Weapons and Pro Athletes


March 19, 2009
By Stephen G. Rodriguez, Attorney at Law on March 19, 2009 8:57 AM |

Recently, almost every week seems to bring a news story about another pro athlete being charged with illegal possession of a firearm. In February, Marshawn Lynch of the Buffalo Bills football team was charged with felony possession of a firearm here in California. New York Giants wide receiver Plaxico Burress accidentally shot himself in the thigh at a New York night club in November of 2008 and was charged with felony possession of a weapon.

In addition to the criminal charges he faced, Burress was suspended from playing for the Giants the remainder of their season for violating the NFL's weapons possession policies. A 2006 article in the Boston Globe listed several professional athletes, including basketball player Shaquille O'Neal, NFL standout Daunte Culpepper and New York Yankees pitcher Carl Pavano, as licensed gun owners. Very few states make public their lists of licensed firearm owners, so there really is no way to tell how many professional athletes carry a gun, whether legally or illegally.

In that same article by the Boston Globe, New England Patriots receiver Jabar Gaffney commented that as many as 90% of the players in the NFL own a firearm, while an anonymous NBA official estimated gun ownership (again, legally or otherwise) to be "closer to 100 percent than 50." While the right to bear arms is protected by the Second Amendment to the Constitution, gun control laws can severely restrict when and where you can bear that weapon and incur a stiff penalty if you get caught with a gun in the wrong place.

In California, possession of a firearm is allowed only if you have a permit or have otherwise registered it. Those with prior felony convictions, known drug addicts, former or current mental patients, or anyone acquitted of a crime based on a plea of insanity are not allowed to possess a gun. Certain misdemeanor convictions require a 10-year waiting period before the purchase of a firearm is allowed. A minor under the age of 16 is never allowed to own a gun, though they may use them for recreational activities if accompanied by a parent or guardian.

Carrying a concealed weapon without a license is illegal, as is concealing a firearm in a vehicle without a license. California takes weapons possessions very seriously and the penalties usually include jail or prison time, heavy monetary fines and a permanent criminal record that can limit your future job or housing prospects. An experienced Los Angeles criminal defense attorney knows how complicated weapons possession cases can be and will carefully look through the details of your case to search for the best possible outcome for you. If you have been charged with illegally possessing a weapon, call the attorneys at Rodriguez, Lewis & Kahn to begin preparing your defense immediately.