Mecklenburg gun investigations typically focus on a possession analysis. This analysis will include investigating whether the firearm was within that person’s control, finding any witnesses and any legal reasons the individual should not be allowed to carry said weapon. Possession is essentially the ability to possess the item even if it is not in the person’s hand at that point.
A person can put that together circumstantially. A skilled firearms lawyer can help you navigate any gun charges against you and help you protect your future.
Law enforcement typically walks up to the person directly and ask if they have a gun. A Mecklenburg gun case can go to trial. Mecklenburg gun investigations procedure for law enforcement is a straightforward approach. There can be evidence given to a grand jury but that is something that a defense attorney or the potential client or defendant would even be aware of, but there is an investigation ongoing in Mecklenburg, they are going to question the person and/or people that live in the home with them that would have knowledge of gun ownership.
If a person gets pulled over and the police pull up their driving record, they will be able to see that person’s concealed carry permit. Therefore, the individual does not need to verbally address the firearm because law enforcement knows that the person has it. They are on high alert so a person is better off to show them preemptively that they are a straightforward person with no dangerous intentions.
The police are going to question a person if they see a gun in plain view. If the person is a felon or if they are a gang member, that will come up in their records as well. Gang members get flagged and arrests are possible in these on-the-side-of-the-road searches. They also flag people with protective orders so they can definitely intervene at that point. If a person is arrested, they can search the vehicle at that point lawfully incident to the arrest. There are a number of reasons that a firearm is going to come up in a traffic stop.
The most frequent scenario of a constitutional search is going to be when there is probable cause to get someone out of a vehicle if they can search their person for officer safety. They are not searching for certain items; they are searching for something that can be a weapon. If they find that as part of officer safety, they can search people for weapons. They can search people incident to a lawful arrest and so that is probably the most common. They search them for safety even if they are not arresting them and if they are arresting then they can also search them at that point.
Officers cannot randomly search an individual but having cause to get the person out of the is referred to as investigative detention. If they are investigating some of their potential crime and they get the person out of the vehicle and it is just the two of them on the side of the road, they can search the person. The person is not under arrest but they can search the person to make sure that they are not presenting a danger to them while they search the vehicle or speak to other people in the vehicle that might have illegal drugs or if the driver’s drinking, et cetera.
Mecklenburg is a very rural area, and firearms-friendly. There a lot of hunting gun owners so they are not going out of their way to try and come down hard on gun ownership. It is not an urban area. They do not have a lot of laws against taking guns to certain places. A person can possess just about anything as long as they legally can. They are allowed unless a person is a felon. That is pretty much the only exception.
The most frequent type of Mecklenburg gun investigations is if someone reports that someone with a felony record is possessing a firearm and that is when they start investigating. It is a much friendlier gun climate than a lot of urban areas because most people in Mecklenburg do own their guns lawfully and they are using them for safety, marksmanship, and hunting.
Do not send us confidential information related to you or your company until you speak with one of our attorneys and get authorization to send that information to us.