Protecting Your Rights and Freedom
Although the Second Amendment affords citizens the right to bear arms, that right is regulated by various state and federal laws. They are harshly prosecuted and punished. If you have been accused of a firearm offense, you could be looking at jail or prison time and steep fines. Rather than going your case alone and attempting to navigate the complexities of the criminal justice system yourself, seek skilled representation from a dedicated and aggressive Honolulu firearms attorney.
At The Law Office of Kevin O'Grady, LLC, I have over 25 years of experience practicing law and know what it takes to get charges dropped or cases dismissed. When you retain my services, I will be by your side throughout the process, providing sound legal advice and guidance. The prosecution will use all of their resources to prove you committed the alleged offense and land a conviction. I will level the playing field by putting my knowledge and skills to work for you. Building a solid legal strategy is about understanding every aspect of your circumstances and identifying holes in the other side's case, and I will examine every detail to develop a strong defense on your behalf.
“My experience with Mr. O'Grady and his team was above and beyond. Communication was on point and everything was handled in a professional and timely manner. His success rate definitely reflects his knowledge and confidence. I could not imagine having gone through the case without him by my side.”
Hawaii has various laws regarding purchasing, possessing, and storing firearms, among others. You are expected to adhere to these statutes; failure to do so could result in a gun crime charge, and you could be facing severe penalties.
I, Attorney Kevin O'Grady, understand how frightening it can be to be accused of violating the law, which is why I am committed to providing superior legal representation every step of the way.
I handle various firearm offenses, including:
- Providing false information to obtain a gun (H.R.S. § 134-17): Attempting to get a weapon by giving incorrect information on application forms is a misdemeanor. Unless the false information was regarding mental health or criminal history. Then, the offense is a class C felony.
- Using a firearm to commit a felony (H.R.S. § 134-21): If a person has a gun on them while committing a felony, or if they threaten to use a weapon during the offense, they could be charged with the underlying crime as well as having a gun on their person. This is a class A felony.
- Improperly storing firearms (H.R.S. § 134-25): Failure to store properly is a class B felony.
- Failing to report a lost or stolen firearm (H.R.S. § 134-29): If a person loses their gun or it has been stolen they must report that within 24 hours of discovering the loss or theft. If they do not, they can be charged with a petty misdemeanor or misdemeanor.
- Carrying a firearm on a public highway (H.R.S. § 134-26): Unless licensed to do so, a person cannot have a loaded gun on them or in their car while on a public highway. A violator can be charged with a class B felony.
- Unlawfully owning a firearm (H.R.S. § 134-7): Certain people are prohibited from possessing guns. If they purchase or acquire a weapon, they could be charged with a misdemeanor or felony.
- Altering the serial number of a firearm (H.R.S. § 134-10): If a person willfully removes identification markings from a gun, they face a misdemeanor charge.
What Are the Penalties for a Firearm Offense?
Just as there are several different gun laws, there are also various penalties you could face for a conviction. For instance, if you are found guilty of falsifying information to obtain a gun, you could spend 1 year in jail for this misdemeanor offense. The penalties increase for felony-level convictions. For example, carrying a firearm during the commission of a felony is a class A felony that carries a prison sentence of up to 25 years.
At The Law Office of Kevin O'Grady, LLC, I can answer any questions you might have about the charges you're facing and your legal options.
Hawaii's Red Flag Law
Beginning in January of 2020, Hawaii's extreme risk protection order (ERPO) law went into effect. This statute, commonly referred to as a red flag law, permits family members, law enforcement officers, colleagues, or mental health professionals to petition Family Courts for a protective order against a person they believe is a danger to themselves or others because they possess a firearm. If the order is granted, the person's firearms are temporarily removed, and they cannot purchase a new gun for days to a year.
If an extreme risk protection order is being sought against you, allow me to provide the defense you need to fight allegations and protect your gun rights.
Contact The Law Office of Kevin O'Grady, LLC
If you need effective legal counsel to challenge firearm offense accusations or a red flag petition in Honolulu, reach out to my firm today. I am ready to provide the aggressive and personalized representation you need.