If you are facing a federal firearms charge you should know those federal firearm laws are complex and they also come with potentially harsh penalties. Call 817-203-2220 for a free consultation.
We have extensive experience representing clients facing federal firearms charges. Our knowledge and experience in the area provide us with the tools to develop a strategy to navigate these cases and achieve the best possible outcome.
We will work hard to ensure your rights are protected and that your case is brought to a favorable resolution for you.
Click to contact: Federal Gun Charges
Types of Federal Gun Cases We Defend
Selling Guns without a License
Federal laws regulate gun sales based on licensing requirements and upon limiting the transportation of guns across state lines. For example, it is considered illegal under federal law to sell guns across state lines without a proper license. This crime is punishable by up to five years in prison.
Even deals with the proper licensing also have to be careful as certain sales are criminalized under federal law. An example would be selling a rifle or shotgun to a minor under 18 years of age. There are also restrictions on the types of guns that can be sold. For example, licensed dealers cannot sell machine guns or “destructive devices.”
“Straw Purchasers” and Making False Statements
It is a federal crime for a gun buyer to make a false statement or misrepresent his or her identity to a firearms dealer when buying a gun.
As buying a gun often requires filling out paperwork, it is important that gun buyers disclose all relevant information and take care not to make any misrepresentations to the dealer or the government. The consequence of failing to do so can include a fine and up to a 10-year prison sentence.”
Altered or Removed Firearm Serial Number
A person who knowingly delivers, transports, or possesses a gun that has an altered or removed serial number can be convicted of violating federal law and punished with an up to five year prison sentence.
Possession of a Machine Gun
Machine guns, which are defined as weapons with the capacity to automatically shoot more than one shot by a single pull of the trigger, are illegal for civilians to own without a special license. Violation of this law can be punished with a mandatory minimum sentence of 30 years.”
Possession of a Firearm in a School Zone
It is illegal under federal law for an individual to possess a firearm in a school zone. Violators can be fined and sentenced up to five years in prison.
Possession of a Stolen Firearm
It is illegal under federal law for any person, licensed or unlicensed, to transport or possess a stolen gun or stolen ammunition, as long as the person knows the gun is stolen. Punishment for violating this law can include a fine and a prison sentence up to 10 years in length.
Possession of a Firearm by a Convicted Felon
All of the following are banned under federal law from possessing a firearm:
- Fugitives from justice, meaning anyone who has fled any state to avoid prosecution
- Drug addicts and drug users, as defined in the Controlled Substances Act
- The mentally ill or anyone committed to a mental institution
- Illegal immigrants
- Anyone who has been dishonorably discharged from the Armed Forces
- Anyone convicted of a misdemeanor crime of domestic violence
- Violators of federal law can receive up to a ten-year prison sentence.
Using or Carrying a Firearm during a Crime of Violence or Drug Trafficking Crime
Anyone who uses a gun while committing another crime faces harsh penalties. For example, depending on the type of gun and how it was used during a violent or drug trafficking crime, a person could face charges such as:
- Minimum five-year sentence for the possession of a gun during the crime;
- Minimum seven-year sentence for “brandishing” a gun during the crime;
- Minimum 10-year sentence if a gun is discharged during the crime;
- If the gun is a short-barreled rifle or shotgun, the minimum sentence is 10 years;
- If the gun is a machine gun or a “destructive device,” the minimum sentence is 30 years
If you are facing a federal firearms charge, call us. We are experienced in creating an intelligent and effective defense based on the rules of evidence, the U.S. Constitution and more.
They will carefully examine your case and will work closely with you to protect your rights. Remember, the government bears the burden of proof for proving every element of an offense.
Federal Gun Charges
Federal Gun Charges harges under 18 USC 922, 924 or 26 USC 5861
18 USC 922a1A – Unlawfully engaging in the business of firearms
18 USC 922a1B – Unlawfully engaging in the business of ammunition
18 USC 922a2 – Unlawful transfer to another by a licensee
18 USC 922a3 – Unlawful interstate transfer or receipt of a firearm
18 USC 922a4 – Unlawful interstate transfer of any destructive device, machine gun
18 USC 922a5 – Unlawful transfer of firearm to one who resides out-of-state
18 USC 922a6 – False/Fictitious statements in order to acquire a firearm/ammunition
18 USC 922a8 – Unlw sale/delivery of armor piercing ammunition by an importer or mfg.
18 USC 922a9 – Unlawful receipt of a firearm by one does not reside in any state
18 USC 922b1 – Unlawful sale or delivery of a firearm to a juvenile
18 USC 922b2 – Unlawful sale or delivery in violation of state law
18 USC 922b3 – Unlawful sale or delivery to an out of state resident
18 USC 922b4 – Unlawful sale or delivery of a destructive device, machine gun
18 USC 922b5 – Unlawful sale or delivery without proper record keeping
18 USC 922c – Unlawful sale to a person who does not appear in person
18 USC 922d1 – Unlawful sale to a felon or one under felony indictment
18 USC 922d2 – Unlawful sale to a fugitive
18 USC 922d3 – Unlawful sale to a drug addict
18 USC 922d4 – Unlawful sale to a person with mental restrictions
18 USC 922d5A – Unlawful sale to an alien who is unlawfully in the United States
18 USC 922d5B – Unlawful sale to an alien admitted to US under a non-immigrant visa
18 USC 922d8 – Unlawful sale to person subject to a court order
18 USC 922d9 – Unlawful sale to person convicted of misdemeanor domestic violence
18 USC 922e – Unlawful use of common/contract carrier to ship firearm or ammunition
18 USC 922f1 – Unlawful shipment by carrier knowing shipment was in violation of law
18 USC 922f2 – Unlawful shipment by carrier for failure to obtain an acknowledgment
18 USC 922g1 – Unlawful shipment, transfer, receipt, or possession by a felon
18 USC 922g2 – Unlawful shipment, transfer, receipt, or possession by a fugitive
18 USC 922g3 – Unlawful shipment, transfer, receipt, or possession by a drug addict
18 USC 922g4 – Unlawful possession by a person with mental restrictions
18 USC 922g5A – Unlawful possession by an Alien unlawfully in the United States
18 USC 922g5B – Unlawful possession by Alien admitted to U.S. under non-immigrant visa
18 USC 922g6 – Unlawful possession by person dishonorably discharged from Armed Force
18 USC 922g7 – Unlawful possession by person who renounced United States citizenship
18 USC 922g8 – Unlawful possession by a person subject to a court order
18 USC 922g9 – Unlaw possession by person convicted of misdemeanor domestic violence
18 USC 922h1 – Receive/possess/transport firearm in or affecting interstate commerce
18 USC 922i – Transportation or shipment of a stolen firearm or ammunition
18 USC 922j – Receipt or possession of a stolen firearm and ammunition
18 USC 922k – Unlawful receipt/possession of firearm with obliterated serial number
18 USC 922l – Unlawful transportation or receipt of imported firearm
18 USC 922m – False entry of statements by a licensee
18 USC 922n – Unlawful transportation or receipt by a person under felony indictment
18 USC 922o1 – Unlawful possession of a machine gun
18 USC 922p1A – Poss/involve w/firearm where removal of access, avoid detect by x-ray
18 USC 922q2A – Unlawful possession of a firearm in a school zone
18 USC 922r – Unlawful assembly of semi-automatic rifle/shotgun from imported parts
18 USC 922s – Interim Brady violation by a licensee
18 USC 922t – Violation of national instant check system by a licensee
18 USC 922u – Theft from a licensee inventory
18 USC 922w1 – Unlawful possess/transfer of large capacity ammunition feeding device
18 USC 922x1A – Unlawful sale or delivery to a juvenile of a handgun
18 USC 922x1B – Unlawful sale or delivery to a juvenile of ammunition for a handgun
18 USC 922x2A – Unlawful possession by a juvenile of a handgun
18 USC 922 – subsection not specified
18 USC 924a1A – False Firearm Records
18 USC 924a1C – Knowingly import/bring in US or have possession of firearm/ammunition
18 USC 924a3 – A False statement or representation by a licensee in required records
18 USC 924a3A – False statement or representation by a licensee in required records
18 USC 924b – Knowing felony to be committed transports/receives firearm or ammun
18 USC 924c – Use/carry of firearm during crime of violence/drug trafficking offense
18 USC 924c1Ai – Use/carry/possess firearm during commission federal crime of violence
18 USC 924c1Aii – Brandishing a firearm during commission of a federal crime of violence
18 USC 924c1Aiii – Discharge a firearm during commission of a federal crime of violence
18 USC 924d – Firearms forfeiture
18 USC 924g – Interstate/foreign travel to acquire firearm to engage in crim offense
18 USC 924h – Transfer of firearm knowing the firearm will be used to commit a crime
18 USC 924j – Violates Section 924(c) and causes the death of a person
18 USC 924l – Stealing a firearm which is moving in interstate or foreign commerce
18 USC 924m – Stealing a firearm from license importer/manufacturer/dealer/collector
18 USC 924n – Intent to violate Section 922a1A travel from any state/foreign country
18 USC 924o – Conspiracy to commit a violation of 924(c)
18 USC 924 – subsection not specified
26 USC 5861a – Engage in business of mfg/importer/dealer of firearms w/o proper tax
26 USC 5861b – Receive or possess firearm transferred in violation of Title 26, Ch.53
26 USC 5861c – Receive or possess a firearm made in violation of Title 26, Ch.53
26 USC 5861d – Receive/possess firearm not register in National Firearm Registration
26 USC 5861e – Transfer of a firearm in violation of Title 26, Ch. 53
26 USC 5861f – Making a firearm in violation of Title 26, Ch. 53
26 USC 5861g – Obliterate, remove, change, or alter the serial number of a firearm
26 USC 5861h – Receive/possess firearm having serial no. obliterated/removed/altered
26 USC 5861i – Receive or possess firearm which is not identified by serial number
26 USC 5861j – Transport/deliver/receive firearm which has not been registered
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