Can an 18 year old be sentenced to jail for driving with a gun in the car? 42 Answers as of June 25, 2013

If an 18 year old with no prior arrests is arrested for driving with a gun in the car, at court time will he go to jail/prison ?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I'd recommend you retain an attorney to assist you with this matter. If you need specific legal advice, you should consult privately with an attorney. Generally speaking, under Michigan law, alleged crimes involving guns frequently have maximum possible penalties that may include jail and potentially prison time if convicted, depending on the charges.
Answer Applies to: Michigan
Replied: 10/5/2011
Law Offices of Sean Logue
Law Offices of Sean Logue | Sean Logue
He can be charged w/ unlawful possession of the firearm.
Answer Applies to: Pennsylvania
Replied: 9/20/2011
Fitzpatrick, Mariano, & Santos, PC
Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
An 18 year old can go to jail for driving with a gun in a car. The court considers many factors when determining the appropriate disposition of a case. Prior criminal record and the exact criminal charge are important factors. An experienced criminal attorney will in obtaining the best outcome possible.
Answer Applies to: Connecticut
Replied: 9/19/2011
Michael R. Nack, Attorney at Law
Michael R. Nack, Attorney at Law | Michael R. Nack
He would definitely be facing prison time, but a good defense attorney may be able to avoid incarceration.
Answer Applies to: Missouri
Replied: 9/15/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
Probably not but that is up to the judge. A good laeyer would try to keep him out of jail.
Answer Applies to: Michigan
Replied: 9/15/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    He may be sentenced to jail, NY is very strict on gun cases currently and generally sentences people for gun possession at least to one year.
    Answer Applies to: New York
    Replied: 9/15/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    California Penal Code section 12025 does not prevent a citizen of the United States over 18 years of age who is not lawfully prohibited from firearm possession, and who resides or is temporarily in California, from transporting by motor vehicle any pistol, revolver, or other firearm capable of being concealed upon the person provided the firearm is unloaded and stored in a locked container. The term "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment. If the gun was carried in a locked container and was unloaded at the time he cannot go to jail for just having it in his car. However, if not then an 18 year old can be arrested, charged, found guilty and have time in custody.
    Answer Applies to: California
    Replied: 9/14/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Depending on the facts, he could face something as simple as a misdemeanor for carrying either a loaded or concealed (or both) firearm, but it could also be a felony if the gun is stolen or if he's not the registered owner. He definitely needs a good local criminal defense attorney. There may be search issues, etc. that can greatly change the outcome of this case.
    Answer Applies to: California
    Replied: 9/14/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    Yes they can but more than likely you will be fined and have to pay Court Costs.
    Answer Applies to: Alabama
    Replied: 9/14/2011
    Law Office of Ernest T. Biando, LLC | Ernest Biando
    It all depends on the Judge and ADA-as well as the case facts.
    Answer Applies to: Massachusetts
    Replied: 6/24/2013
    The Law Office of Cindy Barton
    The Law Office of Cindy Barton | Cindy Barton
    You do not say what the eighteen year old was charged with.Possession of a concealed weapon is a different penalty than having a loaded firearm, etc.It is unlikely that a person would go to prison for a first offense whatever it is.If the person is charged with a misdemeanor they cannot be sentenced to prison.That is only for felonies.It is possible that they would do some jail time, but mostly probation.
    Answer Applies to: Utah
    Replied: 9/14/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    With almost any crime, there exists the possibility of jail or prison time. In Michigan you need a permit to openly carry a firearm in your vehicle. While jail is possible, if it is his first offense with no priors, he may just be sentenced to probation. It depends on who the judge and prosecutor are as well. Given his age, he may be eligible for HYTA which could keep the offense off his public record if he successfully completes probation. Consult with an experienced criminal attorney as soon as possible.
    Answer Applies to: Michigan
    Replied: 9/14/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    If a person has a clean record, the most severe charge he could face in that situation would be a gross misdemeanor for being in possession of a weapon without a permit, so prison is not a possibility. However the penalty for that charge could result in some local jail time.
    Answer Applies to: Minnesota
    Replied: 9/14/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Carrying a concealed weapon is a 5 year felony in Michigan. Therefore, it is possible that a person, even on first offense, could be sentenced to jail. There are many things to consider when determining a sentence so there is no black and white answer to this question.
    Answer Applies to: Michigan
    Replied: 9/14/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Carrying a concealed weapon whether in a car or not is a misdemeanor punishable by up to 6 months in jail. If it is loaded it is an additonal offense. It is not likely that a first offender will do jail time for this but it depends on the circumstances and the judge. The person needs a good certified criminal law specialist to represent him.
    Answer Applies to: California
    Replied: 9/14/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Possession of a loaded weapon is a serious crime in New York State. If he is under 19 he is eligible for Youthful Offender Treatment and will probably be sentenced to probation for 5 years. He will not have a criminal record, but if he is arrested again the court will definitely take this into consideration.
    Answer Applies to: New York
    Replied: 9/14/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    In Oregon, assuming the gun is both concealed and "readily accessible" in the car, the crime is Unlawful Possession of a Weapon and it is a misdemeanor. Although the 18 year old in question could, under Oregon law, do up to one year in jail, the more likely result is probation, perhaps a short jail sentence and possibly some community service. He should get a lawyer prior to court, though.
    Answer Applies to: Oregon
    Replied: 9/14/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    It is very unlikely that he will be sentenced to actual time in custody. The act of carrying a loaded firearm in a vehicle is only a misdemeanor in California. Most first time misdemeanors do not require jail time. Good luck.
    Answer Applies to: California
    Replied: 9/14/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Probably not, but it's a question nevertheless best addressed to the competent criminal defense counsel who hopefully is representing him by now.
    Answer Applies to: Virginia
    Replied: 9/14/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes, it is possible. Even if it is charged as a misdemeanor, it is a jailable offense. Contact an attorney for assistance.
    Answer Applies to: California
    Replied: 9/14/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Could be sentenced to jail. Case might also be dismissed depending an facts not here. Talk to an attorney before you plead.
    Answer Applies to: California
    Replied: 9/14/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    At 18, the person is an adult. It is a misdemeanor offense to carry a gun in a car (unless there are other aggravating factors). He could receive from probation up to 1 year in jail.
    Answer Applies to: Texas
    Replied: 9/14/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    It is a gross misdemeanor offense to transport a gun in a motor vehicle without a permit. A sentence for a conviction could range between 0 days to a year in jail. I would say that a there is a risk of doing some county jail time but no chance for prison time.
    Answer Applies to: Minnesota
    Replied: 9/14/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    There is an affirmative defense to possession of weapon in a car if the weapon was for self defense. Without looking this up, it seems to be a misdemeanor, so unlikely jail if no other record. If the gun is owned/possessed legally and the possessor has no felony conviction, this should be a minor charge at best and possibly not a crime at all.
    Answer Applies to: Colorado
    Replied: 9/14/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Possession of a firearm without a permit is an offense that you can get jail time for.
    Answer Applies to: Alabama
    Replied: 9/14/2011
    Law Office of Michael Brodsky
    Law Office of Michael Brodsky | Michael Brodsky
    Here is the applicable law:* 9.41.240. Possession of pistol by person from eighteen to twenty-one * Unless an exception under RCW 9.41.042, 9.41.050, or 9.41.060applies, a person at least eighteen years of age, but less than twenty-one years of age, may possess a pistol only: (1) In the person's place of abode; (2) At the person's fixed place of business; or (3) On real property under his or her control. So, assuiming we are talking about a pistol, possession by an 18 year old in a car is unlawful and punishable as a simple misdemeanor with a maximum sentence of 90 days in jail and a $1,000. fine. So, no prison, but jail is a possibility. He should get the advice of an experienced criminal defense attorney. *Mike Brodsky* *Please note that this is not legal advice and does not create an attorney-client relationship. This post represents only the poster's opinion. You should speak to an attorney for further information. The poster is licensed only in the State of Washington.* *For more information about our law firm and services, please visit my website at www.brodskylawfirm.com. I hope this post was helpful to you. Thank you.*
    Answer Applies to: Washington
    Replied: 9/14/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Sure, you could be. Why did you have the gun? Was the gun stolen property? Was the gun registered? Did you have a license to possess the gun? Why were you stopped? Was the gun used in the commission of a crime? If not, was the gun found in the car when you were stopped because you had committed a crime (even though not using the gun). These are all questions, the answers of which could have a bearing upon the answer to your question. Consult an attorney.
    Answer Applies to: Washington
    Replied: 9/14/2011
    D T Pham Associates, PLLC
    D T Pham Associates, PLLC | Duncan T Pham
    18-year olds can be sentenced to jail time for unlawful possession of firearm.
    Answer Applies to: Texas
    Replied: 9/14/2011
    Donahue, Sowa & Magana Attorneys at Law
    Donahue, Sowa & Magana Attorneys at Law | Glenn M. Sowa
    Although jail/prison is authorized for this offense, without more aggravating factors, it is doubtful that the 18 year old will go to jail/prison. If and when a judge sentences a person he/she looks at the seriousness of the offense and the background of the defendant. If there are no prior offenses in the defendant's history and the nature of the offense doesn't have any aggravating factors, it's unlikely that jail will result as a condition of the sentence.
    Answer Applies to: Illinois
    Replied: 9/14/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    If the gun was illegal (i.e. loaded), jail time is possible. There is no prison unless the defendant is a convicted felon.
    Answer Applies to: Washington
    Replied: 9/14/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Most likely the result will be for a probation period rather than jail time.
    Answer Applies to: Kansas
    Replied: 9/14/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Probably not, but the range of punishment makes jail a certain possibility. You need to hire an attorney and vigorously fight this charge.
    Answer Applies to: Texas
    Replied: 9/14/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Possession of a firearm in a vehicle can result in charges. If you have these charges, going to jail will depend on a great number of things, including prior record and circumstances of the charge, as well as the Court and the prosecutor involved. Your best course of action is to hire an attorney to represent you so that you can fully discuss all of your options and the potential penalties. You may contact my office to arrange a mutually convenient date and time for an appointment to discuss your case. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 9/14/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    In New Jersey possessio of a handgun is punishable by up to ten years in prison and imprisonment, instead of probation, The 18 year old needs a very gun lawyer to avoid prison. He should call me.
    Answer Applies to: New Jersey
    Replied: 9/14/2011
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    Yes, 18 is not a minor, however, if she does not have a criminal history, it is unlikely that a first offense will result in jail unless the gun was stolen or used in another crime. You should immediately hire an attorney. If an attorney is appointed, or offered for free, that means the state is looking for jail.
    Answer Applies to: Maine
    Replied: 9/14/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    In all probability, he will not get prison time for a first offemse, if said crime occurred here in Illinois, however, I strongly urge you to get legal representation for him before going to court, as there may be defenses possible to the charges.
    Answer Applies to: Illinois
    Replied: 9/14/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Of course. I don't know where you are but in San Francisco it is a mandatory 90 days and no elect bracelet.
    Answer Applies to: California
    Replied: 9/13/2011
    Watkins Law Office
    Watkins Law Office | Bob Watkins
    The easy answer is yes, jail is a possibility. The circumstances of the possession will greatly impact any sentence; assuming a conviction. It will also depend on whether this is a felony charge or a misdemeanor charge. Again, all depends on why this 18 yr old was in a car with a gun.
    Answer Applies to: New Hampshire
    Replied: 9/13/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    A lot depends on the individual's criminal history. If he has previously been convicted of a crime of Domestic Violence or a felony, he could be looking at Unlawful Possession of a firearm (UPF) in the First Degree. He would have a standard sentencing range depending on his record. Otherwise, he is looking a misdemeanor UPF and a sentence range of o to 365 days in jail. It may be possible to avoid jail. However, that would involve forfeiture of the firearm and I would recommend that he take a firearms safety class to "sweeten the pot" for the court and prosecutor.
    Answer Applies to: Washington
    Replied: 9/14/2011
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