Criminal possession of a weapon happens when someone has a weapon they’re not allowed to have. A weapon is any object that someone might use to fight, hurt another person, or cause death.
The law usually puts weapons into two categories based on what they are and how they’re used. There are less dangerous weapons and deadly ones. Some examples of these types are guns, knives, pepper spray, explosives, and different chemicals that can cause harm.
Legally speaking, you’re considered to possess something when you have direct physical contact with it or when you control it somehow. The criminal part of this definition can relate to what type of weapon you’re dealing with, who has it, or how they came to possess it in the first place.
In most situations, someone faces criminal possession charges when they knew from the start that their weapon was illegal to have. The same law applies if they learn later that the weapon is illegal but choose to keep it anyway. The key factor here is knowledge. Either you knew it was illegal when you picked it up or you found out later and chose to keep it even though you knew that fact.
When is Gun Possession a Crime?
Your age, personal background, the type of firearm you want to own, and how well you follow local concealed carry laws and gun control laws are the main elements that determine if you can legally own and carry a gun. The specifics matter here and your history can completely change what the law lets you do.
Age laws come first because they set up a firm boundary that you can’t cross. Most states set either 18 or 21 as the minimum age for owning or carrying different types of firearms, so you’ll want to check your local laws. If you’re under that minimum age, it doesn’t matter if you meet the other requirements, you still won’t qualify.
Your background also plays a big part in this process. Most states run background checks on anyone who wants to apply for a permit or buy from a licensed dealer. Past problems in your record, even old ones, can limit what you’re allowed to do. You might need to provide extra paperwork and the whole process can be pretty invasive when you’re going through it.
The type of firearm matters because the law treats long guns, handguns, and restricted weapons quite differently from one another. Some firearms need extra permits or stricter background checks than others. The process might take much longer or you might need to prove you meet extra qualifications that other gun owners don’t face.
You also need to follow all concealed carry laws in your area. Make sure that you’re aware of when and where you’re allowed to carry a concealed firearm with you. Local laws change from place to place and the penalties can be pretty harsh if you make mistakes.
Owning or carrying a firearm comes with responsibility and the laws can be quite tough to work through.
What are the Individual Restrictions on Gun Possession?
Gun ownership comes with some restrictions that depend on multiple factors. Your age, the type of firearm, and your background all determine if you can legally own a gun. Federal laws prohibit anyone under 18 from buying a handgun. This age restriction doesn’t apply to long guns like rifles and shotguns and states can choose to set stricter age requirements if they want to. The laws around buying firearms can change from state to state because of this flexibility and most states set the minimum age to buy a handgun at 21 years old.
Your background can also make it illegal for you to own a firearm. Federal laws prohibit the sale of firearms to anyone who meets any of these criteria:
You’ve been charged with or convicted of a crime in federal court that carries a possible sentence of over a year in jail, as these are usually felonies; you’ve been convicted of or charged with a crime in state court that’s either a felony or a misdemeanor punishable by more than 2 years in prison; you’re currently a fugitive; you’re known to be addicted to controlled substances, which means you’ve “lost the power of self-control with reference to the use of controlled substances.” Courts sometimes determine this from multiple recent drug convictions.
Other criteria include:
A court or other lawful authority has found you to be a danger to yourself or others or you’ve been involuntarily committed for drug, alcohol or mental health treatment; you’re subject to a court order related to domestic violence or a mental health condition or you’ve been convicted of related crimes; you’re in the U.S. illegally; you were dishonorably discharged from any branch of the United States Military Service.
Just like with age requirements, every state can also choose to be more restrictive than federal laws about who can own firearms based on their background.
What are the Location Restrictions on Gun Possession?
You’ll find that some locations prohibit gun possession, even when you have a valid permit to carry a firearm legally in other areas. Federal and state laws govern these restrictions and your state can choose to be more restrictive than what federal law asks for.
Federal buildings are completely off-limits for firearms and this includes post offices. You also can’t bring weapons into airports or onto airplanes, unless your weapon is unloaded, packed in a checked bag, and you’ve told the airline ahead of time. School zones around K-12 schools are another restricted area, though people with state-issued concealed carry permits may have different laws that apply to them.
Most states won’t let you bring firearms into courthouses and other government buildings. The laws might work differently when you have an open carry permit though, so it’s worth checking your own state laws to see what applies to you.
You’ll also want to skip bringing firearms into bars or restaurants that serve alcohol. Churches, polling locations, and daycare centers are other common restricted areas that you should remember during your daily routine.
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What are the Restrictions on Specific Types of Firearms?
Some states don’t allow you to own some types of firearms. Depending on where you live, you might not be able to legally own multiple different categories of weapons.
Assault weapons are semi-automatic guns that have detachable magazines. Ghost guns are firearms you can put together from a kit or make with a 3D printer that law enforcement can’t trace and metal detectors usually can’t detect them. Large capacity magazines that hold more than 10 rounds are also restricted in many places. Machine guns or automatic firearms that keep firing bullets as long as you hold down the trigger are banned in most areas. You’ll also find that 50 caliber weapons are prohibited in a few states. Silencers, which are used to stop other people from hearing the gunfire or seeing the muzzle flash, are also restricted in plenty of locations.
You might also face restrictions based on how you carry your firearm. There are two main ways to carry firearms: concealed carry and open carry. Each way has its own set of laws that change significantly from state to state.
Carrying a concealed firearm in public might be a crime, depending on what state you live in. About 15 states allow you to carry concealed firearms without any specific permissions. The other states make you get a concealed carry permit first before you can legally carry a hidden weapon. In some states, this permit can be pretty tough to get and might take months to finish.
Carrying a firearm openly in public might make people around you uncomfortable or create legal complications. About 5 states don’t allow open carry at all, no matter what permits you might have. About 15 states make you get some type of permit or license before you can open carry a firearm in public. You can open carry without a permit in about 30 states, though local laws might still apply in certain areas.
What is the Punishment for an Illegal Firearm Possession Conviction?
While the Second Amendment does grant you the right to bear arms, that right isn’t absolute. If you carry a firearm and violate any of the restrictions we’ve covered, you could end up with big legal consequences that’ll affect your future.
If you carry a firearm while you commit another crime, you’ll almost always face harsher punishments. If you’ve been convicted of a felony, you’ll be prohibited from carrying a firearm in nearly every case across all states.
If you’re a felon in possession of a firearm, you’ll get stiff penalties across the country. Most states do allow felons to restore their gun possession rights, though, as long as they aren’t considered dangerous to public safety and restoring their rights serves the public interest.
Do I Need an Attorney for Help with Gun Possession Charges?
You need a criminal lawyer to help with any situations, questions and worries you have about a gun possession charge. Your lawyer can also help you restore your gun ownership rights. LegalMatch can put you in touch with the right lawyer for your situation.
Gun law violations carry big consequences and penalties that can affect multiple areas of your life. You don’t want to take risks with gun possession charges because they can affect your employment opportunities and even your child custody arrangements. You need to handle these charges with care and get legal help as soon as possible.
