Law Offices of Jess C. Bedore III - Certified Specialist in Criminal Law
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California man may be reviewing the Constitution after arrest

For most Americans, it is not a crime to own a firearm. In fact, the "right to bear arms" is one of the most identifiable, easily delineated rights in the United States Constitution. However, over a couple hundred years of evolving gun control legislation, the right to possess or own a gun has been curtailed and whittled down to the point where there is in fact a large percentage of the population who are prohibited from doing so. And there are even certain guns which by their very nature alone are illegal in and of themselves. That is why when a California resident is arrested for a weapons charge, the first part of a criminal defense strategy would most likely be to determine whether there is any legal reason why the individual was not allowed to own or possess the firearms.

That is likely to be the process playing out right now for one 49-year-old man, who was recently booked into the Sacramento County jail on a variety of weapons charges. Authorities conducted a search of the man's residence, apparently under belief that he was involved with an extremist group and was supplying or selling firearms to those individuals. Inside the home, the reports indicate that 13 firearms were discovered, including assault weapons. Authorities also claim to have found over 20,000 rounds of ammunition.

The police must have conducted a thorough investigation before proceeding to this man's home. A search warrant was used, but just because the man was alleged to be in possession of firearms does not necessarily mean he was doing anything wrong.

In this case, there may be ample room in which the defense strategy can operate. If the man had any constitutional basis for legally possessing the firearms in question, those rights should be asserted forcefully.

Source: crimevoice.com, "Weapons Seized, Man Arrested," Corrie Pelc, Dec. 6, 2012

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