Voluntary Surrender of a Firearm in Montgomery County
Someone may choose to participate in the voluntary surrender of a firearm in Montgomery County for a number of reasons. The individual may do so during an investigation or in an attempt to avoid arrest. No matter their motivation, it can be critical to speak with a practiced firearm lawyer about what the most appropriate legal options are for you.
What Constitutes Voluntary Surrender of Firearms?
A voluntary surrender of a firearm in Montgomery County may occur when an investigation takes place and a case reaches resolution. As part of the negotiations with the court or with the prosecution, the person might offer to surrender firearms they possess or own.
This is different from a forfeiture proceeding that is filed and goes through the court. There are some cases where the court can seize firearms and no voluntary surrender is required.
In other circumstances, a prosecutor might be more comfortable reaching a resolution about charges if they know the firearm owned by the person is forfeited as part of the resolution of their case.
Reasons for Surrendering a Firearm
A person might choose to surrender their firearm to make the prosecution more comfortable with that type of resolution. With allegations of domestic abuse, a person may be asked to surrender the firearm associated with their case to re-establish contact with family members while allegations are pending.
The courts can be more confident when allowing the contact to be re-established if they know the person accused of domestic violence no longer has a firearm in their possession.
Even though the court may not be able to seize the firearm legally, a person could volunteer to surrender it. It makes the job of the court easier to ameliorate any concerns about gun-related violence that could be imposed by the use of that firearm.
How to Legally Dispose of a Firearm in Montgomery County
When somebody is in possession of stolen firearm or a firearm they are not permitted to be in possession of because of their status or criminal history, there are avenues where they can turn the firearm over to authorities anonymously or through counsel without suffering any criminal charges. It is important to reach out to an attorney because the parameters are quite specific.
It is only when the requirements are followed exactly in accordance with the statutory language that a person successfully avoids being criminally charged or implicated in some criminal activity associated with possession of that firearm.
Required Identification for the Surrender of a Firearm
The kind of identification required of a person who chooses to voluntarily surrender their firearm depends on how the person plans to surrender the firearm. When it is a part of a resolution in court, identification is not necessarily required.
The voluntary surrender of a firearm in Montgomery County can be done by going to the police station and release the firearm into the custody or possession of the authorities. When the person wants to anonymously turn in a firearm, an attorney can assist them in facilitating that without providing any identifying information.
Benefits of Voluntary Surrender of Firearm
Cases are not necessarily about everything the prosecutor can prove, but rather about what is best for the community. If a prosecutor has the necessary evidence, they might be persuaded to not move forward on charges or reduce charges based on a comfort level with the case.
In a case where a person is charged with possession of a controlled dangerous substance who begins a drug education program, the prosecutor might be inclined to dismiss the charges against them for successful completion of the drug education program.
Gun-related offenses or other kinds of criminal activity where a person owns a gun might be dismissed or reduced when the prosecutor knows the individual is no longer in possession of a gun and voluntarily surrenders it. A defense attorney may assist in the resolution of cases by helping establish a better comfort level with the prosecutors or the judge about how to resolve a matter.
Voluntary Surrender for Ammunition
Voluntary surrender of ammunition is legally enforceable when it is a part of an agreement with the court.
It is sometimes a requirement of the resolution of a case or part of an agreement made between a person charged with a crime and the state or court system.
Consequences may be imposed by the court when the person does not comply with the order to surrender the ammunition.
Advice From an Attorney
A person who wants to voluntarily surrender their firearm can legally do so at every single police station whether it is a city or a county police station.
When someone considers voluntary surrender of a firearm in Montgomery County, the most important piece of advice is to contact an attorney who has familiarity with the related laws.
A voluntary surrender may be tricky if it is not done in compliance with the rules and regulations or the manner in which a court or prosecutor outlined the surrender.
If not followed precisely, they can create more problems for the person surrendering their firearm. It is important that the person follows the letter of the law or order of the court 100 percent and consults with an attorney who is familiar with this area of law before surrendering anything.