Can he get jail time for carring a hand gun??

ok so my cousin has his gun license and he had the gun registered under his name. He has never been in trouble with the law. Well he had went to the shooting rang and shot some rounds there. then he put the gun in his car and came to my house because we were gonna have a birthday party. well he is in his car and the cops show up with guns and everything. they arrest him and he gets a ticket. so now they let him go after like 2 hours, when he goes to court should we fear? should we get a laywer? on the ticket its listed as a misdemeanor. help?
Additional Details
we live in californian. and i think he took it off his car to but it in the case and in the trunk and someone called the cops because they said they recievd a call that someone had a gun.. he is not a gangster.. he is a hard worker with 2 lil girls..

Pauly

The gun has to be properly stored. You have to unload it and keep it in the trunk. You cant carry a loaded weapon that's illegal!

Diana B

That stuff about him not being a "gangster" but a nice guy isn't really relevant - there is no crime against being unlikeable. Any question about criminal liability must be limited to the facts of the case and the relevant law.

It seems that he was charged with possessing the weapon, but if so, what happened when your cousing told this to the officers? Is gun license issued on a card like a driver's license? It's probably like insurance - people get stopped and have to show the officer their insurance card. and when they can't, they're told to plead not guilty on the ticket w/a copy of the insurance, card - I guess you should be able to do that as well in this case, if possession of an unlicensed/unregistered weapon is the charge against your cousin.

However, it's possible that this is not charge facing your cousin - even if you've got a license, you can still be cited for something related to the gun. Obviously, you're not off the hook for homicide simply because you used a licensed gun. If the gun wasn't stored correctly, or was loaded (this includes unloaded weapons in close proximity to ammo such that it could be loaded quickly), he might face reckless endangerment charges; if children were nearby, child endangerment charges, etc. You need to specify what the charge is.

A misdemeanor is a crime - he could go away for up to a year - yes, he needs a lawyer.

I'm assuming that the gun was confiscated. To prosecute a weapons case in NYS, you would need expert testimony that the gun was operable w/the bullets recovered. This basically requires a ballistics exam conducted with some of the recovered ammo (case) and some spare ammo kept around.

What kind of gun was it?

Gentle Giant

Where do you live?
The laws about carrying or even posessing handguns vary from jurisdiction to jurisdiction.
What did they charge him with?

neonlights1971

was the gun that was in his car visable to the eye???
I'd say you'd better get a lawyer to help understand the legal part of it all.. And I'd not use a public defender they work for the state and county and he could be in trouble! Did he have to pay a fine?
best of luck

KIB

I believe you are letting some information out of your story. Sounds like the shooting range was not a shooting range and someone reported him. Cops just don't show up and arrest someone because he was at a shooting range. If thats what you were told by your cousin, he is lying to you.

lillardlane@yahoo.com

It is always best to have a lawyer in court as court is so complicated.

oliver_a2002

The only "gun icense" you can get is for concealed carry.
What was he charged with when he was arrested?

If it was for possession of a firearm, then he's got it beat.

Brian D

It depends on what state he's in.

chito

Talk to the prosecutor first and see what's up ,
then talk to a lawyer ........................ask for continuation to talk to an atty.

Mr. Goodhi

Maybe,

if the gun was unloaded, in a case & in the trunk, that's legal.

Pixie

It is a misdemeanor. He'll get out of it with a warning and a ticket. Ultimately, it's usually best to go to court with a lawyer, but it's not going to be a big deal. Good luck to your cousin.

Sound The Stereo

Natalie L

yes you can.

kd8zatarrldotnet

Tell him to "keep his mouth shut!"
Never tell the police anything,
Always tell the police that you wish to consult your attorney before you talk to them.
Get the attorney involved ASAP!
Do what the attorney suggests, and fight it in court if they won't deal the charge down to a low misdemeanor as a convicted felon can't own a firearm under federal law!

I agree, it sounds like you are not telling us the complete story!

JW.C

You dont go to jail for something like that. What exactly did they arrest him for?

BERn

it is the second ammendment to possess guns. He'll win in court. Did he threaten anyone with it. He would'nt get busted for just possessing one. He is hiding something. Ask him if he took it out in public or if he pointed it at something

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