What are Federal Gun Crimes?
Federal gun crimes refer to offenses related to the illegal possession, use, trafficking, or sale of firearms that violate federal laws in the United States. These crimes are prosecuted pursuant to federal statutes and can carry severe penalties. It is very important to note that in the wake of the United States Supreme Court’s Decision in Bruen, many if not all of these federal crimes are subject to Constitutional challenges pursuant to the Second Amendment. The Attorneys For Freedom Law Firm stays current on Second Amendment law and all possible Constitutional challenges to these federal statutes.
Some Examples of Federal Gun Crimes Include:
Felon in Possession of a Firearm: It is illegal for a person previously convicted of a felony, as well as certain misdemeanor crimes, to possess a firearm. This law is aimed at preventing individuals with a history of criminal behavior from having access to firearms.
Unlawful Sale or Distribution of Firearms: This includes the illegal sale, transfer, or distribution of firearms without the required licenses or in violation of federal laws. It may involve knowingly selling firearms to prohibited individuals, such as felons or persons with mental health issues.
Possession of a Firearm in a School Zone: With certain exceptions, federal law prohibits possessing a firearm within a certain distance of a school, typically within 1,000 feet. This law aims to enhance the safety of school environments and protect students.
Trafficking of Firearms: Trafficking refers to the illegal transfer or transportation of firearms across state lines or internationally. It involves buying firearms in one jurisdiction with lenient laws and selling them in areas with stricter regulations, contributing to illegal gun markets. If the firearm was manufactured in the same state as where the crime is alleged to have occurred, a valid defense may exist.
Possession of a Firearm During the Commission of a Federal Crime: If a person possesses or uses a firearm while committing another federal offense, such as drug trafficking or robbery, additional charges can be brought for possessing a firearm during the commission of that crime.
Straw Purchasing: This occurs when an individual purchases a firearm on behalf of someone else who is prohibited from owning a firearm, such as a convicted felon or a minor. It is illegal to knowingly make false statements or provide false information during the purchase process. This is often alleged to have occurred while filling out the federal form 4473 at the time of purchase.
Illegal Possession of Certain Types of Firearms: Certain firearms, such as fully automatic weapons or short-barreled shotguns, are regulated by federal law. Possessing these firearms without the necessary licenses or permits is a federal offense.
Penalties can Include:
Penalties for federal gun crimes can vary depending on the specific offense committed. The penalties are determined by federal laws and sentencing guidelines. Here are some common federal gun crimes and their potential penalties:
Possession of a Firearm by a Convicted Felon: It is illegal for individuals with felony convictions to possess firearms. The penalties for this offense can include imprisonment for up to 10 years, fines, or both.
Possession of a Firearm in Furtherance of a Drug Trafficking Crime or Violent Crime: If a firearm is possessed in connection with a drug trafficking offense or a violent crime, the penalties can be severe. The minimum mandatory sentence for this offense is often five years, and it can be increased to 25 years or more, depending on the circumstances.
Unlawful Sale or Transfer of a Firearm: Selling or transferring firearms without going through the proper channels, such as conducting background checks or adhering to licensing requirements, is illegal. The penalties for this offense can include imprisonment for up to 10 years, fines, or both.
Possession of a Firearm in a School Zone: It is generally illegal to possess a firearm within a school zone, with certain limited exceptions. The penalties for this offense can include imprisonment for up to 5 years, fines, or both.
Possession of a Firearm with an Obliterated Serial Number: Removing or altering the serial number on a firearm is a federal offense. The penalties for this offense can include imprisonment for up to 5 years, fines, or both.
What is a Federal Gun Crimes Attorney?
A federal gun crimes attorney is a lawyer who is highly experienced in defending individuals charged with federal offenses related to firearms. These attorneys have expertise in federal laws and regulations regarding firearms and focus on representing clients facing charges such as illegal possession or sale of firearms, possession of firearms by convicted felons, trafficking of firearms, or other federal gun-related crimes.
Federal gun crime attorneys handle cases that fall under federal jurisdiction, which means they involve violations of federal laws rather than state laws. These attorneys are familiar with the United States Code, which contains the federal laws governing firearms, such as the National Firearms Act (NFA), the Gun Control Act (GCA), and the Brady Handgun Violence Prevention Act.
Due to the seriousness of federal gun crimes and the potentially severe penalties involved, including lengthy prison sentences, fines, and loss of firearm rights, individuals charged with such offenses often seek the assistance of a federal gun crimes attorney to protect their rights and provide a strong defense. These attorneys investigate the charges, gather evidence, analyze legal strategies, negotiate with prosecutors, and advocate for their clients in federal court. We are also familiar with the experts necessary to effectively defend these types of federal gun crimes.
The lawyers at the Attorneys For Freedom Law Firm are admitted in federal court and have over three decades of experience representing countless clients charged with federal gun crimes. We are strong Second Amendment supporters and will fight for your gun rights. We will provide the best representation possible for people accused of federal gun crimes. To schedule a Strategy Session with an experienced federal gun crimes attorney, contact the Attorneys for Freedom today or call our Arizona office at 480-755-7110.
