ThThe Second Amendment to the United States Constitution states that Americans have the right to bear arms. While the Supreme Court has affirmed the right of individuals to possess firearms for lawful purposes, including self-defense, there are still significant restrictions regarding who may own firearms and how and where they may be used. Violations of these laws can lead to serious criminal charges.
Charges Involving Firearms
Firearms-related charges can arise from either the unlawful use of a firearm or the possession of a firearm by someone legally prohibited from owning one. Charges may include:
Carrying a Concealed Weapon
A concealed weapon generally requires a valid permit. If a person is found carrying a concealed firearm without the proper license, felony charges may apply. In some cases, defenses may be based on an expired permit or other inadvertent circumstances.
Possession of a Deadly Weapon During the Commission of a Felony
If a firearm is present during the commission of another felony, an additional weapons charge can be filed—even if the firearm was never displayed or used. The seriousness of this charge often depends on the severity of the underlying offense.
Possession of a Firearm in Prohibited Areas
Firearm possession is restricted in certain areas such as schools, playgrounds, and other locations associated with children. Lack of awareness of the restricted area is generally not a defense. However, there are affirmative defenses that may apply depending on the circumstances.
Possession of a Firearm by a Prohibited Person
Attorney Chris K. Kowalczuk also represents clients who are accused of possessing a firearm while classified as a prohibited person. A person may be barred from firearm possession due to conditions of probation, prior convictions, or certain statutory restrictions — including:
- Previous convictions for violent crimes or offenses involving injury
- A history of being committed to a mental health facility
- Certain drug-related convictions
- Prior juvenile adjudications that would have been felonies if committed by an adult
- Fleeing or evading law enforcement (fugitive status)
These cases often involve constitutional questions and require careful analysis of how the weapon was discovered and whether law enforcement acted lawfully.
Protecting Your Rights
If you are facing a firearms-related charge, the consequences can affect not only your freedom but also your constitutional rights.
Attorney Chris K. Kowalczuk works to reduce or dismiss charges when possible and to protect your right to defend yourself and your home.
Contact Attorney Chris K. Kowalczuk today to discuss your case and develop a defense strategy that safeguards your rights and future.