What happens if you get caught with a gun for the first time and don’t have a criminal record? 9 Answers as of February 20, 2012

Need more info: Did the gun fall out of your pocket? Did the cops find it on you after they had probabe cause to search you? Or did you commit a crime like telling your old lady you were going to blow her brains out if she opened her stupid mouth one more time. (that's a crime - a rather serious one in CA)

There is not enough information here to adequately answer your question. What are your charges and/or enhancements? What type of gun? Were caught with the gun in a car, in your waistband, or in you house? Felony or misdemeanor? Typically, though, with a clean record and a simple possession charge only with no aggravating facts (such as, this is a gang related incident), you are probably looking at probation with some form of custody/electronic monitoring. If you plead to a felony you will never be able to own or possess a gun again under federal law.

It's really hard to say without knowing more about the facts and circumstances involved, the court and county in which your case is being prosecuted and additional information about you. The fact that you do not have any record is a good thing that should work in your favor. That said, gun charges are serious offenses. Your best option, if you haven't done so already, is to immediately hire an experienced criminal defense attorney to represent you.

There are a few different sections you could be charged with, depending on the circumstances and facts. If it was your gun and you were caught carrying it concealed, it's a misdemeanor unless you fall into a few exceptions (you're not the registered owner, it's not in your lawful possession, you're a gang member or it's a stolen gun). If the gun was loaded, it's also a misdemeanor unless you fall into those categories. If they think you were armed with the gun and had the intent to commit a felony, that can be a separate crime. Use of the firearm during the commission of certain offenses can add 10 years. See? It really depends on the facts. Bottom line - you need a good criminal defense attorney.

Not having a criminal record is always helpful in plea negotiations. It is particular helpful the older the defendant is (35 vs. 19 for instance). Be sure to hire an attorney or ask for a court appointed attorney to be able to negotiate.

It really depends on what you were doing with the gun when you were caught. Assuming you just had an unlicensed gun on you, and were not involved in any other crime, and are not a member of a gang, then you are looking at up to 1 year in jail and up to $1000 fines. With a good attorney, you can get the charge knocked down to probation if convicted, as you stated you have no prior record.

In large part, depends on the circumstances leading to the discovery of the gun. Depends on whether or not its discovery was lawful.

You get a felony conviction for unlawful use of a weapon in most cases.

Just because you are arrested doesn't necessarily mean you will be charged. The police forward their report with a recommendation to the DA who decides whether to issue the case. If it is issued, you can be charged with possession of the gun. Since you have no record there is a good chance that an attorney can get the charge reduced to something less and that you can avoid jail time.