Are you facing charges of violating state gun laws, being a felon in possession of a firearm, or any other state or federal gun charges? If so, you need a skilled criminal defense attorney to help during this critical time.
Your situation may be more hopeful than you think. Several cases before the United States Supreme Court have questioned the constitutionality of certain gun laws. These cases may provide an argument to defend you or your loved one against gun charges.
The Impact of Recent Cases
One of the most significant recent gun rights cases to come before the United States Supreme Court was New York State Rifle & Pistol Ass’n, Inc. v. Bruen.
In a 6-3 decision, the Supreme Court found that judges must consider whether any gun law is consistent with the “Nation’s historical tradition of firearm regulation.” This ruling creates a new legal test that provides opportunities for defense attorneys to challenge gun laws and gun charges in court.
In United States v. Avila, the U.S. Fifth Circuit Court of Appeals declined to review the case according to the so-called Bruen test, finding no “plain error” in the law as written. This case illustrates the changing landscape concerning gun laws, as well as the important role that skilled legal representation can play when defending against gun-related charges.
U.S. v. Rahimi, which is in front of the Supreme Court now, addresses the constitutionality of domestic violence restraining orders. Can the law prohibit firearm possession by a person subject to a restraining order, or does such a law violate the Second Amendment to the U.S. Constitution? The Court has yet to decide on this case.
United States v. Perez-Gallan is a similar case. Defendant Perez-Gallan was found with a firearm at a border checkpoint in Texas while subject to a restraining order in violation of federal law. U.S. District Judge David Counts applied the Bruen test and found the law unconstitutional.
Another gun rights case in front of the Supreme Court addresses the question of bump stocks, devices used to convert an ordinary rifle into one capable of firing multiple shots with a single trigger pull. At issue in Garland v. Cargill is whether a bump stock device is a machine gun according to federal law.
Garland v. Range will address whether a person convicted of a crime punishable by more than one year in prison can be prohibited from possessing a firearm.
These cases illustrate the potential legal issues that our nation’s highest court is currently considering. The Bruen holding has already resulted in several defendants having criminal charges against them dismissed, as the underlying criminal statutes were found by the courts to be unconstitutional in light of the new historical tradition test. Depending on the circumstances of your case, it may be possible to argue that these other cases provide the legal precedent to have your charges dismissed, too.
How an Experienced Gun Crimes Lawyer Can Help
Are you facing gun-related criminal charges at the state or federal level? Broden & Mickelsen, LLP can help you fight back. Our firm has 60 years of combined experience, including experience defending clients charged with a wide range of firearm offenses. Our attorneys are deeply knowledgeable about federal and state gun laws. We are prepared to vigorously defend your rights.
The underlying statute on which the prosecution rests may not be constitutional based on recent Supreme Court cases such as Bruen. We can use this to try to get the charges against you dismissed or to win your case on appeal.
Contact Broden & Mickelsen, LLP today for a free consultation to review your case.
