Weapon violations and charges
Any type of illegal matter can confuse and be scary, but when it is an illegal weapons charge resulting from weapons violation, it can go from a minor arrest to a felony fast. To be charged with criminal possession of a weapon, your life can get turned upside down, and the lifestyle you know today will be a memory if you don’t have proper legal representation.
While ordinary citizens won’t know all the ins and outs to the law, it is wise to have a general idea of what is right and wrong. You know that robbing a bank is illegal or that driving 100 mph in a school zone is illegal (and dangerous!). What if you don’t know what are illegal weapons though? Ignorance of the law is no excuse will the first thing you’ll hear from the arresting or booking officer.
Criminal possession of a weapon is when an individual has possession of a weapon that is considered illegal within a city, county, state, or Federal laws. Many societies have placed restrictions on the citizens living within it as to what form of weapon they may carry, own, and/or purchase. Here, we have provided an illegal weapons list. Any firearm considered illegal by local, state, and federal law may include any, all, or additional of the following:
- Explosives and bombs
- Machine guns
- Sawed-off shotguns
- Switchblades and any other illegal knife
What is the meaning of illegal possession of firearms?
This can vary from city to city, state to state, but for Louisiana, the law reads that the act of intentionally concealing any firearm, or other dangerous weapons on your person is considered an illegal possession of a firearm.
Likewise, for any enemy alien to have custody, ownership, possession, or use of any firearm or other dangerous weapon; for any burglar or thief to have custody, ownership, possession, or use of any dynamite, explosives, nitroglycerine, tools, or other instrumentality with intent or while committing a crime are all considered as illegal possession of firearms.
The laws are detailed, and an attorney or law enforcement official can provide exact explanations as to what the precise details are to initiate anyone is charged with criminal possession of a weapon.
Is having an illegal gun a felony?
While it is in the American Constitution, the Second Amendment, citizens may keep and bear arms. However, each state can limit what weapons and in what situation a person is allowed. Any person who possesses illegal weapons and ammunition that the state they are in has specifically prohibited could be charged criminal possession of a weapon by state or federal law.
What is the minimum sentence for gun possession?
In most cases, a person that is in possession of a prohibited weapon is charged with a misdemeanor. There are some situations that can be considered a felony offense. As a misdemeanor, the person charged may be sentenced to one year in jail and if the criminal possession of a weapon is deemed a felony, the person could be incarcerated in a state penitentiary for a minimum of one year or longer.
Any person charged with criminal possession of a weapon should seek the guidance and services of a criminal lawyer immediately. With their guidance and knowledge of the law, the charges could be lessened or even dropped.
Can I own a gun if my spouse is a felon?
For intent, we are referring this to the laws in the state of Louisiana, as each state has different laws. If the spouse does not have any ineligibilities that prohibits her or him from owning a firearm, then yes, they can own a gun even if the spouse is a felon.
However, legal experts advise against it, suggesting that the non-felon spouse empty the house of any firearms or ammunition, and avoid carrying them on their person or in their vehicle if the felon spouse is with them. The relevant crime of possessing is not the same as ownership, however, it is often seen as guilt by association.
If a non-felon spouse owns or has possession of a firearm and the felon spouse is caught in possession of the weapon, they could face a criminal possession of a weapon charge. That charge could be escalated and send the person back to prison, even extending their required time served. This is another time that seeking the services of a criminal lawyer would be recommended.
What is the punishment for possession of a knife?
In the state of Louisiana, a first offense violation that results in a conviction can result in a maximum fine of $500, and/or a maximum of 6 months’ imprisonment. Any person in Louisiana should carry a knife only after carefully reviewing the laws pertaining to such. The law in Louisiana prohibits ‘the intentional concealment on one’s person of any ‘switchblade knife’. Assisted opening, gravity, or a one-handed opening knife are not included in this law.
It is illegal to carry any knife on school buses, school functions, and school property. Any of these laws are broken, a person will be charged with criminal possession of a weapon and should seek the advice and service of a criminal attorney.
The U.S. Constitution’s Second Amendment will always be upheld in any court. How it is perceived and understood could change the outcome for a person charged with criminal possession of a weapon, especially if there was any assault & battery included. An experienced criminal attorney is the best source of advice and guidance in these matters. Call 225-438-0000 today if you need bail in Livingston Parish, LA.