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DAVID CLARK
Criminal Defense Attorney

Constitutional Issues in Bucks County Gun Cases 

The most specific constitutional issues when dealing with most common gun charges in Bucks County involve reasonable suspicion and probable cause to secure searching an individual, searching a home,  searching the business from which the firearm was bought,  and establishing that such search was both constitutional and based upon probable cause. The Fourth and 14th Amendments to the United States Constitution specifically involve searching people and their homes.

Article one, section 8 of the Pennsylvania Constitution, takes a greater step in protecting an individual’s right of their person and their home. The warrant requirement comes into place, and Miranda comes into play when dealing with statements and possession in constitutional issues in Bucks County gun cases. Get in touch with an experienced gun attorney to better understand these issues in your particular case.

Second Amendment

The Second Amendment, the right to bear arms, is an important factor in constitutional issues in Bucks County gun cases. The Second Amendment protects the person’s right to have a firearm, but the firearm must still be legal and the person having such firearm must follow the rules or legal requirements to have such a firearm. However, states and the federal government have put some limitation on specific individuals who do not have a right to have such firearms, including:

  • Convicted felons
  • Individuals with mental health issues
  • Individuals with drug or alcohol problems
  • Individuals that are otherwise prohibited from having firearms

In domestic violence cases and particular child-rearing cases, firearms are immediately extracted from a person’s home. Protection from lawyers prevents them from being returned prior to the resolution of a specific case in court.

More Information on Constitutional Issues

The Second Amendment only gives a person a firearm lawfully within the United States. It does not give a person a right to carry or conceal it or fire it arbitrarily. However, defenses do come into play when determining whether or not a person should be convicted or acquitted for other gun charges regardless of the Second Amendment. Should a person be using a gun in self-defense or appropriately in defense of others, the person should not be prosecuted for possession of that firearm.

Should the person actually not possesses the firearm or the firearm is in a person’s home or business area then the Second Amendment does come into play. Pennsylvania statutes can work around that in order to protect the person’s right to have such firearm. As long as the person is eligible to have a firearm, has purchased it or inherited it legally, and the gun is registered to the person, a person has a right to the firearm without a license to carry.

Hire an Attorney

It is important to research a gun lawyer’s experience before locating an attorney. In particular, a Bucks County gun lawyer will be able to effectively explain the case to their client and possible ramifications and or defenses to such gun charges. It will be the most helpful to a person if they asked relevant questions and was as honest as possible.

Questioning their attorney and obtaining advice ensures the person’s comfort level with their lawyer. A person should try to seek an attorney who is capable and knowledgeable in constitutional issues in Bucks County gun cases.