Although there is much controversy regarding our right to bear arms under the 2nd Amendment of the United States Constitution there are very clear rules for individuals who have that right taken away. Specific convictions make it illegal to possess a weapon, no matter what the circumstances, such as those who have been convicted of a felony, illegal aliens, anyone that has received a dishonorable discharge from the military, fugitives from justice, anyone serving more than one year in prison for a conviction, and anyone convicted of misdemeanor for domestic violence.
Each state has its own laws regarding possession of a weapon and there are different levels. The most serious is simple possession which makes any weapon of military use illegal, but also any individual that has a court order stating that they cannot possess a weapon whether this is because of a prior, mental illness or parole. It may be legal in certain states to carry a concealed weapon with proper licensing, but becomes illegal when a court order or state law is violated. Carrying in plain sight may be legal for professions such as a police officer, but becomes illegal in most states for the average civilian. Carrying on or about a person is the combination of plain sight and concealed and makes possessing a weapon illegal, period.
Sentencing varies depending on the weapon, place and the charges. It can range from a Class A misdemeanor of 1 year in jail and $4,000 in fines all the way to a 3rd degree felony of up to 10 years in prison and $10,000 in fines. If a weapon is carried over state lines then the charges can escalate to the federal level.
If there are ties to other criminal activity, such as drug trafficking or a sex crime, the sentencing will become even more serious. Illegal weapons or gun trafficking may have a mandatory time served depending on the state of residence.
Whether or not the individual will be able to bond out of jail depends on the circumstances of the case and the offender’s record. The amount of the bond will be greater if the crime is more serious in nature. If the individual is considered to be a threat to the public, then bond may be denied.
Weapon laws differ in each state so make sure that you know what they are if you own a weapon or plan on purchasing one in the future. Even if you do not have a criminal history, you need to know your rights. If you are arrested for a weapon’s charge, of any kind, contact your San Antonio criminal defense lawyer as soon as possible so that he can assist you with you case.