Federal Firearm Charges Explained: What You Need to Know
Facing federal gun charges? Understanding your rights and legal options is the first step to protecting yourself.
When confronted with federal firearm charges, recognizing the gravity of the situation is essential. These charges can have significant and lasting impacts on your life and future. Whether you’re facing allegations or simply want to grasp the nuances of federal firearm laws, it’s vital to familiarize yourself with the various types of charges, their legal consequences, and the steps you can take to safeguard your rights.
What Are Federal Firearm Charges?
Federal firearm charges arise when an individual violates federal laws regarding firearms. These laws are governed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and can include a range of offenses, such as:
- Illegal Possession: Illegal possession of a firearm is a common federal charge. This includes owning a gun without a license or being a convicted felon in possession of firearms or ammunition. Individuals with felony convictions, those involuntarily committed to a mental institution, or those under restraining orders cannot legally own firearms. If caught in possession of a firearm or ammunition while prohibited, a person could face up to 10 years in prison.
- Possession of Firearms in Restricted Areas: Possessing a firearm in locations such as federal facilities, schools, or airports is strictly prohibited. If someone is convicted of this offense, they may face fines and imprisonment for 1 to 5 years.
- Using a Firearm in a Violent Crime: Using a firearm during a crime like robbery or assault leads to serious federal and state charges. The punishment for this crime ranges from at least 5 years to life imprisonment, with no chance of parole. If a death occurs due to the use of a firearm, the person could face the death penalty.
- Unlawful Sale or Transfer of Firearms: Selling or transferring firearms without a proper federal license is illegal. This includes private sales and transfers that fail to comply with federal regulations. The sentence for this offense can range from 1 to 10 years in prison.
- Firearm Trafficking: Firearm Trafficking involves the illegal movement and distribution of firearms, often on a larger scale, which can include smuggling across state lines or international borders or supplying firearms to criminal organizations. Individuals who violate this law may face fines, imprisonment for up to 15 years, or both.
- Firearm Theft: Stealing a firearm is considered a federal crime, regardless of the gun’s value. Federal law takes firearm theft seriously because stolen guns can be used in other crimes. If someone is found guilty of this crime, they could face up to 10 years in prison.
What Are “Prohibited Persons” Under Federal Firearm Laws?
Under 18 U.S.C. § 922(g), a “prohibited person” is someone who is legally barred from owning or possessing firearms or ammunition. This includes individuals who fall into one or more of the following categories:
- Convicted Felons – Anyone convicted of a felony offense is prohibited from possessing firearms or ammunition, regardless of the nature of the crime.
- Domestic Violence Offenders – Those convicted of domestic violence misdemeanors or subject to certain domestic violence-related protection orders.
- Fugitives – Individuals who are fugitives from justice (i.e., those with active warrants or who have fled to avoid prosecution).
- Drug Users and Addicts – People who are addicted to or use illegal drugs, including marijuana, are prohibited from possessing firearms and ammunition.
- People with Certain Mental Health Issues – Those who have been adjudicated as mentally ill or involuntarily committed to a mental institution.
- Illegal Aliens – Individuals who are not U.S. citizens or lawful residents.
- Dishonorable Discharge from the Military – Individuals who have been dishonorably discharged from the U.S. military.
- Persons Under Restraining Orders – Those who are subject to certain court orders or protection orders related to domestic violence or harassment.
The penalties for violating § 922(g) are severe, often resulting in federal charges that can carry significant prison time and hefty fines. The range of punishment is 0 to 10 years in federal prison in most federal firearm criminal cases.
CONSEQUENCES OF FEDERAL FIREARM CHARGES
Unlike state charges, which may have more lenient penalties, federal charges often result in harsher sentences. Individuals found guilty may face:
- Prison sentence: Federal firearm charges typically come with mandatory minimum sentences, meaning you are required to serve a specific amount of time in prison, regardless of your case’s circumstances.
- Fines: Violators face hefty fines, typically ranging from thousands to hundreds of thousands of dollars, depending on the offense.
- Pay restitution: In addition to fines, offenders may be ordered to reimburse victims for financial losses incurred due to the crime.
- Loss of gun rights: If you are convicted of a federal firearm charge, you will likely lose your right to own or possess firearms.
- Difficulty finding employment: A felony conviction for a federal firearm charge can make it difficult to find employment.
- Damage to reputation: A federal firearm charge can damage your reputation and make it difficult to obtain housing or loans.
Defenses and Exceptions to Federal Firearm Charges
Federal gun laws are complex; however, many defenses and exceptions to federal firearm charges exist. Violation of your constitutional rights during the seizure of firearms or other law enforcement conduct is the most widely relied on defense to the federal firearm charges detailed above. A Fierce Advocate and federal criminal defense attorney will be prepared to raise these and the following defenses and exceptions to your federal firearm charges.
- Duress Exception to Federal Firearm Charges: An exception exists where a person possesses a gun due to duress. Duress means the person was under an unlawful and imminent threat of serious bodily injury or death and was essentially forced to possess a weapon.
- Fourth Amendment: The Fourth Amendment prohibits unreasonable search and seizures. When this happens, an experienced federal criminal defense attorney can move to have certain evidence, such as the gun, excluded or suppressed from the evidence before the jury.
- The “Knowingly” Requirement: An important part of federal gun charges is that the defendant must have acted “knowingly.
What to Do if You Are Facing a Federal Firearm Charge
If you are facing a federal firearm charge, it is important to take immediate action. Here are some steps you should take:
- Do not speak to law enforcement without an attorney present.
- Contact an experienced criminal defense attorney as soon as possible. An attorney can advise you of your rights, help you navigate the complex legal system, and fight for the best possible outcome in your case.
Common Misconceptions
Many people hold incorrect beliefs about the scope and severity of these regulations. Let’s clear up some of the most common misconceptions.
Myth 1: Federal firearm charges are rare and only affect certain individuals.
Reality: Federal firearm charges are more common than many think, and anyone can be affected, especially in today’s complex legal landscape.
Myth 2: If I have a state license, I can carry firearms anywhere.
Reality: State laws and federal laws can differ significantly. A state license does not permit possession in federally restricted areas.
Myth 3: Only serious crimes lead to federal firearm charges.
Reality: Even minor offenses, such as possession of a firearm in a prohibited area, can result in federal charges.
Myth 4: Background checks are not necessary for private sales.
Reality: While laws vary by state, federal regulations require background checks for sales conducted by licensed dealers, and some states mandate checks for private transactions as well.
Myth 5: Once I’ve owned a firearm legally, I can keep it forever.
Reality: Legal ownership can be revoked under certain circumstances, such as a felony conviction or mental health issues.
Myth 6: Federal firearm laws are the same in all states.
Reality: Federal laws set a baseline, but each state can implement stricter regulations, which means what is legal in one state may be illegal in another.
Contact Cannon & Associates for Assistance With Federal Firearm Charges
Navigating federal firearm charges can be complex and daunting. Understanding the difficulties of federal regulations and your legal rights is crucial to safeguarding your future. If you are facing charges for illegal firearm possession or other federal firearm offenses, consulting with a skilled attorney can make all the difference.
At Cannon & Associates, we provide personalized legal representation tailored to your unique situation. Our team of experienced attorneys is committed to protecting your rights and guiding you through every step of the legal process. Call us today at (405) 358-4902 or reach out to us here to schedule a free case strategy session. Let us fight for the best possible outcome in your federal firearm case.