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Facing charges for illegal possession or use of firearms can be an overwhelming experience. Understanding your legal defenses and knowing your rights can be the difference between a favorable outcome and severe consequences. The Second Amendment protects the right to bear arms, but it is not without limitations. Navigating this complex legal landscape requires knowledge and a strategic approach.
Common Legal Defenses for Firearm-Related Crimes
Various legal defenses can be used when you’re facing firearm charges. These defenses depend on the specific circumstances of the case and applicable federal and state laws.
Valid Permit or License
One straightforward defense is proving that you had a valid permit or license for possessing the firearm. Nevada law permits individuals to carry firearms under certain conditions without the need for registration. Presenting a valid license or permit can resolve charges quickly, especially if supported by records of background checks or safety course completions.
Constitutional Right
The Second Amendment provides the right to bear arms, but this right is subject to regulation. Courts, including the U.S. Supreme Court in District of Columbia v. Heller (2008), have recognized that while the amendment protects individual rights, it does not preclude longstanding prohibitions such as possession by felons or the mentally ill. If your rights under the Second Amendment were violated, this defense could be used to challenge the charges.
Entrapment
If law enforcement induced you to commit an offense that you otherwise would not have committed, entrapment can be a viable defense. This requires demonstrating that the idea and pressure to commit the act originated with law enforcement and not with you.
Self-Defense
If you possessed or used a firearm in self-defense, this could be a legitimate defense under Nevada law. The act must align with the “reasonable person” standard, which requires that an average person in the same situation would have perceived an immediate threat warranting the use of a firearm.
Challenging Search and Seizure
One powerful defense in firearm cases is challenging the legality of the search and seizure. Under the Fourth Amendment, any evidence obtained through an unreasonable search and seizure is inadmissible. Federal and Nevada state laws uphold these constitutional protections.
The U.S. Supreme Court case Mapp v. Ohio (1961) established the exclusionary rule, which prevents illegally obtained evidence from being used in court. If law enforcement conducted a search without a valid warrant, probable cause, or your consent, you might have grounds to suppress the evidence. For example, if a firearm was found in your vehicle during a stop without probable cause, your attorney could argue for its inadmissibility.
Your defense attorney will closely examine whether the warrant was properly executed and if law enforcement stayed within its scope. Overstepping these bounds could invalidate the seizure of a firearm.
Proving Lack of Knowledge
Another viable defense is demonstrating that you were unaware of the firearm’s presence. The prosecution may claim constructive possession—where you had control over the firearm without direct possession—but this often requires proof of intent. Showing credible evidence that you did not know a firearm was present can be pivotal.
Consider a scenario where you borrowed a car and were unaware of a firearm in the glove compartment. Witness testimonies or other corroborating evidence can help demonstrate this lack of knowledge. The burden may be on you to prove ignorance, but success could lead to dismissal or reduced charges.
Temporary Possession
Temporary possession, or momentary possession, can be used as a defense under certain conditions. This defense is valid if you briefly possessed the firearm to prevent harm or mitigate danger.
Justifiable Circumstances for Temporary Possession:
- Disarming a Threat: Temporarily holding a firearm to disarm someone posing an immediate threat.
- Preventative Measures: Taking a firearm from a child or incapacitated individual to prevent accidental harm.
- Exigent Circumstances: Discovering a discarded weapon and securing it until authorities arrive.
For instance, if a firearm is found in your possession after you disarm an aggressor during a physical altercation, you can argue temporary possession. Evidence such as witness statements and security footage can strengthen your claim.
Self-Defense and Justifiable Possession
Using a firearm in self-defense is protected under Nevada law, especially when “stand-your-ground” laws apply. The justification hinges on demonstrating that you had a reasonable belief of imminent danger that warranted displaying or using a firearm.
Defensive Display of a Firearm
Defensive display, such as verbally stating you have a weapon or exposing a firearm to deter an attacker, is a protected act under certain conditions. However, provocation or using a firearm during a violent crime voids this defense.
Invalidating the Arrest Procedure
If law enforcement failed to read your Miranda rights during your arrest, any statements you made could be deemed inadmissible. Failure to follow proper arrest procedures can be challenged in court, potentially leading to evidence suppression or case dismissal.
Conclusion
Facing firearm-related charges in Nevada is serious, but understanding your legal defenses can make all the difference. From challenging the search and seizure process to asserting self-defense, each case requires careful scrutiny and strategic planning. The complexities of firearm laws mean that having skilled legal representation is essential.
If you are facing firearm charges, The Defense Firm is here to help. Call today for a free consultation to discuss your case, explore your options, and take the first step toward protecting your rights and future.