If you've been arrested for domestic violence and you're a firearm owner, one of the common restrictions that you may face is having to surrender your firearms. Even if you didn't use or threaten to use one of your guns during the alleged incident, the judge will not want you to have access to these weapons during this contentious time. You may ask your criminal defense lawyer to fight against this restriction on your behalf, but he or she may suggest that compliance is your best option for now. Failing to comply with this order by keeping one or more firearms can leave you in more trouble, but one of these defenses might be applicable in your case.
You Were Unaware Of A Firearm's Location
If you own a lot of firearms, it's possible that you might not always have a clear idea of where they all are. This may especially be possible if you're upset about the arrest and your mind is preoccupied with the legal case ahead of you. For example, you might keep most of your firearms in your home, but have a few in a hunt camp that you co-own with a couple of friends. If your spouse has notified the police that you failed to surrender the firearms at the hunt camp, your defense that you forgot about their presence may work.
You Couldn't Access Them All
In some rare instances, it may be possible that you were unable to surrender one or more of your firearms because you didn't have access to them. For example, if you have a few hunting rifles in an old safe that no longer opens, having a locksmith visit your home and open the safe may be something that is on your to-do list. It's possible that you failed to book this appointment when you were ordered to surrender your firearms, though, and this could leave you in legal trouble. Your defense in this case could be that you couldn't physically get your hands on the firearms to surrender them.
Some Were Unusable
Some firearm owners who customize and otherwise work on their guns often have one or more weapons in a state of disrepair. For example, you might have a rifle that you've completely taken apart for a customization process such as changing the barrel or refinishing the stock. You may have misunderstood that you didn't need to surrender these parts because they were loose, rather than together to form an actual firearm. This may work as a defense to discuss with your criminal defense attorney.Share
11 July 2019
After my mom turned 68 years old, she started doing all kinds of strange things. She spent her monthly retirement checks on excessive amounts of food and clothing but didn't pay her rent or bills on time. At one point, she forgot who I was to her. Since my mom lived alone at an independent apartment complex, I couldn't monitor her behavior every second of the day. I brought these things to my mom's attention, but she refused to get medical help. After my mother called the fire department to report a fake fire, I took legal action. I contacted a general attorney and became my mother's power of attorney. I now had the right to monitor my mom's finances and medical care. If your loved one needs help, read my blog for information on general attorneys. You'll find tips, articles and much more to help you get started.