Federal Firearms Charges Lawyer

Federal Firearms Charges Attorney

If you’ve been charged with a federal weapons violation, be sure to contact a federal firearms charges lawyer. Sustaining a federal conviction not only poses the threat of serious penalties but can have long-term impacts, including the revocation of your Second Amendment right to keep and bear arms.

At the Law Offices of Barry M. Wax, we have extensive experience in handling a multitude of criminal defense cases. With a particular focus on helping clients dealing with complicated circumstances, including federal crimes, we are prepared to represent you no matter the charge. Speak with a defense attorney who will fight for your rights.

Federal Gun Laws Restricting Certain Firearms and Qualifying Gun Owners

The federal law regarding firearm possession does include a degree of restriction when regulating gun owners’ rights, specifically that of certain guns and weapons accessories. The National Firearms Act (NFA) of 1934 outlines which firearms are restricted from selling and owning unless a citizen carries out the appropriate registration requirements.

In order to purchase and own a firearm or device restricted under the NFA, you must submit to an extensive background check, buy a tax stamp for the manufacture of the weapon, and register the device/firearm with the ATF’s (Bureau of Alcohol, Tobacco, Firearms, and Explosives) NFA registry.

These strictly regulated weapons include shotguns with barrels measuring less than 18 inches in length (or modified shotgun weapons with this criteria or an overall length of less than 26 inches), rifles or weapons made from a rifle with barrels less than 16 inches in length (or less than 26 inches long overall for modified rifle weapons), machine guns, firearm mufflers and silencers, and certain other firearms described as “any other weapons.”

The Gun Control Act of 1968 added destructive devices to the list of NFA-regulated weapons/devices, which encompasses mines, bombs, grenades, etc. Under the Brady Handgun Violence Prevention Act of 1986, specified individuals are barred from owning or purchasing a firearm or ammunition, such as those who:

• Are a convicted felon (offender’s crime is punishable by a year or more in prison).
• Were convicted of a domestic violence-related misdemeanor.
• Are subject to a court restraining order involving an intimate partner, your child, or the partner’s child.
• Are underaged (must be aged 18 years or older to own a handgun and its ammunition for personal use; the licensed sale or transfer of handguns and long guns to persons under 21 and 18, respectively, is unlawful).
• Are fugitives evading arrest or prosecution.
• Currently illegally use or are addicted to a controlled substance.
• Have ever been committed to a mental institution or have a mental disorder/illness.
• Are undocumented or illegal immigrants residing within the United States unlawfully.
• Renounced their American citizenship.
• Received a dishonorable discharge from the US armed forces.

State Laws and Regulations for Firearms in Florida

Florida is perhaps known for its reputation of having liberal gun laws; the state has no requirements regarding licensing or registration. Florida law adds only three limits to gun ownership besides what the federal law outlines.

Violating any of these laws may result in you facing a state firearms charge. Federal or state gun offenses can also aggravate non-firearm state crimes and penalties when they involve a gun, from simple possession to brandishing or discharging.

The first is that gun ownership is not allowed for residents under age 24 who committed a juvenile crime that would’ve been a felony were they tried as adults. Additionally, Florida prohibits the selling of long guns to people under 21 and sets the minimum age of long gun possession as 18.

The second Florida gun law prevents any person who had adjudication withheld for a charge of domestic violence during the previous three years from owning a firearm. The law also prohibits a defendant who had adjudication withheld for a domestic violence crime and was sentenced to some penalties but was not formally convicted of owning a firearm.

The third state law prohibits the ownership of a firearm for any person with pending charges for a crime that would disqualify them from gun ownership under federal gun law.

FAQs

Q: What Is the Sentence for a Federal Gun Charge?

A: The sentence for a federal gun charge will usually include years of incarceration if you are convicted. Prison sentences will vary depending on the circumstances of the case, such as the offender’s criminal record, the type and severity of the weapons charge, and whether they are facing multiple crime charges at once.

Q: Why Do Feds Pick Up Gun Charges?

A: The reason federal officers might bring charges in a gun crime case is if a charge involves the violation of federal law because the offense falls under their legal jurisdiction. This includes possessing or selling an illegal firearm in addition to being in illegal possession of a gun or selling a gun to a person prohibited by law from owning one.

Q: Are Gun Crimes Federal Crimes?

A: Not all gun crimes are automatically federal crimes, as each state has its own laws concerning firearm regulation in tandem with the laws set by the federal government. If your firearms charge includes a violation of US gun laws, it’s likely for you to face federal gun charges rather than just a state offense. A conviction of a federal crime often entails more severe punishment.

Q: What Is the Most Common Gun Charge?

A: One of the most common gun charges is being found in possession of a firearm amidst another crime, specifically those involving controlled substances such as drug manufacture or distribution. These charges, in addition to being found with a gun during a violent crime arrest, can increase your prison sentence if convicted. In Florida, state crimes can be evaluated and sentenced as harsher crimes if they were committed with a gun.

If You’re Facing a Federal Firearms Violation, Consult a Gun Charges Defense Lawyer

Don’t face weapons offenses alone when a criminal lawyer can help you receive a lighter sentence or avoid conviction altogether. At the Law Offices of Barry M. Wax, our team of legal professionals is experienced in representing clients facing federal charges. Schedule a meeting with one of our skilled lawyers today.