Possession of illegal firearm

[Steph830]

What is the name of your state (only U.S. law)? Delaware
Hello my family member's friend has been found with an illegal firearm. He is accusing my family member of giving him the gun. What kind of penalties is he looking at in DE?Theres a warrant for him for possession of firearm and he has been asked to come in. Do you guys have any advice ?

 

[FlyingRon]

Obviously, he needs an attorney. You don't indicate the exact statute violated, but I can almost guess it is one of the felonies, likely a class E, good for five years in prison. It's also possible he's facing federal charges.

 

[Just Blue]

What is the name of your state (only U.S. law)? Delaware
Hello my family member's friend has been found with an illegal firearm. He is accusing my family member of giving him the gun. What kind of penalties is he looking at in DE?Theres a warrant for him for possession of firearm and he has been asked to come in. Do you guys have any advice ?

Advice? Yes. Family member should hire an attorney and give you a smack off-side the head for posting his criminal issues on the net.

 

[adjusterjack]

What is the name of your state (only U.S. law)? Delaware
Hello my family member's friend has been found with an illegal firearm. He is accusing my family member of giving him the gun. What kind of penalties is he looking at in DE?

He? Meaning your family member?

Theres a warrant for him for possession of firearm and he has been asked to come in.

Meaning your family member?

Do you guys have any advice ?

Yes. Have your family member watch this video to find out why he should have his lawyer respond to that invitation. Meantime, he should keep his mouth shut and so should you.

https://www.youtube.com/watch?v=8GjCJ6Xqjg0

 

[Just Blue]

He? Meaning your family member?



Meaning your family member?



Yes. Have your family member watch this video to find out why he should have his lawyer respond to that invitation. Meantime, he should keep his mouth shut and so should you.

https://www.youtube.com/watch?v=8GjCJ6Xqjg0

Good advice and good link.

 

[HighwayMan]

The title of the thread should be "illegal possession of firearm", not "possession of illegal firearm".

Of course, that doesn't change the fact that the family member and the "friend" of the family member need the services of a criminal defense attorney.

 

[FlyingRon]

The title of the thread should be "illegal possession of firearm", not "possession of illegal firearm".

Of course, that doesn't change the fact that the family member and the "friend" of the family member need the services of a criminal defense attorney.

Actually, certain "dangerous weapons" such as "firearm silencer, sawed-off shotgun, machine gun or any other firearm or weapon which is adaptable for use as a machine gun" are indeed possession of illegal firearm (the class E felony I mentioned in my prior post). This is distinct from illegal possession (for example, by a prohibited person) of an otherwise legal firearm.

But either way the advice is same. Keep your mouth shut and get an attorney.

 

[Steph830]

But he is saying it was not his and he only held it. I don't get how they have a warrant for possession of firearm if they never actually caught him with it. Only his friend got caught who is now blaming him.

 

[FlyingRon]

But he is saying it was not his and he only held it. I don't get how they have a warrant for possession of firearm if they never actually caught him with it. Only his friend got caught who is now blaming him.

Possession need not imply ownership. Having constructive access to it (such as holding it) is possession. The police themselves don't have to have seen him with the rifle. The testimony of others or photos is sufficient for charging (and conviction). He very much needs an attorney. If he is indigent, he should ask for a public defende.r