Vestavia Hills Gun Lawyer
While the Second Amendment to the United States Constitution does protect the right of citizens to bear arms, Alabama has enacted a series of laws concerning the ownership, purchase, and use of firearms.
If a person is charged with violating these laws, they can often be confused and frustrated. Vestavia Hills gun lawyers work with clients who have been charged with violating Alabama’s gun laws to protect their rights under these serious criminal accusations. An experienced criminal attorney in Vestavia Hills can build a defense to help lessen or dismiss any potential penalties you may be facing.
Possession of Firearm Laws
There are specific rules enacted by Alabama to regulate the possession of firearms. Prominent examples include the conceal carry law and laws concerning carrying a firearm in a public place.
The Alabama concealed carry law is located in Alabama Code Section 13A-11-50. This law mandates that a fine of between $50 and $500 be issued in addition to a jail term of not more than six months. However, there is a procedure for obtaining a license to carry a concealed weapon under Alabama Code Section 13A-11-75.
While this section of code is drafted in a way that presumes all applications are accepted, there are a number of reasons that the application may be denied, including:
- Being found guilty, but mentally ill, in a criminal case.
- Being found to be mentally incompetent to stand trial.
- Required involuntary inpatient treatment in a mental hospital.
If an application is denied, that person has the right to appeal the denial at the District Court. Considering that the potential consequences for not having a license is time in jail, it is well worth appealing any denial.
Vestavia Hills gun attorneys not only represent clients who have been charged with illegally concealed firearms, but also in representing clients whose applications have been denied.
Another example of a law concerning firearm possession is Alabama Code Section 13A-11-61.2. This makes it a Class C Misdemeanor to bring a firearm into any police station, prison, mental hospital, or courthouse. The use of a firearm is also a factor in determining the seriousness of other crimes. For example, the use of a gun during a robbery or drug deal is an aggravating factor that will intensify the potential penalties upon conviction.
Gun crimes can be classified as ranging from relatively minor misdemeanors through Class B felonies. Class C misdemeanors, such as possession of a firearm in an illegal location, carry a maximum sentence of three months in jail with a potential fine of $500 in Alabama Code 13A-5-7. The penalties for felonies are much more severe.
While the exact penalties for many drug offenses are written into the laws, there are also general guidelines written in Alabama Code 13A-5-6. This includes imprisonment terms of:
- Class A Felony: No less than 10 years in prison but up to life imprisonment
- Class B Felony: No less than two years, but up to 20 years
- Class C Felony: No less than one year and one day, but up to 10 years
- Class D Felony: No less than one year and one day, but up to five years
As can be seen, the potential penalties for even misdemeanors include jail time. To best defend against such penalties, an individual should not hesitate before contacting a Vestavia Hills gun attorney.
Contact an Attorney
Whether a person is charged with illegal possession of a firearm, is attempting to appeal the denial of an application to carry a concealed handgun, or is facing related charges such as drug distribution or robbery involving the use of a firearm, Vestavia Hills gun attorneys are there to help.
A lawyer will listen to your side of the story with compassion and understanding to form a defense customized to your unique situation. Do not take any chances with your freedom, contact an experienced Vestavia Hills gun attorney as soon as possible.