what kind of attorney for a firearm charge

by Miss Ciara Eichmann II Published 2 years ago Updated 1 year ago 8 min read

What kind of attorney specializes in firearm related case law?

Having a skilled and knowledgeable legal ally is critical whether you have been charged with illegal gun possession, unlawful discharge or another related violation. Since 1983, our attorneys at Testa Heck Testa & White, P.A., have tirelessly advocated for our clients in criminal courts throughout south New Jersey.

Do you need a firearm lawyer?

American Gun Owners Alliance is here to help you fight for your second amendment rights with information about new state and federal legislation, legislators, gun news, rallies and much more. ... Gun Law Attorneys. To find an attorney please choose a state and area of practice. Note, the states drop down only shows the states we have listings for.

How do I find a good attorney for a firearm case?

Jun 03, 2016 · The type of lawyer you’ll be talking with is likely a criminal defense attorney. As a responsible gun owner, you are likely a law abiding citizen, who has little or no experience with this area of law other than what you’ve seen in movies and TV.

What is a questionnaire for a firearm defense attorney?

Nov 10, 2020 · A federal weapons offense charge requires experienced representation. The criminal defense attorney needs to know how to defend these complex charges and how different courts may handle a case. The lawyers of Garland, Samuel & Loeb have provided criminal defense representation for people throughout Georgia and the rest of the United States for over two …

How much time can a convicted felon get for possession of firearm in SC?

five years

Unlawful possession weapons charges also apply to the possession of guns “from which the original serial number has been removed or obliterated.” Unlawful possession of a weapon in South Carolina is a felony that carries up to five years in prison and/or a fine of up to two thousand dollars.Sep 10, 2021

What is the sentence for possession of a firearm by a felon in NC?

The consequences of a conviction for Possession of a Firearm by a Felon Charge are serious and can result in jail time (41 months maximum prison sentence) as a Class G Felony under the Felony Sentencing Grid.Oct 20, 2018

Is stealing a gun a felony in South Carolina?

Notwithstanding another provision of law, a person who steals a firearm, as defined in Section 16-8-10, is guilty of the felony offense of theft of a firearm and, upon conviction, must be fined not more than five thousand dollars and imprisoned for a mandatory minimum of seven years nor more than ten years.Dec 10, 2013

Is brandishing a firearm a felony in Michigan?

The offense of brandishing a firearm in public is a misdemeanor under Michigan law that may result in up to 90 days in jail and a fine of up to $100 upon conviction.

Can a felon own a gun after 10 years in NC?

In 2004 the NC Legislature banned all gun ownership by convicted felons. The North Carolina Felony Firearms Act makes it illegal for a convicted felon to purchase, own, or possess any firearm. This includes gun parts and silencers, but it does not extend to antique firearms which are any firearm created before 1898.

Can a felon get gun rights back in NC?

Completion of a felony sentence alone does not lift the federal firearms ban. Although North Carolina law restores a person's civil rights after the person completes his or her sentence, it continues to impose a firearms ban.

How many years do you get for possession of a firearm?

New sentencing guidelines for firearms offences published

Offence	Maximum sentence
Possession of a firearm or ammunition by person with previous convictions prohibited from possessing a firearm or ammunition – section 21(4), 21(5);	5 years

7 more rows

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Dec 9, 2020

What is the sentence for possession of a firearm by a convicted felon?

Under federal law, the crime of Felon in Possession of a Firearm is a Class D felony, punishable by up to ten years in prison, three years of supervised release, and $250,000 in fines.

Does a pardon restore gun rights in SC?

Pardon restores all civil rights, gun rights, and the right to be licensed for any occupation requiring a license.Nov 15, 2021

Can you brandish a firearm in self defense in Michigan?

Since 2015, to brandish a firearm is to “point, wave about, or display [a firearm] in a threatening manner with the intent to induce fear in another person.” The law does exempt peace officers lawfully performing their duties and private individuals “lawfully acting in self-defense or defense of another under the self- ...

What is branding a gun?

Brandishing means showing the weapon, or exhibiting it to another person, “in a rude, angry or threatening manner” or using it in a “fight or quarrel.” One does not need to point the weapon at the other person. In fact, the other person does not even need to see the weapon for this crime to take place.

What does it mean to brandish a gun?

Brandishing is defined by Merriam-Webster as to shake or wave (something such as a weapon) menacingly or exhibit in an ostentatious or aggressive manner.

Why You MUST Have A Gun Lawyer If You Own A Gun

Today's gun owners cannot afford to wade out into public with a legal firearm concealed or open without having given some significant amount of thought to having a quality and appropriate attorney ready to call should a firearm related incident occur.

What Kind of Lawyer Do You Need and Where Will You Find Them?

There seem to be endless places to find lawyers online. There are directories everywhere, most people start with a google search and you end up finding someone fairly easily that way.

There are a few things you need to know when you talk with your potential gun lawyer

This may seem obvious, and it is, when you’re calm collected and not in immediate need of a gun lawyer. Remember, just because the lawyer you’re speaking with says he or she is a criminal defense lawyer, doesn’t mean they’re prepared to defend you as a gun owner.

Handling Many Types of Weapons Charges

Most Georgia weapons offenses are charged because other criminal conduct is alleged to have been committed using a weapon such as a gun, knife or blunt object that may be considered a weapon. We handle state and federal weapons charges involving:

Seek Qualified Criminal Defense Representation

Effective defense in federal court for weapons offenses and other federal charges is where the attorneys of Garland, Samuel & Loeb have been successful in numerous cases throughout the United States. We are prepared to take your case to trial when aggressive negotiation is not an alternative. Read about our successes on our Cases page.

What are the laws in New Jersey for gun charges?

New Jersey has two mandatory sentencing laws that apply to convictions for gun and weapons charges – the Graves Act and the No Early Release Act, or NERA. The laws were enacted to ensure that convicted defendants serve sentences handed down by local Superior Courts.

Is possession of a gun a crime in New Jersey?

If a gun or another weapon is used in the commission of a crime, state and federal laws typically provide for harsher punishment upon conviction than for a crime committed without a weapon. In certain situations, possession of a firearm by itself is a crime under New Jersey law.

How long does a person have to serve in prison before parole in New Jersey?

It also imposes parole supervision for 5 years after release from prison for a first-degree crime and 3 years for a second-degree crime.

Does New Jersey have a probationary program?

A first-time offender who had no violence associated with their case may be able to take advantage of a probationary program that keeps them out of prison.

What happens if you get convicted of a gun crime?

In addition to fines and incarceration, the impact of a guilty verdict for a gun crime includes loss of employment, a permanent, criminal record, loss of professional license, loss of future gun rights, and extended probation after your release.

What is firearm law in Michigan?

Firearms law is a challenging and unique area of law that requires the experience and skill of a trained lawyer who understands gun laws and how they apply to various situations. The statutes that regulate the manufacture, distribution, sale, and possession of firearms in Michigan are voluminous. The firearm lawyers of The Clark Law Office ...

What happens if you get a gun charge?

With so many laws on the books, it can be a challenge for gun owners to keep all of the rules and regulations straight — but if you’re a gun owner who runs afoul of one of those laws, you may find yourself facing a criminal charge. Firearms charges can be serious legal matters. Many are felony offenses, and the potential consequences of conviction may include: 1 A jail or prison sentence 2 Payment of costly fines and court costs 3 Loss of your gun ownership rights 4 A permanent criminal record that can cost your job or career 5 Suspension or revocation of a professional license to teach, practice nursing, pharmacy, medicine, law, or another profession 6 Changes to your immigration status if you’re not an American citizen, including loss of your immigration visa or green card, denial of your citizenship application, or deportation to your native country

What are the laws in Michigan?

Michigan has numerous statutes regulating the use, possession, manufacturing and sales of firearms, and defining criminal offenses with regard to firearms. A few of the most common weapons charges seen in Detroit area courts include: 1 Carrying a Concealed Weapon — It’s a felony in Michigan to carry a concealed pistol on your body or in your vehicle, unless you have a carry license. 2 Illegal Possession of a Firearm — It’s a felony offense in Michigan to possess certain kinds of firearms, firearm modifications, and ammunition. If convicted, you may be sentenced to a lengthy prison sentence and thousands of dollars in fines. 3 Felons in Possession of Firearms — People who have felony convictions on their records are prohibited from possessing firearms unless they’ve met all conditions to have their rights restored. Illegal possession of a firearm by someone with a felony conviction is a separate felony offense that can result in years in prison and thousands of dollars in fines.

Is it legal to own a gun?

Certain weapons are permitted by law, while others are illegal. Special permits are usually required to carry a gun, and guns can’t be carried in certain places under any circumstances. It may be legal for you to own or carry a firearm, but if you are in the wrong place at the wrong time with one, you may be breaking the law, and the government may indict you on firearms charges . If this happens to you, the experts at the Federal Criminal Law Group have plenty of experience with the nuances of the laws regulating firearms, and can help navigate you through these tricky waters.

Do you need a permit to carry a gun in Georgia?

As a brief overview, in the State of Georgia, adults over age 21 don’t need a permit to purchase rifles, shotguns and handguns, but DO need a permit to carry an open or concealed handgun. Weapons can be transported in vehicles only in certain ways, and failure to do so can result in arrest. There are certain places where a weapon may not be carried by anyone, including near schools, places of worship, government buildings and mental health facilities. Some types of weapons are illegal to own, possess or sell in the state of Georgia; these include sawed-off shotguns/rifles, silencers, machine guns and military-grade weaponry classified as “dangerous weapons.” Certain individuals, such as people under 21, current or former mental patients, and those convicted of drug-related crimes, may not possess a firearm at all. Federal law prohibits any convicted felon from owning or carrying a firearm, and if you assist a felon in obtaining one, you may also be charged with a firearms felony along with the person in possession of the weapon. Pointing a firearm at anyone without legal justification is a crime in Georgia, whether or not the gun is fired, or even loaded. And if firearms are present when other crimes are being committed, it can result in further charges and stiffer penalties upon conviction.

How long can a felon be in jail for possession of a firearm?

For example, possession of firearms by convicted felons or drug users can provide punishments of up to ten years imprisonment. 18 U.S.C.A. §§ 922 (g), 924 (a) (2) (West Supp. 1995).

What is a 922 x?

Section 922 (x) of Title 18 makes it a crime for a juvenile to possess a handgun or handgun ammunition, or for anyone to transfer to a juvenile a handgun or handgun ammunition. 18 U.S.C.A. § 922 (x) (2) (West Supp. 1995).