Possession of a concealed firearm or a concealed weapon is almost always treated as a serious crime, even if no other criminal offense has been committed. Where another offense has been charged – such as an assault, battery or robbery – the stakes are much higher and the potential penalties are far more serious.
For the lawyers at the Law Offices of Mark S. Guralnick, our first mission is to fight the issue of “possession.” A suspect must be in actual possession of a concealed weapon in order to violate most state statutes, and to fully analyze this question, we will reconstruct every aspect of the arrest or the crime scene and determine whether the suspect had realistic and ready physical access to the weapon in question.
The state will have a much more difficult case in trying to prove such a case when the alleged firearm was located in a car full of other occupants and not on the suspect’s person, or when the firearm was located somewhere in the suspect’s home.
We will also attack any case in which the suspect openly displayed his weapon, or was authorized and properly permitted to carry a weapon. One cannot carry a concealed weapon that’s not concealed at all.
Not all concealed weapons charges involve guns. Texas statutes, for example, define weapons as including blackjacks, nightsticks, mace, tomahawks, knives, bowie knives, switchblades, daggers, hand instruments designed to cut or stab another, knives, swords, spears, handguns, firearms, firearm silencers, machine guns, explosives, armor-piercing ammunition, hoax bombs, chemical dispensing devices, incendiary bombs, grenades, rockets, mines, knuckles, zip guns, and other devices.
In the United States, you still have the Second Amendment to the United States Constitution on your side. You have the Due Process Clauses of the 5th and 14th Amendments, and you have the constitutional right to a fair trial in the 6th Amendment.
Depending on your charges, the Law Offices of Mark S. Guralnick may be able to beat the case on your behalf.
- You were not in actual possession of the weapon in question
- The weapon in question was not a firearm, or even a weapon of any sort
- You possessed the so-called weapon for a legitimate purpose
- You were not using the weapon for any illegitimate purpose
Let us leverage our skill and expertise to assist you with your case. If you or someone you know is facing a concealed weapons charge, please call the Law Offices of Mark S. Guralnick at 1-866-337-2900 for a free case evaluation.