CONTRIBUTED CONTENT — As outlined by the Constitution, the right to possess firearms is essential for the preservation of life, liberty and property. If you’re charged with a crime, however, your gun rights may come under fire.
Schatz Anderson & Associates helps clients across Utah avoid conviction and keep their gun rights intact.
As an expert in criminal defense, attorney Jason Schatz is frequently asked by clients if they’ll lose the right to possess firearms and/or a concealed carry permit after being charged with a crime. It’s possible, he said, depending on what type of crime they’re charged with and whether they’re convicted.
Under both state and federal law, there are several ways an individual can become a restricted person banned from possessing firearms or ammunition. This includes being convicted of a felony or a crime of domestic violence, being subject to a protective order and being identified as an illegal user or possessor of a controlled substance. Anyone convicted of a drug-related offense is considered to be an illegal user or possessor of a controlled substance for at least one year from the date of conviction.
This restriction applies to all categories of firearms, including handguns, shotguns, hunting rifles and assault rifles. Simply put, any type of gun is considered prohibited.
Utah law bans the possession of a concealed carry permit by anyone convicted of a felony, a crime involving physical violence, a crime involving domestic violence, a crime of “moral turpitude” or a crime involving the use of alcohol, regardless of whether a firearm was used in the crime. If convicted, the defendant will be banned from applying for a concealed carry permit in the future and/or have their existing permit revoked.
“These restrictions generally are not applicable simply if you were charged with one of these types of crimes but do become applicable if you are convicted,” Schatz said. “In order to avoid becoming a restricted person, you either need to have the charge dismissed, or you may be able to avoid the restriction by plea bargaining the case to another charge that does not fit one of the restricted categories of crimes.”
Navigating a criminal case can be stressful and confusing for any defendant. If you’re concerned about your gun rights after being charged with a crime, don’t waste time in hiring a skilled and aggressive defense lawyer. Be sure to inform your attorney that you’re a gun owner, Schatz said.
Choosing an attorney to represent your case is one of the most important decisions you can make when facing a potential conviction. Serving communities across Utah since 2003, the criminal defense experts at Schatz Anderson & Associates are committed to helping clients fight for their rights and stay out of jail.
“An arrest is not a conviction,” Schatz said. “Don’t let it become one.”
With fully staffed offices in both Salt Lake City and St. George, Schatz Anderson & Associates have represented more than 5,000 DUI cases statewide. Although DUI defense accounts for roughly 75% of the firm’s caseload, they represent many types of criminal cases, from misdemeanors such as drug possession and domestic violence to felonies including aggravated assault, auto theft, drug distribution and robbery.
To schedule a free consultation, call 435-251-9647 or visit their website.
Written by ALEXA MORGAN for St. George News.
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