Firearm possession charges have severe legal consequences, including imprisonment, hefty fines, and denial of the right to possess firearms in the future.
However, being charged with illegal firearm possession does not mean one is convicted. There are many legal defense mechanisms that attorneys use to counter such charges, depending on the case circumstances.
The defense would vary to some degree depending on the offense committed, whether the weapon was illegally possessed, and how police officers conducted their investigation. Understanding the possession of a firearm charge and the legal defenses available is crucial to building a strong case.
The following are some of the most common defense strategies employed against a possession of firearms charge.
Unlawful Search and Seizure
One of the most widely used defenses against firearms possession charges is that the gun was illegally seized through unreasonable search and seizure.
According to the Fourth Amendment of the U.S. Constitution, citizens are protected against unreasonable search and seizure conducted by police officers. If a firearm is illegally seized in violation of one’s rights under the Constitution, the evidence may be thrown out of court.
For example, if police officers had searched without a warrant, consent, or probable cause from the defendant, the gun would have been illegally seized.
Otherwise, if the defense can prove that police officers infringed on the defendant’s rights while seizing evidence, the court can suppress the gun as evidence so that the prosecutor cannot proceed with the case.
Lack of Possession
One of the most effective defense mechanisms is proving that the defendant never possessed the firearm. There are two types of possession within the legal context:
- Actual possession occurs when the firearm is on the person’s body, such as in their pocket or waistband.
- Constructive possession occurs when the firearm is in some location where the owner has control of it, such as in their vehicle or home.
When the state is relying on constructive possession, the defense can plead that the gun was not theirs and that they had no knowledge of it being present. A case in point would be if the gun was in the defendant’s car or apartment, which they shared with another. The defense would plead that it was not theirs and that they had no knowledge of it being present.
Lack of Knowledge
In some cases, the defendant may plead ignorance of the presence of the firearm. This is most commonly applicable in constructive possession. If the defendant left the firearm in his car, home, or bag without realizing it was there, the defense may plead that the defendant cannot be legally culpable.
For example, if one had borrowed their friend’s vehicle, was then pulled over by the police, and had a gun concealed under the seat, one would be in a position to plead ignorance of the gun’s presence.
Likewise, if the prosecutor cannot prove that the defendant knew of the gun’s presence, it would weaken their case.
Conclusion
Firearms possession charges are serious crimes but have many potential avenues for defense against them. Whether challenging the validity of the search or presenting evidence of the validity of a permit, sound legal strategy can allow defendants to avoid conviction.
Anyone charged with gun possession should sit with an experienced defense attorney to review the best defense for their case. Understanding the legal options that may apply can be the key to conviction vs. dismissal of charges.
