The Second Amendment of the United States Constitution gives its citizens the right to bear arms. With different state laws regulating what weapons are permissible and others aren’t, it can be a bit tricky to understand what counts as a weapons offense, and what counts as legal. Before carrying a weapon out in public, there are a few things you need to be aware of.
Definition of Weapon Violation
A weapon violation is the breaking of laws or ordinances that deal with Weapon Offenses, such as the manufacture or sale of a deadly weapon, giving a weapon to a minor, aliens in possession of deadly weapons, and the attempt of even doing any of the before mentioned. Weapons violation is a serious crime and can lead you to pay heavy fines and/or doing jail time.
What Falls Under the Category of Weapons Violation?
Weapons that can cause mass destruction and are more commonly used in the military are all considered to be deadly weapons, this includes but is not limited to:
- Knives with blades over five and a half inches long
- Shotguns with barrels less than 18 inches
- Rifles with barrels less than 16 inches
- Altered Rifles or Shotguns whose length are less than 26 inches
- Machine Guns
- Zip Guns
- Firearm silencer
- Chemical Dispensing Device
Possession and Use
Being charged with a weapons violation is serious and it falls under two categories, possession and use.
Possession refers to being found in the ownership or control of a deadly weapon on your person, in your car, or at your home. You can be charged with illegal weapon possession even if you have not shown, used, or threatened anyone with the weapon. Federal and State laws state that deadly weapons cannot be owned or used by civilians. (Note: You can also be charged with illegal possession, even if it is a weapon that is technically legal to be owned if you do not have a weapons permit. If you are going to carry, you must have a permit first.)
Use refers to being found using or brandishing a weapon during the act of another crime. A person does not need to be injured, nor does the gun necessarily have to go off, for illegal use to be charged. For example, if a person decides to rob a bank, but tries to do it with no weapon, they would be charged with robbery. Add a gun or a knife into the mix and now the charge gets upgraded into an aggravated robbery. The term aggravated is only used when a weapon is involved in the crime.
Consequences for Firearm Misuse
The consequences of being found in the possession of an illegal firearm are steep and have far more reaching consequences than just jail time. Being found with a pair of brass knuckles can lead you to have a Class A misdemeanor, which will result in jail time for up to a year as well as a $4,000 fine.
For more serious offenses, such as being in possession of explosives or a machine gun, you could be charged with a 3rd-degree felony which brings a sentence between 2-10 years as well as a fine up to $10,000.
These consequences though follow you even after jail time, your privileges, such as the right to vote and the ability to gain state professional licenses would be taken away from you. You would no longer be allowed to practice your 2nd amendment rights legally either, as you would no longer be accepted to own a weapon permit. Finally, you will find that your ability to find jobs would dwindle, as certain fields are not open for people convicted of a felony.
If I Get Accused of Firearm Misuse, Then What Happens?
If you find yourself in the unfortunate situation of being accused of possessing a firearm, then you will end up in the Hidalgo County Jail. Here it will be the responsibility of you or a loved one to find a way to pay for bail. If you need help with this, then call Rodriguez Bail Bonds. With our help and your commitment, we will be able to help you get out of jail which allows you the time to find representation before your next court date. The only thing we ask of you is that you come into our office and fill out some paperwork, in which you will agree to show at your court date. We are not concerned in finding out all of the facts of your case, we just want to know the crime and the charges that are being made against you, as that is what the judge uses to determine the amount of money needed for bail. During your next court date is when you will be determined innocent or guilty.
We are the name you can trust when it comes to making sure that your bond is set immediately, so that you may meet with your lawyer and your family to plan out your next action.