How much trouble am I in over this gun situation?

Question

OK. It was on the 4th of July. We had decided to stay home and just sit by the que, drink some beer, ect. This very drunk guy was going by, falling off his bike, going to go onto a main road. Out of concern, we let him in our yard, and were checking on him. He suddenly was acting VERY weird and aggressive, so he was told to leave. He would not. So I used my gun to get my point across. If I had beat him, I would have killed him. (no exaggeration) Calling the cops would have taken too long. Anyway, I have a DV on my record, therefore, I may not have a gun. But, a cop happened by as he was stumbling out of our yard, and stopped to chat. He told them I pulled a gun on him. He did not press charges, and neither did the cops. They did take me in to by photographed and fingerprinted. Then sent me home. They say the Feds may pick it up. No word yet. However, if I run a CBI check on myself, it shows up as menacing with a gun and assault. I was never even read my rights. As a matter of fact, they specifically said I was not under arrest. What should I do from here?

Answer 1

It certainly CAN be federal, if you're a felon, which generally means actually sentenced to serve a year or more. And if the US Attorney in your district wants to take. And if BATF wants to take it. Hope that isn't the case and doesn't happen. Very little slack for federal gun crime. If not, they will likely consider whatever is the charge there for possessing a firearm with the DV. I have no idea if that's an offense there. Or, they may just send it over to the prosecutor for him to consider. Since the other guy isn't pushing it, they may do nothing. Luckily, since it's a felony assault.

If you're actually charged, you'll have a chance to ask for an attorney appointment, either when your bond is set of at your first appearance. Make some note so you remember everything, and wait to hear. Now they probably won't contact you to let you know if the prosecutor declines the case. You would have to wait a reasonable time (a few weeks - more if they're busy) and ask the prosecutor's office.

Answer 2

Well... with any gun violation, it's out of the cops hands and into the feds hands as soon as a gun is involved. You're going to be running into the Bureau of Alcohol, Tobacco, and Firearms pretty soon. You were taken in and booked (hence the fingerprints and mugshot.) They didn't need to arrest you or read you your rights to charge you with this. You were a felon (or violent offender) in possession of a firearm. You really cant do anything about it. You knew you weren't supposed to have it yet you did.  

Answer 3

AJ O said:

"Well... with any gun violation, it's out of the cops hands and into the feds hands as soon as a gun is involved. You're going to be running into the Bureau of Alcohol, Tobacco, and Firearms pretty soon."

It's NOT going to be a Federal case by any means. It's going to be local. Gun violations are an everyday part of a cop's job. I don't know why they would take you to the station to be photoed and printed if you were not arrested. Maybe a photo ID there on the spot. But not taken downtown. But by the same token, if you were not arrested, it would not be on your CBI check. BTW..How did you run a CBI check on yourself? If they told you that you were not under arrest, and they had no intentions or suspicion that you might be arrested,they do not have to Mirandize you. It's simply a field interrogation. It's been more than a month since the incident. If you haven't heard anything by now, you're probably not going to. But you should have been arrested on the spot for having (what we call in Ohio) a Weapon Under Disability. You are not allowed to have any deadly weapon with a DV on your record, and you knew that. There could be other ramifications such as Contempt of Court. All I can say is you got lucky.

Answer 4

Lawyer up, man. Its clear the man has it in for you.