When North Carolina police search a residence, automobile or person, they may confiscate items they suspect are evidence of a crime. In a recent alleged drug bust, police seized an unusual item. They later said that such items are not necessarily illegal for people to possess.
Investigators claim a toy gun was actually a real gun
When police enter a home, especially one where children live, it is not uncommon to see toys lying around. During a recent raid, deputies say they took what appeared to be a toy NERF gun into custody after realizing it was a modified Glock 19 pistol with a 50-round drum magazine. Police noted that they usually have no way of immediately determining whether an apparent firearm lying around or being pointed at them is real or a toy.
Can someone be criminally charged for modifying a gun to look like a toy?
A police officer who spoke about the incident said that police officers generally have concern about such items but they are not necessarily illegal to possess. Investigators also stated that while they have encountered situations where toy guns were brandished to look like real guns, they had never before seen a real gun modified to look like a toy. In North Carolina, a person does not need a permit to openly carry a firearm; a permit is only needed for a concealed carry.
Protecting one’s rights when facing criminal charges
If a North Carolina resident is arrested and charged with a drug crime or a firearms violation, it is critical that he or she fully understand his or her rights, particularly those rights that are protected under the Fourth and Second Amendments of the U.S. Constitution. It is helpful to discuss one’s case with someone who is well-versed in state and federal laws before heading to court. This is a logical first step to take to determine what type of defense strategy would best fit a specific set of circumstances when criminal charges have been filed.
