Guns and the law are a complex topic. There are two overlapping areas of gun law: 1) gun crimes, and 2) the right to bear arms. Oftentimes criminal gun charges arise out of your exercise of the right to bear arms. This can happen in in concealed carry cases, possession of an automatic weapon, or self defense. If you are charged with a gun crime, you are at risk of losing not only your freedom but also the right to bear arms.
The Law Office of David H. Fuller represents individuals charged with violations of firearms laws or with gun crimes. David H. Fuller is a member of the National Rifle Association and the Washington Arms Collectors. The right to bear arms and gun crimes are a focus of his legal practice.
Gun Crimes
Gun crimes are any crime that involved the use of possession of a firearm. They can take a variety of forms.
Felon in Possession
It is a violation of state and federal law for an convicted felon to use or possess firearms. Felon in possession cases are actively pursued and the state’s attorney in King County and Pierce County routinely refer these for federal criminal prosecution. A federal conviction for felon in possession of a firearm triggers a mandatory minimum sentence. Conviction at the state level can also lead to long prison sentences. These cases require active and aggressive defense.
Domestic Violence Cases
If you have been convicted of a crime of domestic violence or are the subject of a domestic violence no contact order, you are prohibited from possessing or using firearms. These cases share many of the same issues as felon in possession cases, even if you are not a convicted felon.
Possession of Automatic Weapons or Other Destructive Devices
State and federal law prohibit private citizens from possessing or using automatic weapons, except in certain narrowly defined cases. A federal conviction for possession of an automatic weapon carries a mandatory minimum sentence. Conviction at the state level has the potential for a long jail sentence, depending on the facts and circumstances. I have negotiated the turnover of an automatic weapon to the ATF with no criminal sanctions, in a case where the owner was originally unaware that he had an automatic weapon.
Concealed Carry Laws
Washington is a shall issue state for concealed carry permits. Nonetheless, people are wrongly denied their right to concealed carry. Even if you have a concealed carry permit, it is possible to be arrested for violating the concealed carry law. Additionally, certain criminal convictions can impact your right to carry a concealed weapon.
Self Defense
One of the primary reasons that people own firearms is for self-defense. If you are forced to use your gun for self defense, you need to contact a lawyer so that you understand your legal rights. If the police misinterpret your use, or even your display, of a firearm, then you can be arrested for assault, battery, manslaughter, or murder. Anytime you use you firearm for self defense, even if you just display it to frighten off an attacker, you are at risk for arrest. It is important for your lawyer to immediately establish that you had a reasonable belief that you or someone in close proximity to you would have suffered death or great bodily injury, had you not acted in self defense.
