Criminal Lawyer Describes How to Beat a Gun Possession Charge 

It's sad that someone simply wanting to defend their person and their family / friends is considered a felon just for doing so.

Post more law videos, they help a-lot, and the dedication i see when u reply to almost everyones comment is insurmountable.

Thank you mister your channel is very informative and has taught me a lot hope the best for you

Aye boss man u gain upmost love honor and respect from out my way 💯 thank u for these upmost great boost of education in these short videos u hit all the main points n don't go talking about random shhh that is totally off topic thumbs up

Your so clear and articulate. Thank You.

Men of firearm charges, may we overcome these charges and buy more firearms in the future!

Free all dem guys who ain’t make it back to the comments for da replies🔓💯

Thank you Mr. Gustitis! This video about beating a gun possession charge ties right into your video about pretrial motions to suppress. Additionally, the advise here can also be used for beating drug charges as well, as you discuss in your 4 ways to beat drug possession charges. My attorney filed a motion to suppress due to a violation of my 4th Amendment rights. The motion listed the relevant case law for jurisdiction, state, federal circuit, and even Supreme Court. The officer essentially violated my 4th Amendment rights as interpreted under Rodriguez v Nebraska. Even if the extension to the traffic stop was considered a voluntary "conversation" (officer returns license and registration, shines light in my face, and interrogates me about drugs and weapons), the officer reached in through the window of my car to unlock and open my door. According to caselaw from Baltimore, the action was considered a search. Additional caselaw from Maryland establishes that "furtive movements" is not enough to establish reasonable suspicion to perform a "Terry frisk." Additionally, the bodycam footage from the officer and his partner failed to show any fear from the officers during the initial approach to my car, and they acquired my license and registration and performed the normal tasks of the traffic stop without issue. Though I made the mistake of not exercising my 5th Amendment right to remain silent, especially AFTER the officer opened my door, it would appear that any statements or evidence collected would have became fruits of a poisonous tree. The case didn't even go through the motion hearing because the state's attorney nolle pros the charges (30 days to three years possible sentence) upon agreement that we allow the state to destroy the pistol ($200 value) collected by the police. In addition to not "riding dirty," I'd recommend to your viewers to exercise their 5th Amendment rights (in some jurisdictions the defendant must verbally invoke their 5th Amendment rights before going silent). Thank you again for posting your helpful videos.

It’s unfortunate to see that you aren’t uploading anymore. I have learned so much here. I think it would be interesting if you covered tax evasion, operating a business without a license, and illegal gambling

I love the work you are doing. I believe more people need to know their rights.

Great information. Subscribed.

This man is the best thank god I came upon this video

Great video! I'm from Russia and I really like watching your content! Thank you very much)

Mr G... good news! Nolle pro se qui on my case! I want to thank you for your help and exquisite videos. They were a blessing in a great time of need. I would like to ask you though since legal research online results are not available it seems, on a dismissal without prejudice, how does the statute of limitations work to refile or reopen a case or charges in Missouri? I realize you are licensed in Texas where law is more transparent but the best I could find was “ most states say plaintiff must refile before statute expires which is 30 days. The info. Seems to get mixed with civil cases statute of limitations as well to add to the confusion. Coincidentally queries about return of property seized were answered with let the ink dry for 30 days by the paralegal. I also know that crimes committed can have statutes of limitation for years but I can’t find how that applies to dismissed w/o prejudice charges beyond a doubt. Can you answer this by chance or tell me where to search if not. Thanks again for all you do hope I can thank you in person someday.

This lawyer presentation is outstanding.

Great video!

I'm being charged with a gun charge. First time ever getting charged with anything ever. Not sure what to really do. They stopped me for my license plate light out when it wasn't. My attorney really isn't talking to me or doing anything for me.

I've seen several of your videos, Stephen. One problem from your point is the assumption of honest cops. Too many times there are dishonest cops. BTW, I've had no serious problems with the law.

Thank you My Friend!

I live in California, I was involved in an accident after coming back from a friend's father memorial, I had a bit to drink that day but was not drunk, I still waited a bit before I decided to drive, about 5 mins to my house a dog crossed the road which made me swerve in order to avoid hitting the dog, my car flipped and went into a ravine, there was a witness that saw the accident and told the cops what happened. The cops that were first on the scene were kind and attentive and were going to take me home when another cop showed up and asked the cop speaking with me if he ran a breathalyzer on me, the cop said "no I didn't think I had to" then the cop speaking with me asked the new officer on the scene do you want to run a test, he says yes, so they did and said I was being arrested for DUI, they pat me down and found a gun magazine in my pocket and asked me if there was a gun in the car that was totalled, I said "idk" they checked the car and found a gun which is mine and is registered to me, so they also added that charge to me, any advice on how to go about this? Thank you in advance.

In LA, California, a police officer acted on a tip that drugs were located in someone’s ( a felon’s) car. They then held the person under arrest until another policeman came with a warrant but they only found a gun in the car. He is now sitting in jail awaiting a court date but I’m wondering if there’s any way at all to beat this case? (The gun was not used.)

Hey gustitis, I was wondering if it is in my best interests to use my phone to record the audio of traffic stops?

Great advice 👍

Make a video on how to get out of a bad contract example(giving your Rights up unknowingly). Great videos by the way!

Thank you for the advice "Keep your mouth shut." LOL! If I'm ever in this predicament, I will keep my mouth shut and talk to a lawyer first.

If someone has been charged with a first degree misdemeanor as a juvenile in possession of a firearm, are they still legally allowed to own firearms in the future?

Great video Stephen💪

" This is a gun - I didn't know How did you get it - A bum asked to trade I said I'll just give you $4 & he still handed it to me. Where is the bum? "

Hi, my son has been arrested for suspect to a shooting they search his room with no warrant them waited to get the warrant did not find a gun and still in jail with possesion of a loaded firearm how can that be if nothing was found thank you

My nephew went to jail on this charge in Kentucky. He had a warrant however he was not in his car but he was driving the car the gun was in. The officers had no probable cause to search the vehicle, and said because he had an active warrant for probation violation that they could. They did not even get the owners permission to search. They found the gun under the driver seat. The owner of the car even told the officer over the phone that the gun did not belong to my nephew and they charged him anyways. The officer got rude and said he don’t care cause it could be anyone on the phone and not the owner of the car. They also didn’t advise him of his Maranda rights either but questioned him. So how do you beat something like this if no one in the car confessed to the gun but the car owner said it wasn’t my nephews? And just because he had an active warrant, is that probable cause to search the vehicle?

im being charges with unauthorized possesion of firearm and careless use of a firearm they entered my house without a warrent on suspition i pointed it at somebody so am i screwed?

currently facing them, got court 4/18/22. wish me & my public defender luck 🤞🏽

I’m being charged with possession firearm witness say it fell out of boot called cops after I left and gave him a gun and said it was mine what should I do ?

Best one (keep you're mouth shut!)

Hi ! You are awesome for teaching this , we live in a small town with some crooked cops. The one that harassed my husband and I last night we went to highschool with. So I have a question as my husband was arrested on some very serious charges last night. Possession of a firearm by a convicted felon. So If a gun was allegedly found in a backpack with a piece of paper with my husband's name on the piece of paper BUT said backpack was in the back of his truck where anyone could've put the gun in his backpack due to anyone having access to the back of his pick up truck. Also they coerced him into a constructive possession charge because they allegedly found a baggie we know they planted in the center console of the truck and we're going to arrest us both for constructive possession. He said whose is it or your both going to jail and my husband and I responded "you know that doesn't belong to either of us" and he said either it belongs to one of you or both of you. And I said so since it doesn't belong to either of us your forcing one of us to admit to something that isn't ours to spare the other person a charge?? He said might as well be him since he is also getting a possession of a firearm by a convicted felon. And took me out of handcuffs. Pulled over because tag was expired just repaired truck and we're test driving last night and updating tag today assuming test drive went well. Searched only because of last time hubby arrested was 4.5 years ago on a simple rx meds possession charge hubby went to rehab in 2019 done very well since no trouble since then ,but that's why he wanted to search. We asked why he wanted to search and that we did not consent and he said "because I'm allowed to search" x2. That's a tool at our disposal. Put your hands on steering wheel and on the dash. Of course they lie and say the dog hit. Dog didn't do shit. This is like a nightmare , I swear we are moving out of our home town ASAP. GOD BLESS YOU FOR HELPING PEOPLE UNDERSTAND THEIR RIGHTS 💯💖

What if the gun was on the porch after they called a friend down my stairs and it was found to my left side

Great video ! But I need help ! I’ve recently got caught with a gun poss charger , and my friends did all the talking I was to stay silent because overall my friends try to take his gun back , and told the cop it was his . But still took me . What others tips do you have ?

Hey Mr. G Love the content. What about if the person was walking on foot and was approached by an officer?

Thank you.

I got a gun charge for literally defending myself against a guy who broke into my car, just cause it was loaded, but I only loaded it cause he was hurling bricks at me. The cops fished on me finding drugs in my place, but literally just cause a guy broke into my car .

My boyfriend is facing a gun charge and this is his first offense. His 3rd court date is today I hope his lawyer does the job right bc he was just at the wrong place at the wrong time. The gun was never used nor serials were scratched off. I have faith in him simply bc it’s his first offense

I was going to the va in Tulsa Oklahoma to get medication for ptsd because I’m a vet and I need your help. How may I contact you? I don’t want to share anything publicly.

I live in illinois. Got pulled over, police searched vehicle and found a gun in my backpack. What are the odds of avoiding jail time or getting court supervision?

Hands down best ducking explanation ever

I’m goin through this now

I wish I would have seen these videos when the police came to my house and i was not informed of any rights and when I did speak everything i said Was used against me when There was no stable evidence ...

i had a charge like this 30 yrs ago .. but i was stopped randomly on the street and there was no probable cause i since then tried to get my second amendment rights restored can i resurface this case to clear these charges or is there nothing i could do.

I shared and subscribed to your channel

I was catching a ride home with a friend and 3 others and the police pulled us over. Claiming some bs about the headlights and honestly nothing was wrong with the car I guess that was their excuse to search the car. The driver clearly told them no y'all cannot search my car but they proceeded anyway. They ended up finding a gun and locked me up and only me because I'm a felon. I wasn't driving it's not my car or my gun and I never seen the gun before or after the search. It's a weak case and I don't know why they haven't thrown it out yet but I go to trial Feb 18th for transporting a firearm

What does one do if they're a convicted felon and they discover a firearm that belonged to a deceased family member who lived with said felon but had no knowledge of the weapons existence and the police are trying to charge the felon with unlawful possession of a firearm by a felon ?

Thanks

Could you do a video on ways to beat a burglary charge? Where nothing was stolen or damaged and nobody was home.

I was pulled over for expired tags and had to tell him my weapon was in the car... is there no way around that.?

I was arrested outside of a business at night time looking for my girlfriend. When I was arrested they found a handgun on me. I have no prior crimes or run-ins with the law. Can I avoid prison time this is my first felony.

Thanks for imparting your knowledge for free. Should I trust a lawyer who was provided by the government?

I live In California and i was arrested for a dui. The officer claimed he witnessed me "slowly weaving back and fourth but within the lane" and also driving "50mph in a 65mph maximum zone" on the highway. I was in the number three lane " the slow lane" with no traffic on the road, besides my vehicle and the officer. the officer followed me for a quater mile and then annitiated the stop. Do i have a chance of actually getting a lawyer and beating this case? i aslo refused breathalyzer and blood test as well as field sobriety test. later obtained a warrant for blood draw.

Im fightin a gun case in dc . First Time Ever Bein Charged In That state. They do have evidece of my finger prints on it though. Im Worried about the Situation. But what ever happens happens. Thing is Offcier stopped us from parkin in a bike lot. He had no reason too check da car and flash on us right? For that cuase?

Do you have a video on what happens and what to do in the event you have to use your firearm in a self defense situation

What if they pulled me over for certain speed limit but the speed limit he mention was and is the lawful speed limit in that street anyway I can fight it back? Also I had a suspended license at the moment but I didn't have concent to a search on my vehicle where they legally allow to do the search? During the search he found a loaded weapon, 2 clips, Marijuana and vape carts which were in a backpack closed on the passenger floor? Any chances of fighting or lowering some felonys to misdemeanor. I did say I had gotten it from a friend. Any fighting chance or anyway I can deal for getting probation or house arrest?

Can you make a video if your a non California resident and use a firearm in a reasonable self defense situation? What charges will one face? I always wonder since I make frequent trips to Los Angeles for work and carry expensive camera equipment and one of my friends down there recently got held at gun point and robbed for some equipment with a machete.

How do you feel about the First Time weapon offender program offered in some states? Would you want your clients to take the plea?

What is a proper way 2 defend against a cohesremant & illegal search that uncovers a fire arm

WE NEED YOU BACK SIR 🤒🤒🤒

What happens if a criminal informant gave a tip I was pulled over but I was riding in the rear passenger and there was a bag with a weapon and they said that I was making shoulder movement towards the floor where the bag was when getting pulled over can I get granted a motion to suppress? Is that enough probable cause ?

Thank you so much for sharing your knowledge! I have a question for you, what if the suspect was not read his Miranda rights. Also the weapon was found by police when they went retrieve the a accused cigarettes from vehicle after he was handcuffed for 20 mins and questioned

Hey there! I see that you response to most of these comments so I have a question, I apologize if it is a dumb question it’s just I know nothing about the legal system as it just terrifies me! My question is can I arrange a situation where I pay a lawyer a monthly fee to be able to get legal advice and if something were to happen in the future be able to have that lawyer ready on call? ... I try talking to firms about it but their first question is what is the crime ? And there is no crime I just want to general knowledge and have a lawyer ready ... can you help me with this? Thank you in advance! Also watching your videos has helped me learn a little about it!

I'm from North Carolina, got pulled over on the interstate in New York (for construction work) and had a loaded 9mm pistol under my seat..I'm legal in North Carolina but now its a felony charge I haven't been to trial yet ...just trying to defend myself

Can you be silent if a cop asks, "I saw that you have a concealed carry permit in the system, are you carrying a weapon today on your person or transporting one in the car?" Could replying, "I invoke my right to be silent" be used by the cop to constitute reasonable cause, searching your vehicle because he believes you have a gun based off your silence in response to the direct question?

I am in California and me and my husband got pulled over for "the 3rd tail light being out". My husband is on federal parole he was released from federal prison 6/7/22 and we were arrested on 7/27/22. I am a felon also but have not been arrested in almost 16 years. The officers searched the car and found an extended clip in my bag that was at my feet inside of the car and under the hood in the air filter compartment they found a loaded gun wrapped in some cloth. My husband just put a down payment and obtained the vehicle from carmax less than 2 weeks prior and the registered owner change never took place because the car was towed and resold already. That being said neither of us spoke to the police. They charged me with the ammo and him with the gun and ammo in the gun, also I should probably mention that his federal conviction was a felon with a firearm that was orriginally purchased in another state, so a loophole basically. I feel like the traffic stop was made up because the officer searching practically went straight under the hood. Please advise on my next step. He got a public defender I have a conflict attorney. I was able to bond out, he is too with $50,000 and a house to put up, and theres no guarantee the feds will allow his release.

Plz make a video on case postponing after sentences

I got a pending case where a cop said I had a back license plate light out but he pulled me over from the front , he was in opposite lane and did a automatic U turn before he even seen my light was out , do I have a case ?

Yeah I just got downward departure on possession of firearm by ineligible last August and I just caught a new gun charge which they waited till few weeks ago charge me now I got complaint warrant I was involved in car accidents and was brought hospital before I went into amberulance police searched my backpack and "supposedly" found a handgun but I'm going challenge it when I turn myself in but is it possible they will try give me more then 60 months sense I already got downward departure on same charge ?

They don't just need Probable cause or Consent, they can also search under exigent circumstances. Don't forget Exigency

I caught 2 UPM violations in NY within 1 yr; I have court on the 30th. Will I have to do time?

In 2018, I was arrested for CCW in California. I was in a vehicle that was not mine nor was I driving. The officer said to the driver that the vehicle had illegal window tints. The officer asked the driver if the car was his because it had Nevada plates. He took the driver’s license and confirmed the vehicle was his. The officer then asked us two to three times if any one in the vehicle was on probation or parole(no one was). The officer retreated back to his vehicle for about 15 minutes without communication to anyone in the vehicle I was in. He walked back to the driver’s side and gave everyone back their ID’s. He then started questioning the driver’s viable hand/arm tattoos(making small talk). Two more officers showed up. Once the other two officers were in position(one behind the original officer and the other on the passenger side) the original officer asked if there was anything illegal in the car. The driver said no. The officer then says if he can “take a look around”. Keep in mind that at this point the officer put his hand on the driver’s door handle and the other two officers put their hands on their firearms. They power of intimidation on the driver which made the driver panic and ask why did he get pulled over. The officer responds “illegal smoked tail lights”.(Notice how he changed his response from the first time) The driver then responds “Oh alright”. The officer then opens the door from the outside(displaying a kind of force upon the driver). The driver then voluntarily exits the vehicle and as the officer cuffs him he says to the officer “I’m going to let you know right now there’s a weapon on the vehicle”. The other two officers then run to the passenger side and draw their fire arms on me. I put my hands up and they yank me out of the vehicle through the passenger window. They continue dragging me to one of the patrol cars (20-30 feet away). Where I was placed under arrest and read my rights. They say they need someone to say the firearm is theirs or else we all go to jail. I confess that the fire arm is indeed mine(which it was). I go to the station where they take my finger prints and dna swabs. Nothing comes back(this is my first offense ever). I then get told I’m going to be transported to county jail because CCW in California is a felony. So at this point I’m freaking out because I was born and raised in Nevada where there is no open carry restrictions, there are no magazine restrictions and there is no firearm registration(only suppressors need to be tagged) and yes I know it was my responsibility to know the gun laws of a state I NEVER live in. I get processed into county jail and my charges are as follows : 1. CCW ON PERSON (Felony) 2.CARRY LOADED FIREARM IN PUBLIC(Misdemeanor) 3. CCW ACTIVE CRIMINAL STREET GANG(Felony)(the officer filed me as a gang member for having an “LV” tattoo on my stomach which stands for Las Vegas) 4. CCW W/ LARGE CAPACITY MAG(Felony) 5. CCW LOADED / NOT OWNER(Felony)(hence; no registration for firearms in Nevada law). I spend a year fighting the case, ended up spending $21,000 on a lawyer alone during the whole process. About $5,000 more on travel expenses from Nevada to California(since the judge didn’t grant me the help of having my lawyer go to court without me). I end up only beating the large capacity magazine charge and the gang enhancement charge. I plead guilty to the rest of the charges. I plea for a deal of 3 years felony probation and 90 days home confinement. So now I’m a 21 year old felon( I was 18 at the time of arrest and 19 when I plead guilty) with two more years of probation left to complete. I no longer have my rights to bear arms anywhere for as long as I live.

In Connecticut my friend’s (felon) car was found crashed and police found a gun in it . The police went to his house and he told them he was car jacked and beat up . He was charged with Evading responsibility of accident but still not charged wit criminal possession . What might happen next ?

I live in Michigan my gun was registered to me I had it separated but not the proper way ...I was doing open carrier ...was wondering can i fight for anything other then probation due to it being registered to me ? Because now I have a ccw case

Just a hypothetical situation question. If you were to defend yourself in a criminal trial or represent yourself (pro se) in civil court, would you be able to be direct examined as a witness? If so why, because you wouldn’t be able to cross yourself?

If I was in somebody else's car and they found a gun in the globe Box and drugs can they charge me with it and if they never gave consent to search can they use it in court

Hey very important question do you think there’s still Vance for someone to take a gun possession to trail after they claimed they recovered dna but gun was found not on person. But In a closet on a house warrant

Alright bro, thanks for your response. I go to court this Feb 5th & will update you. Thanks again

in la a friend of mine was pulled over for not having rear license plate on. her partner came around and noticed a fire arm holstered on the floor that was later ruled it was loaded after the search. firearm under his name and they gave him a misdemeanor being his first offense. what should he do? and or what can the consequences be

Hi, my son was arrested in Michigan and charged with CCW bonded out the next day on 2500.00 bond judge and the paperwork only says CCW. I called the next day and they said he had two felony charges aggravated assault and CCW and that the charges did not have to be on the paperwork. I thought all charges have to be presented to the judge before bonds set

I have a situation where car pulled over for tints driver arrested for warrant and Suspended license. It’s my vehicle I’m in it also officers search vehicle and recover firearm in the trunk should I take the deal or fight it..

What about during a car accident ? What right do you have if the car is already stoped and the responding officers search your crashed car ?

I got one in ga after a cop stopped me walking at night and said someone called about a suspicious person walking down the street... while stopped I guess I put my hands in my pocket va couple times and the officer told me step forward he was gonna search me after I stated numerous times I didn't consent

In South Carolina a state trooper pulled up on someone who fell asleep in their brother’s car and the brothers gun was inside the center console. The state trooper said they got a call about a suspicious vehicle that’s why they approached the vehicle. The car was not running the person just fell asleep in the car waiting on their brother to pick the car up. The charge was unlawful possession of a pistol. Can the defendant win this case?

Hey what exactly constitutes a minor in possession of a firearm? If my mom was to say purchase a firearm for herself and store it on my bedside table and I happened to have a key would that be legal? Or would i be in illegal possession? I’m 16 years old have a clean record and am in California any response would be greatly appreciated

Can they search the trunk or a secured area?

Sir how much time would some get for misdemeanor misconduct and prohibited possession of a firearm?

Hey thank you for posting this. I’m currently fighting a gun possession by felon charge and the gun was in plain sight on the passenger seat but I was completely unconscious for hrs in the car. The police report clearly states that he tried to wake me up multiple times and I was unresponsive and when I finally came to he asked me if there was anything illegal in the car and I said no. he informed me of the firearm and I didn’t say anything else. would the prosecutor still be able to prove that I KNEW I was in possession of the firearm?

I want to know if a footage show you had a gun during a drive by n tried to protect others as a veteran but gun was a military blank no one get charged but the veteran because the drive by shooter got away. Court refuse to release him and never had a crimeral record. Why they didnt release him until he gets indicted? Is there a way to request another hearing for release?

Got pulled over for no plates. COVID, has appointment at dmv three days later. Cops asked why I’m nervous if anything is in car i said i have forearm . It was behind passenger seat not under. Legal carry county. Had conceal carry gift certificate but haven’t got it since closed from Covid. Got court case. Do i go public defender route? Thanks for the help hoping for a response ASAP.

It is usually legal to transport firearms, particularly going to or returning from a gun range, in Florida, fishing (you need to have valid license) or hunting. Google the laws, sometimes in a glove box or gun case, usually no ammo in the gun, maybe in magazine. 👍👍👍👍

I got a possession charge in in Madison County Arkansas. This is my first time ever getting in trouble never had a felony till now and they say that it was 26 g one it really was not 26 g and they want to give me RPF or are they just trying to scare mewhich one do you think am I gonna get RPF or will I get probation?

If a person is facing gun charges and haven’t been to court yet and the state picks up on it what can u do about it what should u do?

I was parked. The cops pulled behind me and came to my window. They saw the barrel of my shotgun in the back seat which was covered by a blanket. The cops arrested me and tried to get a felony UUW charge but the states attorney refused since I have my FOID card and the shotgun was unloaded. On the arrest report the cop stated that my Front windshield was obstructed (tinted window) And saw a shotgun on my front passenger floor board. Is there a way I can beat this? 1. My states law states that I am able to transport my gun if I am an FOID card holder which I am and that the gun must either be unloaded and enclosed in a case, or not easily accessible, or broken down in an inoperable state. 2. How can the cops determine my front windshield was obstructed if they pulled behind me while I was parked. They never Measured the tint level and the police are not experts in tinted windows. 3.why would the cop lie on the report and state the gun was in the front passenger floor board. 4. What are my defenses? Can I motion for a Frye hearing to dispute the officers testimony about the tints since he’s not an expert in tints and never measured the windshield? Can I get charges dropped and sue this officer for lying to get boost his career by lying to get quality arrest? He acted very recklessly with intent. I’m from Chicago.

Can my hubby be charged with possession just cause a neighbor claims to have heard shots but no gun no bullets or residue test. He been fightn a year la county! Any advice welcome

IT was so long ago i remember there was a pre trail and that was as far as it went was charged with misdemeanor charges after and was let go but I'm denied every time i try to practice my second amendment rights.. since then i got a certificate of relief but that does not help. still denial's . like i said this was at least 30 yrs now

Hey I need your opinion on my case I’m fighting as we speak, possession of a fire arm, but police just stopped me from walking to the store, I had fire arms inside my jacket but didn’t run or talk back I remained silent