could be beneficial in one’s case.
The DC police still aggressively investigate and make arrests on gun-related charges even though the number of those types of cases is much lower than it was at its peak.
The infrastructure for making arrests and prosecutions in gun crimes remains, regardless of the level of gun violence that exists in the city. Therefore, anyone facing firearm crimes should speak with a savvy gun lawyer.
Common Reasons for Someone to Possess a Firearm
Some people might want to possess a firearm in DC because they are active hunters or they like sport shooting. Some people like to keep firearms in their homes to defend themselves.
Some people may be target shooting enthusiasts or they feel more secure with having a firearm at home. Usually, the ones who possess firearms are drug dealers in DC.
Types of Gun Possession Charges
There are two different ways that the government can prove possession to convict someone of an unlawful possession of an unregistered firearm. They can prove actual possession, meaning the firearm was physically being held by the person charged or they could prove constructive possession.
What is Constructive Possession?
Constructive possession means that the person was not necessarily holding the firearm, but the person had the intent and the ability to control that firearm. That could mean that the firearm was in the backseat or underneath the seats of someone’s car while they were driving.
There are different ways the prosecutors can demonstrate constructive possession. They can show that the person knew of the presence of the firearm and had the ability and intent to control that firearm. That charge is considered a misdemeanor charge of an unlawful possession of an unregistered firearm.
Behaviors to Avoid for Legal Firearm Holders
When a person has the proper registration documents to keep a firearm in their home or place of business, the most important thing to remember is that they cannot take that gun outside of their home.
As a DC firearm possession lawyer knows, there are several very strict rules that fall under the federal exemption for local licensing laws. The gun must be unloaded and the magazines or any ammunition have to be kept separately from the gun.
Regulations for Transporting Guns
The gun must be kept in a locked box and cannot be kept in the passenger compartment of the vehicle. That means that it needs to be kept in the trunk or in the rearmost area of an SUV or a hatchback-type vehicle.
When someone wants to transport a gun from one lawfully-registered area to another lawfully-registered area and travels through other states, it is very important that they understand specific rules for how they can do that.
They cannot simply put the gun in the car and claim that they are just driving through Washington, DC. They must follow the rules for how that is supposed to be done to the letter.
Potential Convictions for Someone Carrying a Pistol
To convict a person of carrying a pistol, the government cannot show that the person merely had constructive possession of a pistol. They must show that the person was carrying that pistol; that the person had the pistol on them.
That is a much narrower circumstance than constructive possession. Therefore, the carrying of pistol charge is a felony charge with a maximum penalty of five years of prison time. It may be critical to learn more about potential penalties from a DC firearm possession lawyer.