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Certain charges can cost a person their right to have a gun

On Behalf of | Oct 16, 2023 | Criminal Defense

In Idaho, people take their Second Amendment rights very seriously. Under the law, people who are at least 18, are U.S. citizens or are in the U.S. Armed Forces can carry a firearm or other weapons and do not need a license to do so.

Responsible gun ownership is a part of life in the state. However, people who are accused of certain crimes could face the prospect of losing that right. It is imperative to know how to lodge a defense to avoid these very serious consequences.

Alcohol, drugs and a concealed weapon can be problematic

When people talk about alcohol and drug-related crimes, they most frequently believe that will be connected to driving under the influence or possession of drugs. But weapons charges can overlap with alcohol and drugs even if the person was not behind the wheel. Simply carrying a concealed weapon when considered to be under the influence can result in losing a gun license.

Being intoxicated due to alcohol or drugs while carrying a concealed weapon is a misdemeanor in the state. Still, if the person pleads guilty, is found guilty or commits the act while on a university or college campus, they will face worse penalties.

Those who are former law enforcement officers and have a license to carry the firearm will lose that right. The same is true for those who have an enhanced concealed weapons permit. The enhanced permit lets the person carry a concealed weapon in Idaho as well as seven other states. The revocation of the license will last for three years and they cannot get or renew their license during that time.

Retaining gun rights may require help

In general, it is not that serious to be arrested for alcohol or drug intoxication when not behind the wheel of a motor vehicle. If the person is carry a concealed weapon at the time, it can be problematic and inhibit their gun rights.

It is wise to understand the penalties that accompany a guilty plea or a conviction and work to avoid it if possible. The person might have a case to claim they were not under the influence at the time. There could be other options that can help them to keep their concealed weapons license.

These cases can be complex and there are myriad avenues to effectively fight the charges. Forging a criminal defense is vital from the beginning and could be helpful in keeping from being severely penalized and losing a concealed weapons license.