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Firearms Offense Defense

Firearms charges arise in both federal and California courts, and they frequently attach to other allegations - adding mandatory or consecutive penalties. Whether a weapon was possessed, by whom, and how it was found are often decisive questions.

Common firearms charges

Firearms allegations range from unlawful possession to weapons used in connection with another offense, where the penalties can be severe and, in some federal cases, consecutive.

  • Felon in possession of a firearm
  • Possession of a firearm in furtherance of another crime
  • Unlawful manufacture, sale, or transfer
  • California-specific possession and carry offenses

Search, seizure, and possession

Many firearms cases turn on how the weapon was discovered. Unlawful stops, searches, and seizures can lead to suppression of the evidence. Possession itself - actual or constructive - is frequently contested, especially where multiple people had access.

Enhancements and exposure

Firearms allegations can trigger sentencing enhancements and, in federal court, consecutive mandatory terms when tied to certain offenses. Keeping a firearms count from compounding other exposure is an important defense goal.

Prior results and recognitions do not guarantee a similar outcome. Every case is different and must be evaluated on its own facts.

Answers

Frequently asked questions

General information about firearms offenses. It is not legal advice. Every case turns on its own facts.

Can a firearm charge add to another case?
Yes. Firearms allegations are often added to drug or violent-crime cases and can carry enhancements or, federally, consecutive mandatory penalties.
What is constructive possession?
It means having control over a firearm without holding it - for example, a weapon in a shared space. Whether the government can prove it is frequently disputed.
Can the gun be suppressed as evidence?
If the firearm was found through an unlawful stop or search, a motion to suppress may exclude it. The lawfulness of the search is examined closely.
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Facing a federal investigation or serious charges?

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