Gilbert Arenas Gun Incident: How Serious is the Gun Charge Anyway?

Most of us wonder just how much trouble Gilbert Arenas might be in for his recent gun situation. Well, I became curious and spoke to some legal minds I could trust. Near the top of the list was Elliot Millner, Legal Adviser for the YBW Coalition. In his commentary on the Gilbert Arenas gun situation, Millner stated that, "It is still very early in the criminal investigation of Gilbert Arenas, and many facts are still unclear, however Arenas could be in some trouble. First, Arenas has prior gun-related charges, having plead no contest to a misdemeanor charge of illegally possessing a concealed weapon while in California in 2003. Also, Arenas not only has D.C. authorities to answer to, but possibly Virginia police as well, given that he transported his guns from Virginia into D.C."

If you want to see the legal code for yourself, here it is:

As listed in the DC Official Code § 7-2507.06, any person who violates any provision of this Act shall, upon conviction, be fined not more than $1,000 or be imprisoned for not more than one year, or both, except that:

A person convicted of knowingly possessing restricted pistol bullets in violation of § 7-2506.01(3) may be sentenced to imprisonment for a term not to exceed 10 years and shall be sentenced to imprisonment for a mandatory-minimum term of not less than 1 year and shall not be released from prison or granted probation or suspension of sentence prior to serving the mandatory-minimum sentence, and, in addition, may be fined an amount not to exceed $10,000. Additional penalties may apply. (See Part IV, Sections 1 and 6 of this guide.)

Storage of firearms:

Policy: It is recommended that each registrant keep any firearm in his or her possession unloaded and either disassembled or secured by a trigger lock, gun safe, locked box, or other secure device.

Criminal Offense: The law requires that no person shall store or keep any loaded firearm on any premises under his control if he knows or reasonably should know that a minor under the age of 18 is likely to gain access to the firearm without the permission of the parent or guardian of the minor unless such person:

Keeps the firearm in a securely locked box, secured container, or in a location which a reasonable person would believe to be secure; or Carries the firearm on his person or within such close proximity that he can readily retrieve and use it as if he carried it on his person. Penalties:

A person who violates subsection (b) of this section is guilty of criminally negligent storage of a firearm and, except as provided in paragraph (ii) of this subsection, shall be fined not more than $1,000, imprisoned not more than 180 days, or both. A person who violates subsection (b) of this section and the minor causes injury or death to themselves or another shall be fined not more than $5,000, imprisoned not more than 5 years, or both.

The provisions of paragraphs (i) and (ii) of this subsection shall not apply if the minor obtains the firearm as a result of an unlawful entry to any premises by any person.

Millner had this to say as well:

"It has been reported that all of Arenas' handguns were unloaded, however we do not know if Arenas stored any bullets in his locker also, which could lead to more charges. Some commentators have discussed the idea of Arenas being charged with assault with a deadly weapon, however given the statements made by most who observed the incidents in question, I see that as highly unlikely. The act of Arenas removing the guns from the locker and placing them out in the open (even if unloaded) could be problematic for him as well."