Articles Posted in Guns/Firearms

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

The Second Amendment to the United States Constitution gives citizens the right to bear arms. This is not to say that a person is lawfully permitted to carry a weapon at all times or own any type of weapon that he or she wants. There are rules and regulations that dictate who can possess a firearm, what types of firearms are permitted, and when and where those weapons can be carried. What happens when a person with lawful possession of a gun is stopped by the police during a routine traffic stop? This is a complex issue and it depends on the situation and context of the police encounter. Different situations and circumstances often lead to different reactions.

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”

Being in a situation fearing for your life and/or safety is not a place many people want to be. Anyone who has been in that situation will tell you about the fear and stress that is caused. Everyone reacts to an emergency situation differently, but one of the most common responses is to defend yourself. In the event that criminal charges are brought against someone who was protecting him or herself from a dangerous situation, one would think using the defense of self defense in court would be a given. However, self-defense includes many other issues and each case must be looked at independently.

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”

Guns and firearms are a big issue in the United States. Regardless of which side of the debate you agree with, the right to bear arms is granted by the Second Amendment of the United States Constitution. Therefore, it is important to know the rules and regulations surrounding gun ownership and use. Not everyone is free to own a gun at any time. For example, those who have been convicted of a felony are restricted in their right to use and own guns. Felons who possess a firearm face additional criminal charges. Those facing additional charges have sometimes tried to use a justification defense for possessing the firearm. Recently, the North Carolina Court of Appeals elaborated on the applicability of a justification defense for use or possession of a firearm by a felon.

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”

In 2011, the North Carolina General Assembly updated the law governing the use of defensive force in the home. Since then, there has been a need for clarification of the newly enacted statute and cases in which the court interprets the statute and indicates how it should be applied in future situations. In State v. Kuhns, the North Carolina Court the Appeals clarifies part of the new statute, G.S. 14-51.2.

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”

Stand Your Ground laws have been around for more than a decade now, with Florida serving as one of the first states to pass such legislation back in 2005. Though not a novel concept, the laws are new in some states. In these places where the laws are new, the local judiciary may be unfamiliar with how to apply the laws, meaning there is a bit of a learning curve in the months and even years following passage. This can be problematic for both prosecutors and defendants, as neither knows what to expect.

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can the police search my car without a warrant?”

The federal appellate court with jurisdiction over North Carolina just ruled in a surprising decision that “armed” does not automatically mean “dangerous” within the context of stop-and-frisk searches by police.

Brad Smith of Arnold & Smith, PLLC answers the question “Do I need to hire an attorney if I have been falsely accused?”

 

A York, S.C. man was arrested over the weekend after a disagreement over a bicycle he said a man stole from him. The man, Randall L. Hunnicutt, said the man stole his bicycle and money out of his wallet. The man admitted he had borrowed Hunnicutt’s bike four days earlier, but he told police he had returned it. He denied taking the money.

Arrested at gunpoint Charlotte Mecklenburg DUI Lawyer North Carolina Criminal Defense AttorneyThe argument began on Hunnicutt’s porch in York. After being accused by Hunnicutt, the man tried to walk away. Hunnicutt asked his son to bring him his shotgun. He then loaded the shotgun and began poking the weapon in the man’s face.

The man started to walk away, but Hunnicutt followed him and pushed him down, poking him with the shotgun. After Hunnicutt pulled the trigger, the man ran to a neighbor’s house and called police. Apparently the weapon did not discharge.

Nevertheless, Hunnicutt was charged with attempted murder and possession of a weapon during a violent crime. It is unclear whether additional charges are pending.

The Charlotte Observer reports that Hunnicutt’s age, as listed on the police report, is 29. The age of Hunnicutt’s son is unclear; also unclear is whether the son retrieved ammunition that Hunnicutt used to load the shotgun. In any case, the inference can be drawn that Hunnicutt’s son was too young to be employed as a shotgun-retriever in a drunken late-night argument between adults.

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Attorney J. Bradley Smith answering the question: “Should I talk to the police?”

Police say that they are looking for a man they believe is responsible for a series of robberies that have impacted several local fast food restaurants over the past month. Authorities recently released security camera footage showing the man robbing several Cook Outs spread across the Charlotte area.

 

Grilling Burgers Charlotte DWI Lawyer North Carolina Criminal Defense AttorneyPolice say that four Cook Outs and one Wendy’s were robbed over the past month. The Cook Outs in Lincoln, Mecklenburg, Union and Rowan counties have all been hit, with the first robbery happening just under a month ago. The most recent occurred this past weekend.

 

Police say they are thankful that no one has been injured in any of the robberies, but that disaster could happen at any time given the way the robber has behaved during the encounters. Authorities say that the burglar fired a handgun several times in at least two of the robberies, leading police to fear that the man might lash out if provoked.

 

Police say they believe the robberies are related because the description of the burglar has been similar in each case. Additionally, all the robberies happened early in the morning, around 7 a.m. Store employees have said that the suspect is a black man in his mid-20s with shoulder-length dreadlocks. So far he’s worn a ski mask, which obscures the bottom portion of his face.

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Attorney J. Bradley Smith answering the question: “I was found not guilty of a charge, but my record still shows the charge.”

In a move that has sparked concern among some of the staunchest gun advocates, Iowa law enforcement officials have said that they will begin issuing gun permits to the blind. The gun permits will mean that blind individuals are allowed to purchase and carry weapons in public.

Vision Test Chart Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpgAccording to officials with the state, the law is clear that local sheriffs do not have the legal right to deny any Iowan the right to carry a gun based on a physical disability. The news has some blind gun owners rejoicing including one man, Michael Barber, who told reporters at an Iowa gun store that he was thrilled with the news. Barber said, “When you shoot a gun, you take it out and point and shoot, and I don’t necessarily think eyesight is necessary.”

Other disability advocates say that denying individuals the right to bear arms due to eyesight trouble violates the Americans with Disabilities Act, which prohibits different treatment based on physical disabilities. The National Federation for the Blind issued a statement in support of the Iowa measure, saying that with proper training blind people can be taught how to safely use guns. Moreover, the group noted that blind people have enough common sense to know when using a weapon would endanger others.

Though Barber may be happy to be able to legally carry his weapons, local sheriffs so far are split on the wisdom of the measure, with some saying they endorse the idea while others are more apprehensive. County Sheriff John LeClere spoke for the latter group when he said, “If you see nothing but a blurry mass in front of you, then I would say you probably shouldn’t be shooting.”

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Attorney J. Bradley Smith answering the question: “If I simply intend to plead guilty, why do I need a lawyer?”

In a bizarre episode earlier this month, police say four people were shot at an anti-violence rally sponsored by the Mothers of Murdered Offspring. Police say the vigil, meant to commemorate lost loved ones, occurred near Pinckney and Matheson Avenues in the Villa Heights neighborhood of Charlotte.

Bullets Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpgAccording to the Mothers of Murdered Offspring, the vigil was taking place to call attention to the recent death of a Charlotte man who police say was shot and killed when he attempted to rob a convenience store. About 50 people were gathered to honor the man killed in the shooting when, at around 10:30 p.m., gunshots erupted.

Authorities have so far revealed that four people were shot and wounded in the gunfire, including an 11-year-old boy. Thankfully, authorities say none of the injuries were life threatening. CMPD says they were called to the scene when a participant in the vigil called 911 to report that someone in the group had pulled a gun and began firing at those gathered.

Police said when they arrived on the scene most of the crowd had scattered and they had to spend time tracking down witnesses and taking statements. Some property damage occurred as a result of the shooting, with tires and windows being shot out of several nearby cars. Police say an investigation into the episode is still ongoing. So far no arrests have been made.

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