Firearms Defense

How We Challenge Firearms Charges

• Was the stop legal?

  Police must have a specific, articulable reason to stop you. A hunch doesn't count. If the stop was unlawful, everything that followed — including the firearm — can be suppressed.

• Was the search lawful?

  A search requires either a valid warrant or a recognized legal exception. Consent obtained under pressure, a pat-frisk that exceeded its scope, or a search without probable cause can make the evidence inadmissible.

• Did the warrant actually authorize the seizure?

  A warrant must describe with particularity what can be searched and seized. If the firearm was outside the scope of the warrant, its seizure may not have been lawful.

• Was the firearm handled properly from seizure to trial?

  If the evidence was mislabeled, transferred without documentation, or stored improperly, gaps in the chain of custody can undermine the prosecution's case.

• Does the charge meet the statutory definition?

  Chapter 269 §10 defines specific elements the prosecution must prove. We examine whether the facts actually support the charge as filed — including whether the firearm meets the legal definition under §10, §10(h), or §10G.

• Does the Armed Career Criminal enhancement legally apply?

  ACC enhancements require prior qualifying convictions. We review each prior offense to determine whether it legally supports the enhancement and the mandatory minimum it carries.