Illegal Discharge of a Firearm 

Defending Your Second Amendment Rights in Honolulu

Hawaii has some of the strictest firearm laws in the United States, and a charge for the illegal discharge of a firearm can have severe legal consequences. Whether the incident was an accident, a case of self-defense, or a misunderstanding, facing criminal charges can be overwhelming. At The Law Office of Kevin O'Grady, LLC, we are committed to protecting your rights and ensuring you receive a strong legal defense.

Do you have a Second Amendment rights issue? Contact my office at (808) 707-7479 for a free consultation with me as a Hawaii firearms rights attorney.

What Constitutes Illegal Discharge of a Firearm in Hawaii?

Illegal discharge of a firearm refers to the unlawful firing of a gun in certain locations or under prohibited circumstances. This charge can arise from various situations, including:

• Discharging a firearm in a prohibited area, such as within city limits or near a school zone
• Reckless or negligent use of a firearm, leading to endangerment of others
• Firing a weapon while under the influence of drugs or alcohol
• Using a firearm in an altercation where self-defense cannot be established
• Accidental discharges that cause property damage or injury

Depending on the circumstances, a charge can range from a misdemeanor to a felony, with potential penalties including heavy fines, jail time, and loss of firearm rights.

Legal Defenses for Firearm Discharge Charges

If you are accused of illegally discharging a firearm, there are several potential defense strategies that may be applicable to your case:

• Self-Defense: If you discharged your firearm to protect yourself or others from imminent harm, we will work to prove that your actions were legally justified.
• Lack of Intent: Accidental discharges, particularly when no one was harmed, may not meet the threshold for criminal intent.
• False Accusations: Mistaken identity, misleading evidence, or wrongful accusations can lead to unjust charges, and we will investigate every detail to challenge the prosecution's claims.
• Unlawful Search and Seizure: If evidence was obtained illegally or without a warrant, it may be possible to have the charges dismissed.
• Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that you committed an illegal act. If the evidence is weak or circumstantial, we can argue for case dismissal.

Potential Penalties for Illegal Firearm Discharge

The penalties for illegally discharging a firearm in Hawaii depend on the severity of the case, prior offenses, and whether anyone was harmed. Possible consequences include:

• Misdemeanor Charges: Fines up to $2,000 and up to one year in jail
• Felony Charges: Fines exceeding $10,000 and potential imprisonment for several years
• Loss of Firearm Ownership Rights: A conviction may lead to the revocation of your right to own or possess firearms
• Probation or Community Service: Alternative sentencing options may be available in certain cases

How The Law Office of Kevin O'Grady, LLC Can Help

Attorney Kevin O'Grady is a dedicated advocate for gun rights and an experienced criminal defense lawyer. Our firm provides:

• Personalized legal strategies tailored to your case
• Aggressive defense in negotiations and court proceedings
• Protection of your constitutional rights, including the Second Amendment
• Guidance on firearm laws and compliance to prevent future legal issues

If you are facing firearm-related charges, do not leave your defense to chance. Contact us today for a consultation.

Contact a Hawaii Gun Rights Lawyer Today

If you or a loved one is facing charges for the illegal discharge of a firearm, the time to act is now. At The Law Office of Kevin O'Grady, LLC, we are committed to defending your rights and fighting for the best possible outcome in your case.

Call us today for a confidential consultation and let us help you protect your future.

Do you have a Second Amendment rights issue? Contact my office at (808) 707-7479 for a free consultation with me as a Hawaii firearms rights attorney.

Frequently Asked Questions

Is it illegal to fire a gun on private property in Hawaii?

Yes, in many cases. Hawaii law prohibits discharging a firearm in residential areas or near roads, unless legally justified, such as in self-defense or with specific permits.

What should I do if I am charged with illegal firearm discharge?

Remain silent and do not speak to law enforcement without legal representation. Contact an experienced gun rights lawyer immediately to protect your rights.

Can I lose my firearm license if convicted?

Yes, a conviction for illegal firearm discharge can result in the revocation of your firearm permit and may prevent you from legally owning firearms in the future.

Can I claim self-defense in a firearm discharge case?

Yes, if you can prove that the firearm was discharged to prevent imminent harm or in response to a direct threat. A strong legal defense is crucial to establishing this claim.

How can a lawyer help with my case?

A skilled defense attorney can challenge evidence, negotiate plea deals, and present strong arguments in court to reduce or dismiss charges.