If I get pulled over with an unregistered handgun off the street will i go to jail?

Question

If I get pulled over with an unregistered handgun off the street will i go to jail?

Answer 1

You can bet on it.

Edit: If you are concealing, for instance, keeping it in your glovebox, you're guilty of carrying a concealed firearm.

Answer 2

Is it stolen?????? Depending on what state you are in my friend. In SC we register guns but if you do not have one registered and it is properly stored in the glove box or console, then you are OK......

Answer 3

Define "off the street". If you bought it from some punk on a street corner somewhere then there is a very good posibility that it is stolen, which will definitely land you jail time, possibly prison. Now if you bought it from someone who you know owned the gun then you shouldn't have anything to worry about, as long as the gun isn't concealed in the car or on your person. Keep it unloaded and place it in plain view of the officer. You will have to step out of the car and they will run the numbers, but if it doesn't come back stolen there's not much they can do. I do suggest you check local laws and buy from someone you can tell is reputable.

Answer 4

We don't register handguns in Arizona.

Answer 5

Yes and you should.

Answer 6

It's possible.

Answer 7

I'm pretty sure that's an automatic 5 years no ifs ands or buts, minumum mandatory.

Answer 8

Hard to say based on your limited fact rendition.

There are many considertions -

the laws of your state as to what consitutes particular offenses (the main one being whether you are licensed, more than whether the gun is registered)

the operability of the gun (gun convictions require a ballistics report showing that the gun was operable or readily made so)

Whether it was loaded (this is generally a line between whether the offense is prosecuted as a misdemeanor or felony, but could affect sentencing; be aware that the legal and factual definitions of loaded aren't identical, with the law including an unloaded gun in proximity to compatible ammo - like having an unloaded Glock and its magazine in 2 pockets of the same jacket)

The circumstances of the stop: were you committing any offenses that drew the officers' attention to you?  If not, you may have a right to a pre-trial hearing to litigate this - US Constitution does not allow an officer to search without a search warrant either or circumstances providing for probable cause allowing for an exception to the warrant (see a lawyer for that second part).  If you were observed committing another crime, then you were lawfully stopped and the resulting search could be considered a search incident to lawful arrest.  (in NY, the acronym SILA can be found on many arrest reports).  if the search is valid, the evidence recovered (the gun) will be available for trial; otherwise, it will be suppressed - can't be used, and if the only charge, the case will be dismissed.  If the case goes forward, the simplicity of the charges virtually guarantee that you will be convicted.

was there a search?  As a parallel for the above question - if the officer sees the gun w/o having to search you, he is basically seizing what is in plain view - such seizures of evidence are not suppressed.

age - if you are particularly young, you may get special treatment as to punishment.  Not to laugh off jail, but a conviction could very well be a felony, and that will have serious consequences on your future even if you don't serve a day in jail.  If you're young enough, you may qualify for some kind of "youthful offender status" (that;s what we call it in NY).  So you may laugh off 5 years of probation, but in a few years, that adult convictiion may follow you around on job applications, military enlistment apps (don't laugh), voting, financing - basically anything.

criminal record: if you've got a prior felony, you are likely ineligible for any sentence other than state time.

what kind of gun?  not all guns are equal - you've got the assault weapons ban, handguns, guns with certain size barrels - this is all statute specific.

Lawful temporary possession - if the circumstances allow it, you my be able to argue that you found the gun and were looking to turn it in - that could block conviction, and obviate any need to discuss jail.

good luck

Answer 9

yes my ex is serving a 2-3 year sentence for that. Just for simply having it on him.  

Answer 10

No, just don't raise it up and point it at the officer or you may be shot and killed which is worse than going to jail.