What are Firearm & Weapon Offenses?
The Second Amendment right to bear arms is not without limitation. A complex web of state and federal laws exists regulating the possession and use of firearms. Some laws restrict the type of firearms that one may possession, while others place limitations on magazine capacity or the number of bullets that a particular firearm may hold at one time. Federal firearms laws apply uniformly throughout the country, while state laws vary from state to state. Examples of firearms law include those banning possession of automatic weapons or in some states, semi-automatic, military-style rifles. Other examples include magazine capacity limitations of 10 rounds in semi-automatic handguns or pistols and restrictions on the use and possession of certain types of ammunition. Another example of restrictions related to the modification of firearms such as converting a lawful semi-automatic rifle to automatic rifle or cutting the barrel on a shotgun to a length below the required legal barrel length limit.
Some states ban possession of a firearm outside of your home in absence of a special license often referred to as a license to carry a firearm or concealed carry permit. Exceptions may apply for transporting unloaded firearms from your home to a designated shooting range or hunting area, or for persons moving from one to state to another who must transport their firearms across state lines from their former state of residence to their new home or state of residence. Transporting of firearms, where permissible, is also subject to certain restrictions regarding the precise manner by which firearms must be transported. Common restrictions require the firearms to be transported in an unloaded condition and stored separately from any ammunition in a locked case or container. Carrying a loaded firearm on one’s person or inside of a vehicle in the absence of a special license, is often barred by law. This includes both openly carried and concealed loaded weapons.
Discharging a firearm in an area other than a designated range is also illegal. This includes the obvious condition of firing or discharging a firearm in the direction of others for purposes of inflicting death or bodily harm. Similarly speaking, it is also against the law to discharge a firearm inside of a dwelling other than a designed indoor firing range, or in a populated or inhabited area such as a neighborhood, public park or similar area, or commercial establishment. Many laws punish both intentional and accidental discharges under these varying circumstances.
Failure to comply with any gun or firearms law, regulation or restriction may lead to criminal consequences under both state and/or federal law. Some states are more liberal or restrictive than others when it comes to regulating the ownership, possession, carry and use of firearms. If you have been charged with a Firearms Offense, it is important that you consult with and seek legal representation from an attorney who is familiar with firearms and well-versed in the nuances of firearms law in both state and federal jurisdictions.
Read our case results and testimonials for firearm & weapon offenses.
Learn more about specific firearm & weapon offenses below:
- Unlicensed Possession of a Firearm
- Possession of a Loaded Firearm
- Felon in Possession of a Firearm
- Obliterated Serial Number on Firearm
- Unlawful Distribution or Trafficking of Firearms
- Possession of Sawed Off Shotgun
- Unlawful Possession of a Weapon
- Possession of an Unlawful Weapon
- Explosive Device Offenses
If you have been charged with firearms or weapons offense and need representation, contact the RI defense attorneys at Law Office of John L. Calcagni III by email or call today at (401) 351-5100 to schedule a free consultation.