Possession of a Firearm: Law and Legal Help

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The possession of firearms is one of those topics that people are very passionate about, on both sides of the argument.  State and federal laws for possession of firearms must be followed by all those who handle firearms, including dealers, owners and anyone else who will be using firearms. Some of the concerns that arise when discussing possession of firearms are:

  • Who can legally possess firearms?
  • Where can you carry firearms?
  • What safety precautions should be utilized?

Federal Firearm Laws

There are both federal and state laws regarding the possession of firearms. Federal law states that it is unlawful for anyone to have a gun in their possession unless it is registered in their name.  The federal law also regulates who is allowed to have a firearm and who is not.  Individuals with criminal records of domestic violence or who are addicted to drugs are not allowed to possess firearms, as are others with questionable legal backgrounds.

State Firearm Laws

State laws more specifically dictate how firearms are to be carried.  There are four basic categories state that carry laws fall under:

  • States with permissive open carry laws allow carrying a firearm without a permit or license.
  • States with licensed open carry laws allow owners of firearms to openly carry once a license or permit is established.
  • States with anomalous open carry laws allow for openly carried firearms with the understanding that local governments can establish more rigid laws in their area than are applied to the rest of the state.
  • States with non-permissive open carry laws do not allow for open carrying of firearms, unless being used in specific situations (such as hunting, on private property, etc.) or in the case of self-defense.

Safety Guidelines

It is very important that firearms are always handled with respect and caution.  Making sure that safety guidelines are followed will greatly reduce the risk of injury.  Some of the most crucial precautions include never leaving a calked firearm unattended, never allowing children (or anyone who is not trained) to handle a firearm and never allowing anyone to operate a firearm while under the influence of an impairing substance such as drugs or alcohol.

Getting Legal Help

If you are concerned that your rights to possess a firearm are being encroached on or you have been convicted of unlawful carrying of a firearm, then it is a good idea to contact an experienced attorney who understands the laws specific to your state.  The attorney will be able to help you “to keep and bear Arms” and ensure that your rights are not “infringed” (The Second Amendment of the U.S. Constitution).

This article is provided for informational purposes only. If you need legal advice or representation,
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