2nd Amendment and Weapons Offenses

Weapons offenses involve the balancing of a citizen’s right to bear arms versus society’s interest in deterring violence. As such, whether a weapon, such as a gun or a knife, was illegally possessed often depends on where and how it was possessed. Additionally, all weapons crimes require the prosecution to prove that a person knowingly possessed the item involved. Examples of illegal weapons vary from guns and knives to ordinary household items with an otherwise lawful use. Weapons offenses can be charged as either felonies or misdemeanors.

Potential Penalties for Weapons Offenses
• Misdemeanor Jail Time (Up to 1 Year)
• Felony Jail Time (Up to 3 Years)
• Fine
• Informal/formal Probation
• Permanent Criminal Record

Common Defenses for Weapons Offenses
• Failure to Give Miranda Warnings
• Illegal Search or Seizure
• Location in which the Weapon is Possessed
• Lack of Knowledge
• No Personal Control or Ownership of Weapon
• Manner in which Weapon is Possessed
• Lack of Intent to Possess as a Weapon
• Self-Defense
• Necessity

Weapons San Mateo County Former Prosecutor Criminal Attorney