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A local statute reads (a)whoever, unless otherwise authorized…

Customer Question

A local statute reads: "(a)whoever, unless...

A local statute reads:
"(a)whoever, unless otherwise authorized by law, has . . .. . any firearm . .. . may be arrested without a warrant . . . . . "
Under the terms of a warrant to search for computers, discs, hard drives, etc., while at my home, after coming outside to open up for the police, and after I was handcuffed and outside the home, I was asked about my weapons, which were previously registered in my local jurisdiction. Mind you, when I answered my door, 15+ officers with all kinds of guns and shotguns were pointed at my head. I did not think I had any right not to answer the officer's question regarding my guns and had no idea they were there for my computers or what the heck was gong on.
My question is: is the seizure of my guns, and subsequent arrest under the above statute (14 V.I.C. section 2253) valid????????
First: I did not renew my gun license. The renewal no where states that it is a crime to keep the weapon if I fail to renew. The renewal form has 8 questions

Submitted: 9 years ago.Category: Criminal Law

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4/8/2010

Criminal Lawyer: N Cal Attorney, Lawyer replied 9 years ago

N Cal Attorney, Lawyer

Category: Criminal Law

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Do you know which subsection of section 2253 you are being charged under?

Customer reply replied 9 years ago

(a), merely possessing-- no criminal act was done with the weapons.
Now I have another question: is that statute unconstitutional AS APPLIED? Meaning, given that the statute reads literally that no warrant is needed to search for and seize a weapon, given that the guns were not in use, not being carried or anything else, can they get away with a warrantless seizure?
Again, as to my primary question, the renewal form asks 8 questions, none of which I could or would answer yes to, so the renewal would have happened had I remembered to file. These guns have not been carried for a long time, I actually forgot I had them, that's how bizarre this whole thing is.

Criminal Lawyer: N Cal Attorney, Lawyer replied 9 years ago

I believe the statute as written is unconstitutional under the recent case of DC v. Heller, posted at
http://supreme.justia.com/us/554/07-290/ in which the court specifically allowed possession of firearms in one's home.

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