Federal Charges

Federal gun charges often carry severe penalties, including mandatory minimum sentences in certain cases. If you’re charged under federal law, the nature of the crime will largely dictate the penalties.

• For example, a federal charge of “felon in possession of a firearm” can lead to up to 10 years in prison, but under certain conditions (such as prior convictions), the sentence could be even longer.
• Federal charges related to using a firearm in connection with drug trafficking or a violent crime carry mandatory minimum sentences of five years to life, depending on the circumstances.
• Federal law also restricts certain individuals, such as those with restraining orders or felony convictions, from possessing firearms, and violations can result in hefty fines and long prison terms.
• In addition to prison time, federal convictions often come with severe fines, typically ranging from several thousand dollars to hundreds of thousands, depending on the nature of the crime.

Federal gun crimes can also lead to a permanent loss of gun ownership rights, meaning you may be barred from possessing firearms for the rest of your life.

Federal convictions also carry long-term consequences, including restrictions on travel, employment, and access to professional licenses.

State-Level Charges in Hawai`i

Hawai`i has some of the strictest gun laws in the nation, and state-level penalties for gun charges can also be severe.

• For example, if you’re found in possession of an unregistered deadly weapon, you may face misdemeanor charges that carry penalties including up to one year in jail and fines of up to $2,000.
• For more serious offenses, such as carrying a concealed weapon without a permit, you could face felony charges, leading to longer jail sentences, ranging from five to ten years, and fines that can reach $10,000 or more.
• Hawai’i state law also heavily regulates where firearms can be carried and used. Possession of a firearm in prohibited areas like schools or government buildings can result in additional criminal charges.

Furthermore, if you’re convicted of a felony gun offense in Hawai`i, you could lose your right to own firearms, possibly permanently. In some cases, gun-related charges may be enhanced if they are connected to other crimes, such as drug trafficking or violent acts, leading to longer sentences and higher fines.

In both federal and state cases, the penalties for gun crimes can be life-altering. It’s crucial to work with an attorney who can assess your case and help mitigate the risks you face.

At the Law Office of Caroline M. Elliot, we focus on creating a defense strategy that addresses the specifics of your charge and works toward minimizing the penalties you might face.

Contact us for a FREE consultation to discuss the details of your case.

Federal Charges

Challenging evidence in a federal gun charge case requires a detailed and thorough approach.

The first step is reviewing the circumstances surrounding the search, seizure, and arrest to ensure that law enforcement followed proper procedures.

• Under the Fourth Amendment, you are protected against unreasonable searches and seizures, meaning the government must have probable cause or a valid search warrant to search your property or vehicle.
• If the firearm was discovered during an unlawful search, your attorney can file a motion to suppress the evidence, which could lead to the dismissal of the charges.

Another avenue of defense in federal gun cases involves questioning the chain of custody of the firearm.

• Law enforcement must demonstrate that the weapon was properly handled from the moment it was seized to the time it was introduced as evidence.
• If there are any breaks in the chain of custody, the evidence may be considered unreliable and excluded from the case.

In cases where you are charged as a “felon in possession of a firearm,” your attorney may challenge whether the prior conviction truly bars you from gun ownership or if there were errors in your prior conviction that could be addressed.

It’s also important to examine the circumstances surrounding any statements made during your arrest.

• If you were not properly advised of your Miranda rights, or if law enforcement coerced you into making incriminating statements, those statements may be inadmissible in court.

Federal charges are often based on intricate investigations, and any errors or violations of your constitutional rights could provide strong grounds to challenge the evidence.

State-Level Charges in Hawai`i

For state-level gun charges in Hawai`i, the defense strategy also begins with examining whether law enforcement followed proper search and seizure protocols.

Hawai’i has strict rules about where and how guns can be possessed.

• Improper searches can result in unlawfully obtained evidence from vehicles, homes, and personal property.
• If the police conducted a search without a valid warrant or probable cause, your attorney can argue that the evidence, such as the firearm, should be excluded.

Hawai`i’s gun laws are complex, and individuals may accidentally violate them without knowing.

• For instance, if you’re charged with possession of an unregistered firearm, your attorney may challenge the claim that the gun was actually in your possession or argue that you were unaware of its presence.
• Another common challenge involves cases where the firearm was not in plain sight, such as in a locked compartment, and the question of whether you were in “control” of the gun becomes central to the defense.

Additionally, if the firearm was discovered in a situation involving a traffic stop with law enforcement officers, your attorney will examine whether the stop itself was lawful.

• Unjustified stops or prolonged detentions without cause can lead to the suppression of evidence.
• Your statements during an arrest for weapons charges are scrutinized. If you were not properly informed of your rights, your attorney could argue that any incriminating statements should be thrown out.

At the Law Office of Caroline M. Elliot, we focus on every aspect of your case to find weaknesses in the prosecution’s evidence or errors in the arrest procedure.

By challenging how the firearm was discovered, handled, or presented, we aim to build a defense that protects your rights and fights for a favorable outcome.

Contact us today for a free consultation to discuss the specifics of your case with an experienced criminal defense attorney and how we can challenge the evidence.

Federal Charges

In federal cases, the right to own or carry firearms is often permanently affected by a conviction. Under federal law, certain individuals are prohibited from possessing firearms, and a conviction can result in the loss of your gun rights.

Federal law also restricts gun ownership for individuals:

• With restraining orders related to domestic violence
• Convicted of drug offenses
• Found to be mentally incompetent

If you are charged with a federal gun crime, such as being a felon in possession of a firearm or using a gun in connection with drug trafficking, the consequences can be severe. These charges not only carry prison time but often come with automatic, long-term restrictions on your right to possess firearms.

However, there may be legal avenues to restore your gun rights after a federal conviction, though they are difficult to pursue. A presidential pardon is one of the only ways to have your federal gun rights restored, but it is rare and involves a lengthy and complex application process.

It’s important to consult with an attorney who understands the federal legal system to explore your options if restoration of rights is important to you.

State-Level Charges in Hawai`i

Hawai`i has some of the strictest state gun laws in the country, and a conviction for a gun-related crime can significantly impact your right to own or carry firearms.

Under Hawai`i state law, individuals convicted of certain crimes, particularly felonies, lose their right to possess firearms.

• For example, if you’re convicted of a felony in Hawai`i, such as illegal possession of a firearm or carrying a concealed weapon without a permit, your gun rights will likely be revoked. In many cases, this revocation is permanent.

Hawai`i also imposes firearm restrictions on individuals with certain misdemeanor convictions, particularly those involving domestic violence. A conviction for any misdemeanor related to domestic abuse may result in the loss of your right to possess firearms, even if the conviction does not carry severe penalties.

In addition, if you are found to have violated Hawai`i’s “red flag” laws, which allow family members or law enforcement to petition for the removal of firearms from individuals deemed dangerous, your right to own firearms may be temporarily or permanently restricted.

Restoring gun rights after a state-level conviction in Hawai’i is extremely challenging. The state does not have a formal process for reinstating gun rights after a felony conviction, making it very difficult to regain those rights.

However, depending on the circumstances, there may be ways to petition the court for relief or seek a governor’s pardon, though these are rare and require substantial legal work.

At the Law Office of Caroline M. Elliot, we understand how important your right to own firearms is, and we work tirelessly to protect that right when you’re facing federal or state charges. Whether you’re concerned about losing your rights or looking to explore ways to restore them after a conviction, we’re here to help.

Contact us for a free consultation to discuss the impact of your case on your gun ownership rights and what options may be available to you.

Federal Charges

Federal gun charges typically involve violations of federal laws, such as the Gun Control Act of 1968, the Brady Handgun Violence Prevention Act, and others.

Federal gun laws are generally concerned with firearms crossing state lines, the involvement of firearms in drug trafficking or violent crimes, or possession of firearms by individuals who are legally prohibited from owning them.

Common federal charges include:

• Possession of a firearm by a felon
• Using a firearm in connection with a drug crime
• Trafficking firearms across state or international borders
• Violating federal background check requirements when purchasing a gun

Federal charges often come with harsher penalties than state-level charges, and they are prosecuted by U.S. attorneys in federal court.

One important aspect of federal gun laws is the inclusion of mandatory minimum sentences for certain offenses, such as using a firearm in connection with drug trafficking or during a violent crime.

• For example, a weapons charges conviction for using a firearm in furtherance of drug trafficking or violent crime carries a mandatory minimum sentence of five years in federal prison, which is added on top of any other penalties for the underlying crime.

Federal laws also apply to individuals who are already prohibited from owning or carrying firearms, such as convicted felons, people with certain mental health issues, individuals with restraining orders related to domestic violence, and people convicted of misdemeanor domestic violence offenses.

These laws are more restrictive and broad-reaching than state laws, meaning that even minor infractions can lead to serious federal charges.

If you are charged under federal law, it means that the offense likely involved some aspect that crossed state lines or involved violations of federal statutes, such as transporting a firearm across state borders or being involved in illegal firearm sales.

State-Level Charges in Hawai`i

State gun charges in Hawai’i focus on violations of Hawai’i’s strict firearm regulations. Hawai’i has its own set of gun laws, which differ significantly from federal laws.

These state laws cover everything from how firearms are registered, to where and when you are allowed to carry a firearm, to specific prohibitions on carrying firearms in sensitive areas like schools, government buildings, and public parks.

In Hawai`i, common state gun charges include:

• Illegal possession of an unregistered firearm
• Carrying a concealed firearm without a license
• Possession of firearms in restricted areas

The state also imposes restrictions on the ownership of certain types of firearms, including assault rifles and firearms with specific features that are illegal under Hawai’i law but may be allowed under federal law. Violating these state regulations can lead to significant penalties, including jail time, hefty fines, and the permanent loss of gun ownership rights.

Unlike federal charges, state-level gun charges in Hawai’i are prosecuted in state court, and the penalties can vary widely depending on the severity of the offense.

While Hawai’i’s penalties for gun-related crimes can be strict, they are often more flexible than federal penalties.

• For example, misdemeanor gun charges, such as failing to properly register a firearm, might result in a lighter sentence, such as probation, fines, or a shorter jail term.
• However, felony charges, such as carrying a concealed firearm without a license, can lead to much more serious consequences, including long prison terms and permanent loss of gun rights.

Which laws apply to your case depends on the specific circumstances of the alleged offense.

• If your case involves crossing state lines, using a firearm in connection with a federal crime, or violating federal gun laws, you may face federal charges.
• If the offense occurred strictly within Hawai’i’s jurisdiction and violated state gun laws, then state charges will likely apply.
• In some cases, both federal and state charges can be brought simultaneously, leading to a more complex legal situation.

It’s crucial to work with an attorney who understands both federal and state laws to build a defense that addresses all potential legal issues. At the Law Office of Caroline M. Elliot, we have experience handling both federal and state gun charges.

Whether your case involves Hawai’i’s strict gun laws or federal statutes, we can provide the guidance and defense strategy you need. Contact us for a free consultation to discuss your case and which laws may apply to your situation.

Federal Charges

Reducing or dismissing federal gun charges requires a thorough analysis of the case, including:

• Evidence
• Circumstances of the arrest
• Whether your constitutional rights were upheld

The first step your attorney will take is to examine whether law enforcement followed proper procedures during the search and seizure of the firearm. Federal gun charges are often based on evidence gathered during searches.

• If the police violated your Fourth Amendment rights by conducting an illegal search without a warrant or probable cause, your attorney can file a motion to suppress the evidence.
• If the firearm was obtained unlawfully, the court may dismiss the charges, as the prosecution would lack the necessary evidence to proceed.

Another key step is questioning whether you were properly informed of your rights during the arrest.

• If law enforcement failed to read your Miranda rights or coerced you into making self-incriminating statements, those statements may be inadmissible in court. This can weaken the prosecution’s case, leading to reduced charges or even dismissal.

Challenging the prosecution’s evidence is another critical avenue for reducing charges. In many federal cases, the chain of custody for the firearm must be airtight.

• If there were any breaks in how the firearm was handled, it could be grounds for dismissing the evidence.

Additionally, your attorney may look at whether you were legally prohibited from possessing a firearm at the time of the offense.

• In some cases, individuals may be charged as “felons in possession” when their prior convictions do not legally disqualify them from gun ownership. If the prosecution’s case is based on incorrect information about your legal status, this can be challenged to reduce or dismiss the charges.

If dismissal is not possible, negotiating a plea deal can be an effective way to reduce the severity of the charges and penalties.

A skilled attorney can work with federal prosecutors to negotiate for lesser charges in exchange for a guilty plea or cooperation. This could result in reduced prison time, lower fines, or the possibility of probation instead of incarceration.

State-Level Charges in Hawai`i

For state-level gun charges in Hawai`i, the defense strategy also begins with examining whether law enforcement followed proper protocols during the search, seizure, and arrest.

If the firearm was found as a result of an unlawful search or if your rights were violated during the arrest, your attorney can file a motion to suppress the evidence, which may lead to the charges being dismissed.

Hawai`i has stringent laws about where firearms can be carried and how they must be registered, so mistakes in police procedure can be a key element in reducing or dismissing charges.

Your attorney may also challenge the specifics of the charges.

• For example, if you are charged with possessing an unregistered firearm, but you were in the process of registering the weapon or were unaware that the firearm required registration, this can be used as a defense to reduce the severity of the charge.
• Similarly, if you were charged with carrying a concealed weapon without a permit, but you were legally transporting the firearm under Hawai’i’s transportation laws, this can provide grounds for reducing or dismissing the charge.

In some cases, proving that you were unaware of the firearm’s presence can also be a defense.

• For example, if the gun was found in a vehicle or home where multiple people had access, your attorney may argue that the firearm did not belong to you and that you had no knowledge of its presence.
• Lack of intent to possess the firearm can be a valid defense to challenge the charges.

If the evidence against you is strong and dismissal is unlikely, your attorney may negotiate with state prosecutors to reduce the charges. Plea deals are common in state-level cases and can result in lesser charges, such as pleading to a misdemeanor instead of a felony, which can significantly reduce the penalties. This could mean the difference between facing prison time or receiving probation, lower fines, or even community service.

Additionally, reducing a felony charge to a misdemeanor can help preserve your gun ownership rights in the future.

At the Law Office of Caroline M. Elliot, we use every legal tool available to challenge the charges you’re facing. Whether it’s through motions to suppress evidence, questioning the legality of your arrest, or negotiating for reduced charges, we work hard to protect your rights and achieve the best possible outcome for your case.

Contact us today for a free consultation to discuss how we can help reduce or dismiss the charges against you.