Expert: Robert P. Firriolo - 2/12/2008

Question
I have an unregistered gun and I would like to know under what circumstances would it be legal for me to use my gun. For example if I am being assaulted and shot someone in self-defense would I be convicted of a crime?

Answer
You do not indicate what state you live in, so it makes it impossible to definitively answer the question. Further, and as stated on the page where you asked this question, I cannot give out legal advice here and am not doing so now.

Generally speaking, most gun control laws, such as those that require registration or licensing, are separate from those concerning whether the use of a firearm is justified or not. That is, a prosecutor, grand jury, judge, or petit jury may find that your use of a firearm was justified and that you are therefore not criminally liable for a shooting. However, you could still be found guilty of possessing an illegal firearm.

One of the most famous cases where this happened was that of Bernhard Goetz, who shot four muggers on a New York City subway train in 1984. Though he was acquitted of the charges of attempted murder, he was convicted of criminal possession of a weapon in the third degree because he possessed a loaded handgun without a license.

In the hypothetical question you ask, assuming you were in New York State, possessed an illegal handgun, but shot somebody in justifiable self-defense, you could still be convicted of illegal gun possession. In fact, prosecutors in New York City make a point of prosecuting people in such cases, "to send a message" that illegal guns "will not be tolerated."