Weapons Offenses

connecticut-weapons-charges-attorney.jpgIn recent years, the increase in the number of school shootings and other mass shootings has led many to call for new gun control laws to be put in place to help prevent these tragedies. Congress recently passed the Bipartisan Safer Communities Act, which was meant to improve gun safety and reduce potential threats to children and other members of communities throughout the United States. While this law has included several measures that may help address mental health and prevent gun violence from occurring, it may also increase the likelihood that people may face federal criminal charges related to the use, ownership, and sale of firearms. 

Potential Criminal Charges Under the BSCA

The gun safety law has increased the penalties for certain types of federal weapons offenses, and it has also created some new crimes at the federal level that may apply to those who purchase or sell firearms. The changes made by the law include:

  • Straw purchasing of firearms - This offense was created by the BSCA, and it involves purchasing a firearm on behalf of someone who is not permitted to own firearms because they are a convicted felon, have been committed to a mental institution, have been convicted of domestic violence, or are subject to an order of protection preventing them from stalking, harassing, or threatening an intimate partner or family member. A conviction of this offense can result in a prison sentence of up to 15 years, although the maximum sentence may be increased to 25 years if a straw purchase was made when a person had reasonable cause to believe that a firearm would be used to commit a felony or a drug trafficking crime or engage in terrorism.

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COM_EASYBLOG_POST_TAGGED Hartford Weapons Crimes Attorney

Hartford criminal defense attorney for weapons offensesGun control has been a topic of immense concern and debate over the past few years. Due to the number of high-profile incidents of gun-related violence that have occurred throughout the U.S., state lawmakers have begun to consider implementing measures meant to prevent some of that violence. Connecticut was the first state in the nation to pass a “red flag” law in 1999 after a disgruntled worker at the Connecticut Lottery Corp. used a pistol and a knife to murder four employees before shooting himself. Since the law was passed, however, no changes have been made to it, prompting some to argue that the law has not kept up with modern times. To avoid facing potential criminal charges, gun owners should be sure to understand this law and how any potential changes could affect them.

What Are “Red Flag” Laws?

A total of 16 states and the District of Columbia have followed in Connecticut’s footsteps in implementing “red flag” laws, which are laws that take a preemptive approach to gun safety. Under these laws, anyone who is concerned that another person presents a danger to themselves or others can ask the court to temporarily remove that person’s firearms from their home or possession. In many cases, people come forward if they are concerned about suicidal thoughts expressed by a loved one, or they may ask the court to take action if a person has talked or joked about shooting someone.

The judge will determine whether or not the person is actually a threat to the safety of themselves or others and make a decision accordingly. If the judge approves the request, a court order known as a “risk warrant” will be issued, requiring the person to surrender their firearms for a specific period of time.

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Hartford criminal defense lawyer for weapons chargesSince the establishment of the United States, one of the freedoms inherently given to American citizens is the right to gun ownership. The right to bear arms is one of the many unique characteristics of the U.S., but this “right” is commonly restricted and regulated by state governments. One of the many ways the use and possession of firearms is regulated is by requiring some kind of permit or license to legally purchase and possess a firearm. Each state has its own laws, but Connecticut tends to be more strict with its gun laws than many other states.

Carrying Permits

Anyone who wishes to purchase a firearm in Connecticut must obtain an Eligibility Certificate. This will allow you to buy a gun and transport it to your home or place of business. However, before you can carry a handgun on your person, you must apply for and receive a permit for carrying a pistol or revolver. This permit is broad; Connecticut law does not specify whether the permit applies to open carry or concealed carry, just carrying a pistol in general. If you plan on carrying a handgun in any place other than your home or place of business, you must have a valid pistol permit on your person.

Before receiving a Connecticut State Pistol Permit, you must first apply for and receive a temporary local pistol permit from the chief of police in your town or city. Connecticut is a “may issue” state, which means local law enforcement has the right to decide whether or not a permit can be issued to a person. There are also certain requirements that must be met before a permit will be issued. Connecticut law states that a permit may be issued to a person who:

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firearms analysis, Hartford criminal defense attorneyForensic science is the application of research, analysis, technology, and science in civil and criminal law proceedings. If you have turned on a television in the last decade and a half, you have probably seen at least one if not dozens of dramas depicting fictionalized versions of forensic investigation. When forensics experts provide testimony or evidence in a criminal case, it is easy to presume that the results in question are fully reliable and backed by solid scientific research.

In recent years, however, it appears that forensic investigators have been overstating the reliability of some of their most well-known methods, including those used to “match” a bullet to a particular firearm. The issue has become such a concern that an appellate court judge in Washington, D.C. addressed the matter in an opinion filed in the appeal of a murder conviction.

Common Methodology

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