Constitutional Issues in New York Gun Cases

There are many different ways that an experienced gun lawyer could help someone facing gun charges. An attorney could negotiate a favorable deal or take the case to trial and fight by the defendant’s side throughout the process. Having an attorney who understands the elements of a gun case is essential because gun cases can be complex regarding the elements of the gun charge. Successfully arguing against the charges requires a deep understanding of gun offenses.

An accomplished lawyer will also be knowledgeable about the constitutional issues in New York gun cases. If you are facing gun charges, call today to schedule a consultation with a legal professional.

Second Amendment is Not Absolute

The Second Amendment does not give every individual blanket authority to carry any gun in any place. The Supreme Court recognized that there are limits and that both states and the Federal Government can craft its own laws regarding firearms.

For example, an individual cannot walk down the street with a bazooka and claim the Second Amendment’s right to bear arms allows them to carry heavy tank weaponry. The Supreme Court upheld the notion that the right to carry weapons is not absolute and legislation can be put in place to restrict the types of firearms people can have and where they can have them for the sake of public safety.

Fourth Amendment Rights

One of the biggest constitutional issues in New York gun cases involves the Fourth Amendment. The Fourth Amendment protects individuals from illegal searches and seizures. There are strict guidelines concerning search warrants, pat downs, and when an officer can search an individual's person, their car, or their residence.

The prevalent issue in a firearm possession charge is how the officer found the gun. The defense attorney always investigates this issue because nearly always, the defendant’s story and the officer’s story about how the gun was found is different.

How Constitutional Issues Impact a Case

When the attorney can demonstrate that a person's constitutional rights were violated, that warrants dismissal of the case. The gun would be suppressed, and no gun means no evidence to prosecute the defendant with. If the gun was recovered in violation of the Fourth Amendment right, the gun must be suppressed and the case goes away. This is why it is essential to obtain an attorney who is familiar with the constitutional issues in New York gun cases.

How an Experienced Gun Lawyer Could Help

The most important thing to look for in a criminal defense attorney is their experience. If you are facing gun charges, you will want to have a lawyer who has handled numerous gun cases and with success.

A seasoned attorney will know the laws in New York regarding what an officer is allowed to do and what they are not allowed to do. They will also have an understanding of the constitutional issues in New York gun cases that may arrive.