Serious Crimes Attorneys Union, Missouri
Under the 2nd Amendment of the U.S. Constitution, you have the right to bear arms, including for self-defense. However, some criminal cases involving firearms could seek to challenge your right to possess arms or their use during a specific event or case as part of the prosecution’s defense.
Pursuing 2nd Amendment litigation largely relies on testing whether gun restrictions due to your association with a crime match historical precedents and traditions. If you were charged with a crime due to allegations of felon-in-possession, carrying in a restricted area, or possessing a firearm during a substance use ban, there may be options for pursuing litigation against these accusations.
At Briegel Whiteley Moon, our attorneys have years of combined experience handling criminal cases and pursuing 2nd Amendment litigation to stand up for your rights. Located in Union, Missouri, we serve clients throughout Franklin County and the surrounding areas, including Crawford County, Phelps County, Gasconade County, St. Louis County, and Osage County. Contact us today to schedule a free consultation.
Your Rights Under the 2nd Amendment
The 2nd Amendment of the U.S. Constitution states that “the right of the people to keep and bear arms shall not be infringed.” This largely has been interpreted to mean that U.S. citizens have the right to possess firearms for certain purposes, including self-defense of their person and home, according to the 2008 District of Columbia v. Heller ruling.
In 2022, the New York State Rifle & Pistol Association v. Bruen ruling stated that a citizen’s 2nd Amendment rights extend to both their home and to “places of confrontation.” As a result of this ruling, there have been multiple legal actions that sought to contest federal and state firearm laws, primarily to challenge the rights of certain individuals, such as those who have been charged with a crime, to possess firearms.
While litigation surrounding firearm ownership and possession rights has proliferated in recent years, the 2024 United States v. Rahimi ruling upheld that individuals charged with a crime, as established under federal law 18 U.S.C. 922(g), are lawfully prohibited from possessing firearms.
If you have been charged with a crime and you believe a firearm prohibition order is a violation of your 2nd Amendment rights, our Missouri criminal defense attorneys at Briegel Whiteley Moon can help you pursue litigation and build a strong defense to counter the charges against you. Contact us today to schedule a free consultation.
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Our Services for 2nd Amendment Litigation
If you have been charged with a crime in Franklin County, Missouri, or the surrounding areas, and your right to possess firearms under the 2nd Amendment have been revoked, our attorneys at Briegel Whiteley Moon offer comprehensive defense services to help you challenge the charges against you and advocate for your rights. The primary areas we can pursue litigation include the following:
Felon-in-possession: Under federal law 922(g)(1), your right to bear arms can be revoked if you were convicted of a crime punishable by imprisonment for one year or more. We can help you build a defense to argue for your rights if you were convicted of a non-violent crime, if your conviction is older, or if you do not present a “danger”.
Substance use prohibitions: Under federal law 922(g)(3), those convicted of a crime involving a controlled substance are prohibited from possessing arms. Depending on the type of controlled substance, the amount, and the intent of the crime, we can argue for your rights to push back against broad “disarmament” provisions.
Sensitive area and carrying prohibitions: Many states have strict rules regarding open vs. concealed carrying and carrying a firearm in a sensitive or protected area, such as banks, post offices, or public places, like parks or public transportation. If you have been arrested for carrying in a sensitive or restricted location, we can advocate for your rights by challenging whether you knew of the restrictions and whether any historical precedents or traditions apply to the prohibition.
If you believe your right to bear arms has been improperly revoked after being charged with a crime, our attorneys are committed to taking your case before a judge and challenging the ruling wherever possible.
How Our Firm Can Help
At Briegel Whiteley Moon, our attorneys have years of combined experience in representing individuals facing criminal charges. When these charges result in the revocation of your 2nd Amendment rights, we can help you pursue litigation to seek the reinstatement of your rights, whether by challenging the charges against you or by petitioning the courts to consider your rights independently of your criminal charge.
Our attorneys have conducted over 40 jury trials within Franklin County, Missouri, and the surrounding counties, and we are dedicated to standing up for your legal rights in court. Our firm follows a flat-fee billing model to provide transparency about your legal costs and to better empower you to make informed decisions about pursuing your rights.
Contact Our Missouri 2nd Amendment Litigation Attorneys for Guidance
Being charged with a criminal offense can have significant impacts on your rights. Depending on the type of crime you are charged with, your right to bear arms under the 2nd Amendment may also be revoked. If you believe a criminal court ruling violated your 2nd Amendment rights, our attorneys can help you pursue litigation.
At Briegel Whiteley Moon, our attorneys, Daniel Briegel, Kevin Whiteley, and Will Moon, are experienced in handling courtroom litigation to stand up for your rights. Located in Union, Missouri, we serve clients throughout Franklin County and the surrounding areas, including Crawford County, Phelps County, Gasconade County, St. Louis County, and Osage County. Contact us today to schedule a free consultation.