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WEAPONS & FIREARMS CRIMES

All United States citizens have a right to bear arms that is protected by the Federal Constitution.  However, this right has limitations. There are many state and federal laws that regulate the ownership, possession, and use of firearms.  If you violate these laws, you could face severe punishments, including lengthy prison sentences and loss of all future rights to possess firearms.  Laws restricting the possession of firearms vary on the state and federal levels, and are constantly evolving. It is important that you are aware of the requirements you must obey when exercising your firearm rights so that you do not face criminal liability for a weapons or firearm crime.  Being charged with a weapons offense can be very serious, and should not be taken lightly. If you are facing a weapons charge, it is critical that you seek representation from an experienced criminal attorney.

The most common types of weapon and firearm offenses include: 

  • Unlawful possession of a firearm. State and federal laws prohibit the possession of firearms by people who have previously been convicted of felonies.  Under federal law, you might also be ineligible to own or possess a firearm if you have been convicted of a crime involving domestic violence; if you are subject to a domestic-violence restraining order; if you are an unlawful user of controlled substances; if you have been dishonorably discharged from the military; or if you do not have lawful immigration status in the United States.  Unlawful-possession offenses may carry substantial penalties, including up to ten years in federal prison. If you possess a firearm after having previously been convicted of certain types of drug crimes or violent crimes, you may be considered an “Armed Career Criminal” under federal law, which carries a severe mandatory-minimum punishment and may even subject you to life in prison.
  • Unlawful possession of a firearm on certain property. State law prohibits the possession of firearms or other weapons on certain types of property, such as schools, government buildings, airports, and others.  Violations of these regulations may be charged as felony offenses which carry substantial punishments.
  • Unlawful possession of weapons of mass destruction.  State and federal laws prohibit the possession of certain inherently-dangerous weapons that are capable of causing mass destruction, such as sawed-off shotguns, grenades, bombs, and other types of explosives.  These types of offenses also carry substantial penalties under both state and federal law.
  • Possession of a firearm in furtherance of another crime.  If you possess a firearm in furtherance of a drug-trafficking crime or a crime of violence, you may be subject to mandatory five-year prison sentence in federal court in addition to the sentence you receive on the underlying offense.  If you are charged with this offense a second time, you may face a mandatory-minimum sentence of twenty-five years in prison.
  • Concealed-weapon offenses.  Under state law, you may not carry a concealed weapon without a permit issued by your local sheriff’s office.  Even if you have a concealed-carry permit, you may still be charged with a concealed-weapon offense in certain situations; for example, if you a weapon while you are impaired by drugs or alcohol.  Although concealed-weapon offenses are misdemeanors, they can still carry serious consequences, and can jeopardize your ability to keep or obtain a concealed-weapon permit in the future.
  • Other firearm offenses.  Other common types of firearm offenses that are punishable under both state and federal law include stealing a firearm, possessing a stolen firearm, or possessing a firearm with an obliterated serial number.  These are all serious felony offenses that may subject you to serious penalties.

Defending against firearm and weapons offenses is a complex task, and it is imperative that you have a skilled criminal defense attorney to assist you. An experienced attorney understands the complexity of the ever-changing weapons and firearms laws and can aggressively aid in your defense so you are not wrongfully convicted or punished. 

Dan Blau has extensive experience in aggressively defending clients against a wide variety of weapons and firearms crimes. He has aggressively represented clients in federal and state courts, at both the trial and appellate levels. If you are facing charges for violating any weapon or firearms laws, call Daniel M. Blau today for a confidential and free consultation at (919) 256-3606. 

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10.0Daniel Micah Blau
Daniel Micah BlauReviewsout of 6 reviews

What Our Clients Say

THOUSANDS OF CASES | DOZENS OF APPEALS | QUALIFIED SUCCESS

Conviction Vacated

State v. K.P. (2018) Client was convicted of first-degree murder and sentenced to life in prison. RESULT ON POST-CONVICTION: Conviction vacated due to ineffective assistance of counsel; client released with time served.

Convictions Vacated

State v. J.D., 2017 N.C. App. LEXIS 327 (2017) Client was convicted of marijuana charge and habitual felon and was sentenced to 76-116 months in prison. RESULT ON APPEAL: Convictions vacated due to defective search warrant.

Convictions Reversed

State v. G.B., 217 N.C. App. 380 (2011) Client was convicted of forgery and habitual felon and was sentenced to 70-93 months in prison. RESULT ON APPEAL: Convictions reversed due to lack of evidence.

New Trial Granted

State v. S.C., 802 S.E.2d 531 (2017) Client was convicted of felony assault and was sentenced to 65-90 months in prison. RESULT ON APPEAL: New trial granted due to violation of client’s constitutional rights at trial.  (Appeal remains pending.)

New Trial Granted

State v. T.L., 217 N.C. App. 455 (2011) Client was convicted of robbery and kidnapping and was sentenced to 71-104 months in prison. RESULT ON APPEAL: New trial granted due to judge refusing to admit important defense evidence at trial.

Convictions Reversed

State v. L.P., 2011 N.C. App. LEXIS 1535 (2011): Client was convicted of misdemeanor larceny and sentenced to probation. RESULT ON APPEAL: Convictions reversed due to lack of evidence.

Order Vacated

State v. M.M., 209 N.C. App. 466 (2011) Client was ordered to enroll in lifetime satellite-based monitoring. RESULT ON APPEAL: Order vacated due to lack of jurisdiction.

Convictions Vacated

State v. A.H. (2018) Client was convicted of multiple felony and misdemeanor counts of possessing weapons on educational property.   RESULT ON POST-CONVICTION: All convictions vacated after statutes were ruled to be unconstitutional.

New Trial Granted

State v. S.R., 223 N.C. App. 325 (2012): Client was convicted of sex offenses and was sentenced to 307-378 months in prison.   RESULT ON APPEAL: New trial granted due to judge allowing improper expert testimony at trial.

New Hearing Ordered

State v. A.N., 778 S.E.2d 863 (2015) Client pled guilty to robbery and was placed into deportation proceedings as a result of his convictions. RESULT ON APPEAL: New hearing ordered due to former attorney misadvising client about the consequences of his guilty plea.

Order Vacated

State v. M.M., 209 N.C. App. 466 (2011) Client was ordered to enroll in lifetime satellite-based monitoring. RESULT ON APPEAL: Order vacated due to lack of jurisdiction.

Convictions Reversed

State v. L.P., 2011 N.C. App. LEXIS 1535 (2011): Client was convicted of misdemeanor larceny and sentenced to probation. RESULT ON APPEAL: Convictions reversed due to lack of evidence.

New Hearing Ordered

State v. A.N., 778 S.E.2d 863 (2015) Client pled guilty to robbery and was placed into deportation proceedings as a result of his convictions. RESULT ON APPEAL: New hearing ordered due to former attorney misadvising client about the consequences of his guilty plea.

New Trial Granted

State v. S.C., 802 S.E.2d 531 (2017) Client was convicted of felony assault and was sentenced to 65-90 months in prison. RESULT ON APPEAL: New trial granted due to violation of client’s constitutional rights at trial.  (Appeal remains pending.)

Convictions Reversed

State v. G.B., 217 N.C. App. 380 (2011) Client was convicted of forgery and habitual felon and was sentenced to 70-93 months in prison. RESULT ON APPEAL: Convictions reversed due to lack of evidence.

New Trial Granted

State v. T.L., 217 N.C. App. 455 (2011) Client was convicted of robbery and kidnapping and was sentenced to 71-104 months in prison. RESULT ON APPEAL: New trial granted due to judge refusing to admit important defense evidence at trial.

Convictions Vacated

State v. J.D., 2017 N.C. App. LEXIS 327 (2017) Client was convicted of marijuana charge and habitual felon and was sentenced to 76-116 months in prison. RESULT ON APPEAL: Convictions vacated due to defective search warrant.

New Trial Granted

State v. S.R., 223 N.C. App. 325 (2012): Client was convicted of sex offenses and was sentenced to 307-378 months in prison.   RESULT ON APPEAL: New trial granted due to judge allowing improper expert testimony at trial.

Convictions Vacated

State v. A.H. (2018) Client was convicted of multiple felony and misdemeanor counts of possessing weapons on educational property.   RESULT ON POST-CONVICTION: All convictions vacated after statutes were ruled to be unconstitutional.

Conviction Vacated

State v. K.P. (2018) Client was convicted of first-degree murder and sentenced to life in prison. RESULT ON POST-CONVICTION: Conviction vacated due to ineffective assistance of counsel; client released with time served.

Please note that these are examples of prior cases in which we have obtained a positive result for our client.  Every case is different, and we cannot guarantee a specific result in your case.