Federal Weapons Charges: An Informational Guide
Federal weapons charges refer to crimes involving the illegal possession, use, or trafficking of firearms and ammunition under federal law. These charges carry severe penalties, including long mandatory minimum prison sentences. This article provides an informational overview of key federal gun laws and typical charges, penalties, and defenses.
Common Federal Gun Crimes
There are many federal statutes that regulate firearms, but some of the most commonly charged federal weapons offenses include:
Possession of a Firearm by a Prohibited Person
This charge, under 18 U.S.C. Section 922(g), makes it illegal for certain categories of individuals to possess any kind of firearm or ammunition. Prohibited persons include felons, fugitives, those convicted of domestic violence misdemeanors, and those subject to certain restraining orders, among others. Penalties can include up to 10 years in prison.
Possession of an Unregistered Firearm
The National Firearms Act requires the registration of certain types of firearms, like machine guns, short-barreled rifles, silencers, and destructive devices. Possessing one of these firearms without proper registration carries up to 10 years in prison under 26 U.S.C. Section 5861.
Trafficking in Firearms
Under 18 U.S.C. Section 922(a), it’s illegal to knowingly transfer a firearm to a prohibited person or to engage in the business of dealing firearms without the proper license. Penalties can include up to 5 years in prison. Those who smuggle firearms across state or national borders face even stiffer penalties.
Using a Firearm During a Drug Trafficking Crime or Crime of Violence
18 U.S.C Section 924(c) provides sentencing enhancements for using, carrying, or possessing a firearm in connection with a violent crime or drug trafficking offense. This carries a mandatory minimum 5-year prison sentence, running consecutively to the sentence for the underlying crime.
Penalties for Federal Gun Crimes
The penalties for federal firearms offenses vary but are generally severe. Even simple possession of a firearm by a prohibited person carries up to 10 years in prison under federal law. Trafficking offenses or use of a weapon during a violent crime can result in decades-long sentences.
Federal gun cases almost always lead to prison time if convicted. The judge determines the final sentence based on factors like the defendant’s criminal history and the nature of the offense. Mandatory minimum sentences restrict the judge’s discretion for certain offenses. Prosecutors can also try to increase sentences by bringing multiple charges.
In addition to imprisonment, federal gun crimes may also result in massive fines up to $250,000 per count. Supervised release, fees, and forfeiture of assets are also potential consequences.
Defending Against Federal Weapons Charges
The severe penalties make it critical to have an experienced federal criminal defense attorney when facing gun charges. An attorney can carefully examine the evidence and identify any legal defects in the prosecution’s case.
Here are some examples of strategies attorneys use:
- File suppression motions arguing evidence was obtained through an illegal search or seizure in violation of the 4th Amendment. This can sometimes get evidence thrown out.
- Challenge the prohibited status if the charge involves possession by a prohibited person. There may be issues with the underlying predicate conviction.
- Raise evidentiary challenges contesting the proof regarding possession or use of the firearm. Eyewitness testimony can often be unreliable.
- Make legal arguments about the required mental state or intent elements needed to convict. The prosecution has the burden of proving every element beyond a reasonable doubt.
- Negotiate plea agreements to lesser charges in exchange for a guilty plea if the evidence is very strong. This can help mitigate sentencing exposure.
- Present mitigating factors at sentencing after conviction or plea agreement to advocate for the lowest possible prison term under the sentencing guidelines.
The complexity of federal criminal law provides skilled firearm defense attorneys with openings to build strategies challenging the government’s charges. But it is critical to act fast and have an experienced lawyer on your side early on.
Conclusion
Federal prosecutions for weapons violations are intense, and the penalties are severe even for first-time offenders. The complex federal firearms statutes create many opportunities for well-meaning people to get crosswise with the law. Anyone facing potential gun charges should immediately consult with a federal criminal defense lawyer to protect their rights. An experienced attorney can carefully examine the case and identify defenses that could lead to reduced charges or even dismissal. With so much at stake, skilled legal representation provides the best chance to mitigate consequences.