Gun enhancement law
Two brothers ,non felons never arrested,busted by DEA for selling drugs..controlled buys of 10oz. 12oz. 24oz of Meth(crank). Searching one home feds found 5 unloaded hunting rifles locked in gun safe, again neither is a felon,and there father is the retired Police Chief in there city. Now the police are trying to use the drug enhancement law because there was a felony being committed ,sale of drugs,even though guns were not being used to committ crimes just present ...in locked cabinet. Is this right?
1 Answer from Attorneys
Re: Gun enhancement law
This is only a brief general response. It should not be relied upon for advice. Consult a criminal defense attorney who practices in federal court.
The issue will be whether there is some relation between the firearms and the drug trafficking activities. The guns only have to be available, not immediately or readily available. The guns do not even have to be in the same house as the drugs.
Whether the guns are related to the drug violations is a question of fact. The answer will depend on a number of factors (including the expertise of the prosecutor and the defense attorney).
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