Weapons Charges Defense Attorney in Alabama
The right to keep and bear arms is a cherished constitutional right guaranteed by the Second Amendment. However, this right is not absolute. If you are being investigated for, or are facing, criminal charges involving weapons, Burnett Law Firm can help.
As a seasoned weapons charge defense attorney in Alabama, Yancey Burnett provides personalized client service and will fight to ensure your case is handled with respect and care.
Attorney Burnett represents clients across Baldwin County and Mobile County, Alabama, including Spanish Fort, Daphne, Fairhope, Foley, Gulf Shores, Bay Minette, Mobile, Prichard, Saraland, and Semmes. Reach out today to schedule a free consultation and start building your best defense.
Weapons Charges in Alabama
Alabama’s criminal law recognizes a wide range of weapons charges, many of which can result in severe and life-altering consequences, including imprisonment. Attorney Yancey Burnett at Burnett Law Firm is experienced in handling various types of weapons charges, including but not limited to:
- Unlawful possession of a firearm
- Possession of a firearm by a prohibited person (such as a convicted felon)
- Carrying a pistol without a permit (for conduct prior to permitless carry taking effect in 2023)
- Possession of a firearm in the commission of another crime
- Possession of a deadly weapon on school grounds
- Improper exhibition or discharge of a firearm
- Trafficking or sale of illegal weapons
While it is true that both the Second Amendment and Alabama’s Constitution protect the right to keep and bear arms, certain individuals are not allowed to possess firearms under federal law (18 U.S.C. § 922(g)) and Alabama law (Ala. Code § 13A-11-72). Common prohibited categories include: convicted felons; fugitives from justice; people who are unlawful users of or addicted to controlled substances; those adjudicated mentally defective or committed to a mental institution; people subject to qualifying domestic-violence protective orders; individuals convicted of misdemeanor crimes of domestic violence; certain non-citizens without lawful status; persons dishonorably discharged from the armed forces; those who have renounced U.S. citizenship; and people under indictment for a felony (receipt prohibited). Alabama specifically forbids firearm possession by people convicted of a “crime of violence,” those convicted of a misdemeanor offense of domestic violence, persons subject to certain protection orders, and anyone of unsound mind.
Facing Weapons Charges?
Alabama’s Open Carry and Concealed Carry Laws
If you own and possess firearms in Alabama, it is vital that you understand the state’s open carry and concealed carry laws:
- Concealed Carry. Alabama allows permitless concealed carry for eligible adults. You do not need a pistol permit to carry concealed in Alabama, but you must still be legally allowed to possess a firearm and you must follow location restrictions. County sheriffs still issue optional pistol permits, which can help with reciprocity when you travel to other states.
- Open Carry. Alabama is an open-carry state. In general, an eligible person may openly carry a handgun without a permit. Open carry is still subject to restrictions, including prohibitions in certain places like courthouses, police stations, secure areas of airports, K-12 school buildings, and private property where the owner forbids firearms. Private businesses and property owners may set their own rules.
- Vehicles and places you cannot carry. You may carry a handgun in your vehicle without a permit in Alabama. You may not carry in certain locations set by law or when you are otherwise prohibited from possessing a firearm. Always comply if a property owner or posted sign prohibits firearms.
If you have questions about whether you can legally carry in a specific situation, Attorney Yancey Burnett at Burnett Law Firm can review your circumstances and give clear guidance. We serve Baldwin County and Mobile County, Alabama.
Possible Penalties
Weapons charges are taken very seriously in Alabama, as shown by the severe penalties for firearm-related convictions in the state. A conviction can result in prison time, heavy fines, and a permanent criminal record, along with the loss of your right to possess firearms and lasting harm to your reputation, career, and future.
Alabama law also allows sentence enhancements when firearms are involved in other crimes. For example, under Ala. Code § 13A-5-6(a)(5), if a firearm or deadly weapon is used or attempted to be used in the commission of a Class A, B, or C felony, the court must impose additional mandatory minimum prison terms. This means penalties for weapons charges can be far harsher than for the underlying offense alone.
As an experienced criminal defense attorney in Alabama, Yancey Burnett understands the complexities of gun laws and is dedicated to providing strong, skilled representation for clients facing weapons charges. He will fight aggressively to protect your rights and work to minimize the potentially life-altering consequences of a conviction.
Defenses to Weapon Charges
When facing weapons charges, you need an experienced attorney to help you identify all available defenses in your case. In some situations, there may be grounds to dismiss the charges altogether. In others, it may be possible to reduce the charges or lessen the severity of the penalties.
Some of the possible defenses that may be available in an Alabama weapons case include:
- Illegal search and seizure: If law enforcement obtained the firearm or evidence without a valid warrant, probable cause, or another lawful basis, the evidence may be suppressed.
- Lack of knowledge: You may not have known that a firearm was in your possession, such as in a borrowed vehicle or shared residence.
- No firearm possession: The prosecution must prove actual or constructive possession. If the firearm was not under your control, the charge may not hold.
- Constitutional right to possess: If you are legally eligible to own a firearm, your possession may be protected under the Second Amendment and Alabama law.
- Invalid stop or arrest: If the traffic stop, detention, or arrest that led to the weapons charge was unlawful, the case may be challenged.
- Mistaken identity: You were not the person in possession of or using the weapon.
- Self-defense or justification: If the firearm was used in lawful self-defense under Ala. Code § 13A-3-23, this can be a complete defense.
A results-driven and knowledgeable attorney can help you explore all available defense options and work toward the best possible resolution of your case. Attorney Yancey Burnett at Burnett Law Firm has the skill and dedication to protect your rights when you are facing weapons charges in Baldwin County or Mobile County, Alabama.
Weapon Charges Defense Attorney Serving Alabama
It is critical that you take weapons charges very seriously, as they could cost you your reputation, freedom, and career. A conviction can result in imprisonment, fines, and the loss of some of your civil rights. With so much at stake, it is in your best interest to consult a knowledgeable defense attorney. Reach out to Attorney Yancey Burnett at Burnett Law Firm in Alabama to share your story in a complimentary case consultation.
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