The Bureau of Alcohol, Tobacco, Weapons and Explosives is responsible for looking into federal firearms offences (ATF). However, the “adoption” of a state or local law enforcement gun charge can also result in federal cases. The ATF may then take over the case for federal prosecution if you were to be arrested on state charges.
All parties engaged in the sale, acquisition, possession, or use of firearms, including gun makers, dealers, and owners, are subject to federal firearms laws. Everyone who deals with, manufactures, or imports firearms or ammunition must have the appropriate license, according to federal law. Making a false statement about any records needed for the licensing and purchase of firearms is also illegal.
Keep reading to learn more about federal firearm laws and charges. Contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
Federal weapons offenses that are frequently charged include
Possession of a firearm by a prohibited individual; use of a firearm in the commission of a violent crime or the buying or selling of drugs; illegal sale or transfer of a firearm; illegal alteration, destruction, or removal of a serial number; possession of an unregistered firearm; and straw purchase(s) of a firearm are all examples of illegal firearm possession.
The two offenses involving firearms that are most frequently prosecuted are (1) unlawful possession of firearms by a convicted felon and (2) firearms used in a violent or drug-related offense.
When possession of a firearm or ammunition is against the law
Some people are prohibited from owning a gun or ammunition. Certain kinds of people are prohibited from owning any firearms or ammunition by federal law. In particular, you are not allowed to own a gun or ammunition if you have a restraining order against you, have been convicted of a domestic violence crime, are a fugitive, use drugs illegally or are addicted to drugs, have previously been committed to a mental institution, are in the country illegally, or have renounced your citizenship.
You could face additional penalties if you use a firearm in the commission of a violent act or drug trafficking
Federal firearms violations that result from the use or possession of a gun during a violent crime or a drug trafficking violation can result in harsh punishments. A defendant faces a consecutive obligatory minimum prison sentence starting at five years in addition to the punishment received upon conviction of the primary charge.
Depending on how serious the situation is, that consecutive penalty might be increased. For instance, the consecutive required minimum sentence is increased to 7 years if the firearm is brandished or displayed during a violent crime or drug trafficking violation, and it is increased to 10 years if the gun is fired. The term can go up to a life sentence for repeat offenders who have used silencers or machine weapons in their crimes.
The government must demonstrate that the use or possession of the firearm was connected to a crime of violence or a drug trafficking felony in order to convict a defendant on this sort of allegation. Even the possession of the weapon by the defendant during the crime is not required.
Contact us today if you are facing federal drug charges
Reach out to Chambers Law Firm at 714-760-4088 now if you are facing federal drug charges and require the help of an experienced attorney.
