Fighting Federal Gun Charges

The right to bear arms: it’s a basic right guaranteed by the Fifth Amendment of the Constitution. Even so, that doesn’t mean anything goes when it comes to firearms. There are more than a few restrictions related to guns in this country, and federal weapons charges can be especially harsh because many of these charges carry mandatory minimum sentences. The assistance of an experienced La Plata criminal defense attorney can help individuals facing such charges to fight for the best possible outcomes.

Penalties

The Armed Career Criminal Act carries mandatory minimums if a firearm was used during drug trafficking or violent criminal activity. And under federal law there are mandatory minimum sentences of 15 years for anyone who has three or more previous violent felonies or drug convictions. The average sentence for all offenders is 12 ½ years, though first offenders typically serve sentences that range from five years to life sentences. Clearly, a conviction on federal gun charges can lead to serious time behind bars.

Multiple Possible Offenses 

Without question, federal gun charges can lead to serious consequences.  But what constitutes a felony offense? Some that are frequently prosecuted include:

• Possession of an unregistered firearm: Federal law requires that guns be licensed.
• Possession of Illegal firearms: This includes the illegal manufacture or sale of short-barreled shotguns, machineguns, and silencers.
• Possession of a firearm: by a prohibited person: Drug users, convicted felons, fugitives, and those who’ve been convicted of domestic violence, are prohibited from owning or carrying guns.
• Straw purchasing or making false statements to purchase firearms: It is illegal to buy these weapons for someone who is prohibited from having them. Deception on official forms or the alteration of a weapon’s serial number could result in significant penalties.
• Possession of a firearm during the commission of a violent felony or while participating in drug trafficking: Possessing, carrying, or otherwise using a firearm in these situations can dramatically increase penalties for the original offenses.
• Trafficking in firearms: Buying, selling, or transporting guns or ammunition across state or international borders without a license could result in charges.
• Dealing in firearms sales without a license: It is illegal to operate a firearms/ammunition business without a license.

Potential Defenses

Defense attorneys have multiple options when defending these kinds of gun charges:

• The arrest violated your Constitutional right to bear arms;
• There was no probable cause or warrant to authorize a search, so the seizure was unlawful and the entire case should be dropped.
• You were defending yourself or someone else, thus justifying your actions;
• The weapon was discovered in a shared space, so linking it to you was a stretch.

Defending Your Rights 

If you are facing federal gun charges, your life could be turned upside down in no time. Now, more than ever, you need a resourceful and creative criminal defense attorney fighting to defend your liberty. To discuss, schedule a confidential consultation with the team at The Law Office of Hammad S. Matin, P.A. today.

Source:

ussc.gov/research/research-reports/mandatory-minimum-penalties-firearms-offenses-federal-system