How to Avoid a Weapons Charge
Our country’s laws might be a bit simpler to navigate if they were more concise and direct. For example, if entire classes of weapons were banned, even if you’re against this premise from a political perspective, it would lead to far greater certainty in our justice system.
As it stands, weapons laws currently on the books are exceptionally complicated at practically all levels. Lay people can understand many of these laws as written, but because of how these laws interact with each other and because they’re always changing, it’s hard even for experts to always have a solid understanding of what the legal landscape is in this area.
Why are weapons laws so incredibly complicated? And what strategies can you employ to avoid potential charges?
The Complications of Weapons Laws
Lawyers who specialize in weapons laws typically have many years of direct experience – and even they may not know all the nuances of weapons laws in their area off the top of their heads. Still, they have a good understanding of the fundamental frameworks in play, and they’re much more likely than a layperson to be familiar with the latest changes. Accordingly, you should always consult with a lawyer if you have any questions or concerns about weapons laws.
The laws themselves are complicated for a variety of reasons.
· The Second Amendment. In our justice system, the Constitution has priority over all other forms of authority. Our Constitution also has the Second Amendment, which guarantees the protection of our right to bear arms. This protection hypothetically takes priority over all other forms of statutory or common law authority, but there are many different interpretations of what exactly it means, especially with modern weaponry.
· Cultural perspectives. Various cultural perspectives also shape weapons laws, and these manifest differently in different regions throughout the United States. Although laws aren’t always purely reflective of cultural values and norms, there is an important relationship here.
· State and local variations. Even if you have an understanding of weapons laws at the highest level, you probably don’t understand all the state and local variations. Things get even more complicated when you consider actions like transporting weapons across state lines when each state treats weapons a little differently.
· Political polarization and swings. As you probably know, gun laws are a politically charged issue, with Republicans and Democrats having very different perspectives on how they are handled. Because of this polarization, and because of governmental swings, new weapons legislation is always a future possibility – and you can never guarantee that a new law will last more than a few years.
· Lobbying influences. Pro- and anti-weapons groups have spent tens of millions of dollars on lobbying – and will spend even more in the future. Because there’s so much influence in this space, it’s not always easy to predict trajectories or fully understand the consequences of legislation currently enacted.
· Changing technologies. Weapons are constantly evolving, and so are the technologies that govern our acquisition and distribution of them. Accordingly, lawmakers almost necessarily must adapt to these changing circumstances with changes in the law.
· Enforcement difficulties. Weapons laws are very difficult to enforce as well, causing significant confusion and potential ambiguities in holdings. The law is complicated in part because it isn’t always consistently enforced.
How to Avoid Weapons Charges
How can you avoid weapons charges?
· Work closely with lawyers. Your best option is to work closely with lawyers who understand weapons laws. They can guide you in remaining compliant with the law and give you advice if you ever end up on the wrong side of it.
· Read up on the law. Just because you’re not a lawyer doesn’t mean you can’t understand the laws as written. Do your homework and read up on the laws, even if they don’t make full sense to you.
· Stay up to date on the news. Similarly, you should stay up to date on any news related to weapons legislation. You never know when a new law or ordinance is going to be passed.
· Remain well within your rights. When in doubt, or when facing serious ambiguity, play it safe. If you stay well within the boundaries of your historically established rights, you should have no legal issues whatsoever.
· Keep under the radar. You should also stay under the radar. In other words, don’t show off your weapons or draw attention to yourself.
· Don’t incriminate yourself. You have constitutional protections against self-incrimination. If you’re ever questioned or detained, don’t answer questions until you have a lawyer present.
Even if you’re routinely overwhelmed and confused by weapons legislation, there are many strategies you can use to avoid potential weapons charges. Remaining compliant with the law and protecting yourself from legal authorities is much easier when working with legal advisors.
