Can a person be accused for firearm charge if another is arrested at home with three guns and the person’s fingerprints might be on the gun? 23 Answers as of May 28, 2013

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
It is conceivable that multiple people could possess/use/sell multiple firearms with or without print evidence.
Answer Applies to: Pennsylvania
Replied: 9/16/2012
Mace J. Yampolsky, LTD
Mace J. Yampolsky, LTD | Mace Yampolsky
Yes.
Answer Applies to: Nevada
Replied: 5/22/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Yes, especially IF the person arrested drops the other person's name.
Answer Applies to: Georgia
Replied: 9/16/2012
Steven Alpers | Steven Alpers
Anyone can be arrested the question is if you can be convicted and you have not given me enough facts to even guess.
Answer Applies to: California
Replied: 9/16/2012
James M. Osak, P.C.
James M. Osak, P.C. | James M. Osak
POSSIBLY. WEAK CASE HOWEVER . . . UNLESS YOU CONFESS.
Answer Applies to: Michigan
Replied: 9/16/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Yes.
    Answer Applies to: New York
    Replied: 5/28/2013
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Anything is possible. CAN they charge you? Of course. If they think they can convict you. If they arrest a person, they think they can convict them, and intend to do so. If you are questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 9/16/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you are in a house or car with guns you can be charged with "constructive possession" on the legal presumption that everyone present is possessing the guns. You should retain a good criminal lawyer who can investigate the case and show that you did no know the guns were present and that your prints were not on the gun. Your lawyer will wait until the other person pleads guilty or gets convicted and then try to get your case dismissed.
    Answer Applies to: New York
    Replied: 9/16/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes. It's about what they can prove.
    Answer Applies to: California
    Replied: 9/16/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    They can accuse(charge) the offense but to get a conviction the authorities would need to prove possession. Fingerprints would constitute an element of that proof.
    Answer Applies to: Minnesota
    Replied: 9/16/2012
    Reza Athari & Associates, PLLC | Seth L. Reszko
    You can be charged. You might have many defenses against the charges, but the State can still file charges against you if it believes you committed a crime relating to a firearms offense. If you are arrested, and you cannot afford to hire an attorney, one will be appointed for you otherwise you are strongly advised to retain private counsel.
    Answer Applies to: Nevada
    Replied: 9/16/2012
    William L. Welch, III Attorney | William L. Welch, III
    Anyone may be accused of anything. Whether the prosecution can prove it is another matter.
    Answer Applies to: Maryland
    Replied: 9/16/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Much more would have to be known about the nature of the firearm charge. For a consultation, call local counsel.
    Answer Applies to: Minnesota
    Replied: 9/16/2012
    Law Office of Mark Bruce
    Law Office of Mark Bruce | Mark Corwin Bruce
    What kind of firearm charge? It's not illegal to possess a firearm unless one is a convicted felon. If one is a convicted felon and one's fingerprints are on a gun and it can be proven that the fingerprints were placed on the gun after one was convicted of a felony. Well, you see how attenuated this gets.
    Answer Applies to: California
    Replied: 9/16/2012
    Attorney at Law | Ernest Krause
    So what is the crime for touching a firearm. He/she is on parole or probation.
    Answer Applies to: California
    Replied: 9/16/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    That depends on the firearms charge and what it is. Just because someone has their fingerprints on a gun by itself does not mean anything. I would need a lot more facts to answer this question.
    Answer Applies to: Michigan
    Replied: 9/16/2012
    Walpole Law | Robert J. Walpole
    Anything is possible. The question is whether any of this can lead to a conviction of a crime. The facts presented do not provide sufficient information to answer your question.
    Answer Applies to: Oklahoma
    Replied: 9/16/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    It seems unlikely. Touching something does not mean that you possess it.
    Answer Applies to: New Jersey
    Replied: 9/16/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Yes. More facts needed here.
    Answer Applies to: Florida
    Replied: 9/14/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Basically possession can ne actual or constructive. As you may guess from the name, actual possession means one actually possesses the item. Constructive possession means one can exercise dominion and or control over the object. In other words, you can lay your hands on it. Fingerprints prove actual possession.
    Answer Applies to: Washington
    Replied: 9/14/2012
    Law Office of Richard G. Terry | Richard G. Terry
    Possibly, it is a matter of possession or constructive possession, if you reside in the home and have the access to the firearms and the right or ability to exercise dominion and control over them you can be charged. If they were locked in a gun safe and you didn't know the combination different story.
    Answer Applies to: California
    Replied: 9/14/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Yes.
    Answer Applies to: Michigan
    Replied: 5/22/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    If the persons whose home was searched and the gun where found they could be arrested. If you fingerprints are just on the weapons but it is not your home it would be doubtful. Never talk with the cops.
    Answer Applies to: Nebraska
    Replied: 9/14/2012
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney