The USA has a very specific and detailed rulebook when it comes to possessing firearms. The second amendment allows you to possess firearms as a USA citizen, but that doesn’t mean the law is lenient.
It’s not a matter of walking into a store and buying a gun. Carrying a weapon means you are held accountable for other people’s safety. Many people choose to own a gun for personal protection, and they often do their research before actually making the purchase.
However, it’s so easy to cross that fine line between legal and illegal that many break the law without even realizing it.
Firearm laws in the United States are complex and can be quite confusing, especially when you don’t understand the jargon that well.
Federal rules exist alongside state laws, and those state laws can differ dramatically from one another. What is perfectly legal in one place can be a criminal offense in another. Even within the same state, possession rules can change based on location, context or a person’s legal status at that moment.
That’s why you always need to check which rules are valid for your state. To avoid getting in trouble with the law, we’ve compiled a list of the most common mistakes that firearms owners make.
Make sure to keep reading to get well-acquainted with the regulations that often get overlooked in these situations.
What illegal firearm possession actually means
With more than 46% of civilians owning firearms in the USA, it’s necessary to distinguish between legal and illegal possession.
You might think that illegal possession is tied to owning a gun unlawfully. But there’s more to the story. Even if the gun is legally purchased, you still might be charged with illegal possession.
How so? Well, like we mentioned, the regulations are quite intricate and complex. If you carry or store the gun the wrong way, you can get in trouble.
Also, if you misplace your gun or fail to keep it safe from falling into a third person’s hands.
We’ll explain more in the next lines and we’ll mainly highlight the most common mistakes.
Mistakes to avoid
As you can see, there’s quite a complex background behind owning firearms. When buying a gun, you’re not getting a new toy to play with. You’re getting more responsibility as you have to ensure you keep the firearm from falling into the wrong hands.
Carrying without understanding permit limits
One of the most common mistakes is assuming a firearm permit gives unlimited authority to carry. In fact, those permits often come with strict conditions you have to follow.
Some allow concealed carry but not open carry. Others restrict where a firearm can be taken, such as government buildings, schools or private property with posted signage.
One of the main areas where people run into trouble is how they physically carry a firearm. The majority choose practical options like a leather shoulder holster because it feels discreet or more comfortable, especially when driving or wearing heavier clothing.
The mistake is assuming that the carry method itself is always lawful. As we said, you need to check these things. Will you get in trouble if your gun is visible or easy to reach? These are things you need to doublecheck.
Letting a license lapse without realizing the risk
Firearm licenses and permits expire. If you get a permit, it’s not forever. When they do, possession can instantly become illegal. In many states, there isn’t a short grace period as many assume.
An expired permit is often treated the same as no permit at all. People are frequently arrested during routine encounters with law enforcement because they did not realize their paperwork was no longer valid.
To avoid getting into trouble, make sure to check the expiration date and renew the permit on time.
Improper storage at home
Another widespread misunderstanding involves firearm storage inside the home. Many people believe storage laws apply only in public spaces.
In reality, many states regulate how firearms must be stored in private residences, especially when children or other individuals are present.
Leaving a loaded firearm unsecured, storing it where unauthorized people can access it or failing to use a locking device can all result in charges if law enforcement becomes involved for any reason.
Data shows that almost 16.4% of USA civilians store their firearms in an unsafe manner.
And even when no one is harmed,this kind of unsafe storage alone can be enough to trigger legal action.
Possession during a prohibited status
Some people do not realize that certain legal situations temporarily or permanently prohibit firearm possession.
If you have a record or restraining orders against you, this could affect your possibility to own a firearm.
In these situations, possession is illegal regardless of when or how the firearm was acquired. People often believe they are protected because the gun was purchased legally years earlier.
That’s a total misconception.
Constructive possession and why it matters
And finally, we’ve come to constructive possession. Constructive possession is one of the most misunderstood legal concepts in firearm cases.
Believe it or not, you do not need to be holding a gun to be charged. Prosecutors may argue that you had access to firearms and that’s more than enough.
This often arises when firearms are found in shared vehicles or homes, for instance. Even if multiple people are present, charges may be brought against one individual based on circumstantial evidence.
The final word: Owning firearms the right way
As you can see, owning firearms is not without its challenges so make sure to think twice before making the final decision.
The funny thing is that most Illegal firearm possession charges often come down to technical mistakes, not criminal intent.
The law does not always distinguish between someone acting with bad intentions and someone acting carelessly or uninformed. That reality makes education and awareness critical for anyone who owns or carries a firearm.
That’s why you need to consult with an expert and ask all the questions before you opt for buying a gun.
Also Read – What Happens After a Firearm Arrest
