What am I charged with if I was arrested for having a gun in my car? 51 Answers as of August 24, 2011

Possible

If you don't have a concealed carry permit and the gun in your car was both concealed and readily accessible, you could be charged with unlawful possession of a firearm. It's a Class A misdemeanor under Oregon law meaning you could get up to 1 year in jail, but that usually doesn't happen. You might have a motion to suppress the search since you didn't consent and I think you can argue that they didn't have probable cause to search your car.

That depends on whether it was legal for you to possess a firearm. If you are a convicted felon; have a DV conviction, or adjudicated mentally ill, you could be charged with the a felony. If you are a juvenile, you could be charged with two misdemeanors. One would be unlawful possession of a firearm plus carrying a firearm without a license. If you're an adult you will be looking at one misdemeanor.

Thank you for your inquiry The charge may be the illegal transportation of a firearm, illegal possession of a firearm, or another gun related charge. If there is a related felony charge, felony firearm could be charged. Without more facts, it is difficult to tell. There are a number of reasons that a vehicle can be searched without consent. Therefore, you should have your case reviewed by the attorney you hire to see whether the search in this case is allowable. If not, you may be able to suppress the gun, and without sufficient evidence, any resulting charge could be dismissed. I hope that this was helpful.

Not sure if this is a question or a request to guess, but I would say that you are charged with possession a weapon.

Possession of MJ and Carrying a concealed weapon

Did you have a permit for the gun??? If not, then possession of a firearm with the necessary permits.

August 10, 2011 You could be charged with the misdemeanor offense of possession of a pistol without a permit.

Possession of a concealed handgun (PC 12025) and having a loaded firearm if it was loaded. (PC 12031)

Depends on your criminal history, whether you have a CCW permit, etc.

If you do not have the proper permits, probably carrying a concealed weapon which is a 5 year felony.

Carrying a concealed weapon. Max penalty is 5 years in the Michigan Department of Corrections. Hire an experienced criminal defense lawyer to help you.

You will be charged with felony Criminal Possession of a Weapon. You should not have admitted that there was a gun in the car. That prevents your lawyer from arguing to the jury that you did not know that someone left a gun in your car or that the gun was not yours. Never give the police any more information than your license, registration, and insurance. Just let them arrest you and hope they tell the truth at the suppression hearing. Feel free to call for a consultation..

By saying you had a gun in the car, you pretty much gave up any 4th Amendment defenses with regard to the lawfulness of the search. As for what you will be charged with, it is upoto the prosecutor when reviewing the police report.

If you have felony criminal history you are likely to be charged with unlawful possession of a firearm. If not, and you do not have a concealed carry permit, that would be a different charge, either a misdemeanor or a felony depending on the whim of the charging deputy prosecutor. If drugs were found in the search, a charge of unlawful possession of a controlled substance is likely and a firearm sentencing enhancement added.

Unlawfully carrying a concealed weapon, unlawfully carrying a weapon on a school/college/university (if the parking lot was at such a location). There can potentially be other charges depending upon whether or not you are a juvenile or were previously convicted of a felony (or conspiracy or attempt to commit a felony).

Carrying a Concealed Weapon is the charge and it carries up to 5 years in prison, It is a felony. Get an attorney.

You are looking at a serious charge. You need to be talking to a lawyer. Your case also depends on what else they found,is the gun registered and if not when was it purchased and how was it purchased.

Possession of firearm in an automobile.

Under the facts presented, there could be a variety of offenses, including, possibly felony offenses, that could be charged. You should consider hiring an attorney ASAP.

Unless you are licensed to carry, a gun in a car is a crime unless you follow certain rules of packaging. He had the right to search your car if in fact he smelled weed and alcohol. No permission need at that point. If you have a felony on your record you will also be charged with felon-in-possession. That is usually a prison sentence.

When you were released from jail, you were given paperwork showing the initial charges on which you were arrested, and given a court date. Youll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. The prosecutor can amend at any time he feels he can prove additional or different charges. The charges determine how much time would be imposed if convicted. Sounds like you face concealed weapons charges, at the minimum a misdemeanor. If they found any contraband or other violations, add that in as well. When charged with any felony, you potentially face one or more years in prison if convicted; on a misdemeanor, you potentially face up to 6-12 months in jail. Multiple counts and charges multiply your problems. If you have priors and strikes, they may be penalty enhancements under the 3 Strikes rules. If this constitutes a probation or parole violation, factor those new and old charge[s] in as well. What can you do? When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. You can hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. The attorney will try to get a dismissal, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.

Possession of a weapon. A felony.

Assuming that you were not going to commit a crime and are not prohibited from having a handgun by the court (convicted of a felony etc.)you can be charged with violation of section 12025(a)(1) and/or 12025(a)(3) of the California penal code. 12025 . (a) A person is guilty of carrying a concealed firearm when he or she does any of the following: (1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person. (3) Causes to be carried concealed within any vehicle in which he or she is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.

If you are a convicted felon, you could be charged with felon in possession of a firearm which is a felony level offense. Otherwise, as long as the gun was unloaded and in a case, you can transport a firearm in your car. It's best to transport it cased and in the trunk.

You do not state your age: if you're under 21, you may be charged with: Minor in possession, possession of marijuana, physical control, possession of a deadly weapon (if you do not have a license to possess a gun); if the gun happens to be stolen: possession of stolen property. If you are over 21, then you would not be charged with "minor in possession". The other potential charges would be the same. You also do not say whether or not you are on probation, and if so, whether the terms of probation might be impacted by drug possession, alcohol possession and consumption, possession of a firearm. If so you could be dealing with a host of other problems. Consult with an attorney.

If you were arrested he should have given you a complaint. The bail form will also tell you the charges. The stop and search may be illegal and an experienced defense lawyer should be able to evaluate your case if all the facts are known.

You were likely charged with unlawfully carrying a weapon, a class a misdemeanor that carries up to a year in county jail and a $4000 fine. You should contact a lawyer right away because there are new developments in this area of the law that may give rise to a viable defense.

You'll probably be charged with carrying a concealed weapon. However, you need to wait until your court date to see if you're charged at all. The DA has between the time of your arrest and the arraignment date to decide whether to issue the case. If the search was truly a bad one, the case may not be issued. Good luck.

If you look at the citation the officer gave you it will state what you were charged with.

From the facts you sett forth it sounds like you my be charged with criminal possession of a weapon, among other charges.

More information would be necessary. You can be charged for having an unregistered weapon or for improperly transporting a weapon. WIthout additional details, it is impossible to respond.

If you did not have a permit for the gun (I'm assuming it was a hand gun) you could possibly be charged with illegal possession of a firearm. You need to hire a good lawyer though because based on the facts you present there could be a serious Fourth Amendment violation. The Supreme Court drastically curtailed the auto mobile search exception in Arizona v. Gant in 2009. Once a detainee is secure the police need a warrant to search a car if the driver denies the search.

Possession of a handgun is a second degree offense in New Jersey, punishable by up to ten years in prison, with the presumption of imprisonment upon conviction. It sounds as if you statement was involuntary and could be suppressed before trial leading to the dismissal of your charges.

There is a PA illegal possession of a handgun charge.

If the firearm was concealed and within your reach, you could be charged with unlawful possession of a weapon. If you have any felony convictions, you could also be charged with felon in possession of a firearm. The latter is a felony, the former is a misdemeanor.

Unless you have a valid Massachusetts license to carry (LTC), you will likely be charged with unlawful possession of a firearm. The mere smell of marijuana in and of itself does not give rise to probable cause to search the car. There is also an argument that the smell of the alcohol similarly did not give rise to probable cause to search the vehicle. You should retain an experienced criminal defense attorney immediately. One of the things he could do for you would be to file a motion to suppress the evidence on these and possibly other grounds.

This sounds like you will be charged with carrying a concealed firearm. If it was loaded, you are looking at felony charges.

Depending on where the pistol was (locked or unlocked compartment), loaded or unloaded and whether you had a CCP, you could be charged with a misdemeanor of Carrying a Firearm in a Vehicle. With a Concealed Carry Permit you can have the loaded pistol on your person or in the vehicle if you are also present. Otherwise, it is illegal to have the loaded pistol in the vehicle.

Criminal possession of a weapon... Get an attorney right away, you may have some reasonable defenses based on the search. New York is treating gun possession charges very seriously.

You will get the charges on the criminal complaint but it sounds as if there will be at least 2 gun charges Sections 6106 and 6108 (assuming you did not have a license). If you were a prior convicted felon, you will also get charged with 6105. If he found marijuana, you will get charged with that too. Hire an experienced criminal defense attorney as you may have a good motion to suppress.

Assuming you have no prior record, the gun is yours and registered to you, you're looking at either a misdemeanor 12025 of the Penal Code if it was concealed and/or 1203 if it was loaded. If you have prior convictions that disqualify you from having the firearm (felony convictions or other disqualifying misdemeanors), then you could be facing felony charges. Similarly, if the gun is not registered to you, etc. it could be felony charges.

We recommend you hire a criminal defense attorney ASAP. Based upon the limited facts, it is difficult here to guess wha you might be charged with, but you need to consult with a lawyer soon! Good luck!

Felony gun possession. Retain a criminal defense attorney as its very serious.