Criminal Defense Lawyers

When is it a Crime to Use a Firearm?

As criminal defense attorneys at Spodek Law Group, we understand that firearm laws can be complex and confusing. Many people wonder – when exactly is it illegal to use or possess a gun? The answer isn’t always straightforward, as there are various state and federal laws that regulate firearms. In this article, we’ll break down the key situations where using a firearm may be considered a crime.

Illegal Possession of a Firearm

One of the most common firearm-related crimes is simply possessing a gun illegally. There are several ways this can occur:

Prohibited Persons

Certain categories of people are prohibited by law from owning or possessing firearms. This includes:

• Convicted felons
• Those with domestic violence convictions
• Individuals with restraining orders against them
• Users of illegal drugs
• Those adjudicated as mentally defective
• Illegal aliens

If you fall into one of these prohibited categories and are caught with a gun, you can face serious criminal charges – even if you never fired the weapon.

Lack of Proper Licensing/Registration

Many states require gun owners to obtain licenses, permits, or register their firearms. Failing to do so can result in criminal charges for illegal possession. The specific requirements vary by state and locality.

Possession of Illegal Weapons

Certain types of firearms and accessories are outright banned or heavily restricted. This includes:

• Fully automatic weapons
• Short-barreled rifles and shotguns
• Silencers/suppressors (without proper licensing)
• “Ghost guns” without serial numbers

Possessing these prohibited items is typically a felony offense.Have you been charged with illegal firearm possession? Don’t face these serious charges alone. Contact our experienced criminal defense team at Spodek Law Group today. Call us at 212-300-5196 for a free consultation.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

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2024-03-12

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2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Brandishing a Firearm

Even if you legally own a gun, using it in a threatening manner can be considered a crime in many jurisdictions. This is often referred to as “brandishing” a firearm.Brandishing typically involves:

• Displaying a firearm in a angry or threatening manner
• Pointing a gun at someone
• Waving or exhibiting a firearm to intimidate others

The exact definition varies by state. But in general, using a gun to frighten or threaten others – even without firing it – can result in criminal charges.For example, pulling out a gun during a heated argument or road rage incident would likely be considered illegal brandishing in most states. The intent is key – if prosecutors can show you displayed the weapon to scare or intimidate someone, you may face charges.Penalties for brandishing can range from misdemeanors to felonies depending on the circumstances and jurisdiction. Possible consequences include:

• Fines
• Probation
• Jail/prison time
• Loss of gun rights

Discharge of a Firearm

Actually firing a gun – whether intentionally or accidentally – can also lead to criminal charges in certain situations:

Negligent Discharge

Accidentally firing a gun due to careless handling is often charged as “negligent discharge of a firearm.” This can apply even if no one was injured.Common examples include:

• Firing while cleaning a gun you thought was unloaded
• Accidental discharge while holstering/unholstering
• Celebratory gunfire into the air

Unlawful Discharge

Many jurisdictions prohibit firing guns within city limits or in other restricted areas. Violating these ordinances can result in criminal charges – even if you were just target practicing on your own property.

Shooting at Buildings/Vehicles

Firing at an occupied building or vehicle is typically a serious felony, even if no one was hit. The mere act of shooting at a structure where people may be present is considered extremely reckless.If you’re facing charges related to firearm discharge, time is of the essence. Contact our skilled defense attorneys at Spodek Law Group right away. We’ll review your case and fight to protect your rights. Call 212-300-5196 now.

Use of a Firearm in the Commission of a Crime

Using a gun while committing another crime will typically result in enhanced charges and penalties. This applies whether the firearm was actually fired or just displayed/possessed during the offense.Common examples include:

• Armed robbery
• Carjacking
• Home invasion
• Drug trafficking while armed

Many jurisdictions impose mandatory minimum sentences when firearms are involved in felonies. This can add years or even decades to a prison term.For instance, brandishing a firearm during a federal crime of violence carries a minimum 7-year sentence on top of the underlying offense. If the gun is discharged, that increases to a 10-year mandatory minimum.

Self-Defense and Stand Your Ground Laws

While using a firearm in genuine self-defense is generally legal, the exact standards vary significantly between jurisdictions. Some key factors courts consider:

• Was there a reasonable fear of death or great bodily harm?
• Was the use of force proportional to the threat?
• Did the defendant have a duty to retreat first? (in non-Stand Your Ground states)

Even in clear cases of self-defense, you may still face initial charges until the circumstances are fully investigated. That’s why it’s crucial to consult an attorney immediately after any self-defense shooting.Table: Self-Defense Laws by State Type

Consequences of Firearm Crimes

The penalties for gun-related offenses can be severe, often including:

• Lengthy prison sentences
• Heavy fines
• Permanent loss of gun rights
• Difficulty finding employment/housing
• Loss of voting rights (in some states)

Many firearm offenses are charged as felonies, which carry lifelong consequences even after serving a sentence.That’s why it’s absolutely critical to mount an aggressive defense against any gun charges. At Spodek Law Group, we have extensive experience handling firearm cases at both the state and federal level.Our skilled attorneys will carefully examine all evidence, challenge unlawful searches/seizures, and explore every possible defense strategy. We’ve helped many clients avoid convictions or secure reduced charges in firearm cases.Don’t risk your freedom and future by facing gun charges alone. Contact the experienced defense team at Spodek Law Group today. Call us at 212-300-5196 for a free, confidential consultation about your case.

Conclusion

Firearm laws are complex and constantly evolving. What may be legal in one state could be a serious crime in another. And even lawful gun owners can find themselves facing charges if they misuse or improperly handle their weapons.If you’re dealing with any type of firearm-related criminal charge, it’s crucial to seek experienced legal counsel immediately. At Spodek Law Group, we have a deep understanding of state and federal gun laws. We’ll fight tirelessly to protect your rights and achieve the best possible outcome in your case.Don’t wait – the sooner you contact us, the more options we’ll have to build your defense. Call our offices today at 212-300-5196 to schedule your free case evaluation. Let us put our knowledge and experience to work for you.Remember, when it comes to firearm charges, your choice of attorney can make all the difference. Trust the skilled team at Spodek Law Group to guide you through this challenging time and fight for your future.