Although local statutes vary on prohibited weapons, they have some common characteristics. You must have a permit to carry a concealed handgun. To attain conviction for having a concealed firearm, the prosecutor must prove these characteristics beyond any reasonable doubt. The characteristics include the following.
A carried weapon refers to that one you move around with. For example, carrying a knife with you may constitute having a weapon. This is because as you walk, the weapon will be with you. A carried weapon may also mean having it hidden below your car seat as you drive; it’s within your control or reach, or even as you sleep, it’s in your jacket.
It might not be enough to get sentenced for having a concealed weapon just by carrying a weapon. The prosecuting attorney has to sustain the “concealed” part. Concealed means the people can’t view your weapon if they happen to come across you in the streets. Having a partially concealed weapon, or hidden from a certain angle, is generally not adequate to convict someone for having a concealed weapon. However, it is good to note that some national laws have a different angle on this point.
Weapons Restrictions and Rights
It is a federally protected right for a person to bear and keep a weapon. Criminalizing carrying concealed weapons must take all these rights into account as they restrict the use of weapons to prevent harm. Concealed weapons laws usually have the following limits.
The laws of concealed weapons indicate the type of prohibited weapons, for example, knives, explosives, or firearms. Nonetheless, most of these acts are more specific on this point.
Although state laws forbid people from having concealed weapons, they at the same time allow for an allowance for those on personal property or business centers. Generally, the law permits you to carry a concealed weapon within your homestead or business.
Concealed Carry Laws
States have different preconditions before they permit you to obtain a concealed carry permit. The following are some of the elements considered.
Typically you must have attained the age of 18 or 21 years old as an applicant. Additionally, it would help if you were of the right mind.
As an applicant, you must be a citizen of the state you wish to apply for your permit.
You have to apply for the permit and submit your application to the resident law administration agency—together with the request fee.
The firearms training directed by a qualified instructor is a must for all applicants.
As an applicant, you must not have committed a felony or be under prosecution. Additionally, when licensed with the concealed carry permit, you must move with it every time you have your weapon.
Respondents charged with having a concealed weapon could face major consequences. A misdemeanor is an offense punishable by a jail term and by fines. Felonies, on the other hand, have long prison sentences and expensive fines. However, instead of sentencing you to jail, the judge may also sentence you to probation. With probation, it requires one to observe some specific court rules.
If you go without violating any rules, the probation period marks the end of your sentence. In case you violate any laws during probation, you may be liable to serve the original sentence.
Finally, it is essential to note that concealed carry laws vary depending on the state.