Violation Bail When You Need It Most
Being charged and arrested for any crime or violation is a serious matter, but when it has a weapon involved and becomes a weapon violation, it can become even more serious. It may require weapons violation bail. What is weapon violation? There are Federal and State laws and regulations in place focused on weapons, primarily firearms. When those laws are regulations are broken, it becomes a weapon violation and is punishable by fines, jail time, and possible more severe penalties.
Some of the Federal, State and Local Weapons Laws in place regarding guns or other weapons include the following weapons violation examples:
- Possession: possession of a weapon is legal, but there are restrictions.
- Licensing: person with weapon must be licensed as dictated by law.
- Carrying: each state has specific laws for carrying a weapon.
- Transporting: transporting guns or weapons across state lines and within a state.
- Use: there are strict laws and prohibitions when weapon can be legally used.
- Sale: the sale of firearms or any weapon are subject to state and federal laws.
- Manufacturing: weapons manufacturing laws are strict and often unclear.
- Importation: specific laws in place regarding the import of weapons.
What does unlawful possession of a weapon mean?
In the state of Kansas, most adults are allowed to carry guns, concealed or openly. A person who is twenty one years old and older is not required to have a permit to carry a gun, either concealed or openly in public. Nor is a permit needed to carry a gun in their private vehicle excluding the following restrictions where it is a State law violation. Examples are as follows:
- Concealed Handguns and Young People: Person younger than twenty-one years may face Class A misdemeanor for carrying a concealed handgun on their own property or a fixed place of business.
- Under the Influence and Carrying a Gun is illegal in the State of Kansas regardless of age.
It’s also a class A misdemeanor to carry a loaded gun on your body or within reach in a vehicle while you’re under the influence of alcohol or drugs, unless you:
- are at your home, business, or property; or
- have the gun temporarily while defending yourself or someone else.
- Carrying a Gun at School: It is illegal to possess a gun on school property or while attending school-sponsored activities for grades Kindergarten through 12th grades. Exceptions to this law are:
- concealed handguns carried by anyone twenty one years of age and older that isn’t prohibited otherwise from possession of firearms under federal or state law.
- any gun a parent has in private vehicle and is dropping off or picking up a student, or by any person registered to vote and on school property to vote
- gun possession being used for authorized safety course or with permission from an administrator.
Any violations of these laws and restrictions may end up with an arrest and weapons violation bail will need to be posted to be released.
Is your first gun charge a misdemeanor?
The state of Kansas has the most gun-friendly laws in this Country. The following weapons violations for first time offender are a Class A Misdemeanor that will require a weapons violation bail be posted are:
- Under the age of 21 years carrying a concealed handgun not on private property or a fixed place of business.
- Carrying a Gun While Under the Influence.
- Carrying a loaded gun on your person or have one within reach inside a vehicle while under the influence that is not on your private property or is not being used for self-defense.
Can you have a gun while out on bail?
When a person has been arraigned on a crime, the bail release conditions may include no contact with certain persons and possession of firearms or other dangerous weapons prohibited. Attorneys in the State of Kansas will always recommend their clients to give their firearms, ammunition, and dangerous weapons, to a responsible family member or friend pending the outcome of their case.
This is including any person that is a current or former law enforcement, armed force, or carries a concealed handgun license. Any violation of the bail release could result in a higher weapons violation bail to be posted, or bail may be denied.
Is weapons violation bail expensive?
As with any charges you’ve been arrested for, the amount of bail will depend on several any factors, three of which are:
- Circumstances leading up to the arrest
- Criminal history
- Community standing
You may be able to get bail bondsman to bail you out as with any other type of charges. They will have their own factors of consideration in agreeing to a bail bond in addition to the things we’ve listed above. Typically bail bond is 10% of the bail, for a weapons charge, it may be higher based on those consideration.
Is unlawful carrying of a weapon a felony?
Currently, under Federal law and State of Kansas law, any person who has been charged with a felony crime, it is illegal to be in the receipt of, possession, and transportation of fire arms and can be tried as another crime in felony court as a separate crime and will need to post weapons violation bail if the judge allows bail in this situation.
How can you get weapons violations bail?
The State of Kansas gun laws are considered lenient; however, they are not without restrictions. In this country, a person is believed to be innocent until proven guilty, so anyone finds themselves with weapon charges should contact an attorney and post bail once they have been arraigned.
Is weapons violation bail variable?
Whatever the crime a person is charged with, including weapons violation bail is not a one-size-fits-all amount. The reigning judge will take several factors into consideration before they state bail for a weapons charge. Among those considerations would be the person’s criminal history, the seriousness of the offense, and the surrounding situation of the arrest.
In the best interest, it is always recommended to stay out of legal trouble. Unfortunately, there are unfortunate circumstances and things happen. If this happens, the first step is to hire an attorney and follow their advice and instructions. They will have your best interest and give you the instructions, including avoiding the need to face charges that need a weapons violation bail. Call 316-755-5142 today for your bail needs.