Facing federal weapons charges can be overwhelming and can lead to severe consequences, including lengthy prison sentences. Federal firearms laws are strict and apply to everyone involved in the sale, possession, or use of firearms. These laws are enforced by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), but state gun charges can also escalate to federal cases.
In this blog, we’ll explore federal firearms laws, common offenses, and how an experienced federal defense attorney can help you fight these charges. Contact Chambers Law Firm at 714-760-4088 for a legal consultation with a federal defense attorney.
Common Federal Firearms Offenses
Federal firearms offenses encompass a wide range of illegal activities involving guns. Some of the most common federal weapons charges include:
- Possession of a firearm by a prohibited individual
- Use of a firearm in the commission of a violent crime or drug trafficking
- Illegal sale or transfer of a firearm
- Tampering with a firearm’s serial number
- Possession of an unregistered firearm
- Straw purchases (buying a firearm for someone who is prohibited from owning one)
Two of the most frequently prosecuted federal firearms offenses are the unlawful possession of firearms by a convicted felon and using a firearm in connection with a violent crime or drug-related offense. These charges can carry severe penalties and long-term consequences, making it crucial to seek legal representation immediately.
Who Is Prohibited from Possessing Firearms or Ammunition?
Federal law prohibits certain individuals from owning or possessing firearms or ammunition. If you fall into any of the following categories, it is illegal for you to possess a firearm:
- Individuals subject to a restraining order
- Convicted domestic violence offenders
- Fugitives from justice
- Individuals who use or are addicted to illegal drugs
- Individuals previously committed to a mental institution
- Undocumented immigrants or individuals who have renounced their U.S. citizenship
Being found in possession of a firearm as a prohibited person can result in harsh federal penalties, including imprisonment. Even if the firearm was not used in a crime, mere possession by someone in one of these categories is enough to bring federal charges.
Penalties for Using a Firearm in a Violent Crime or Drug Trafficking
One of the most severe types of federal weapons charges is using or possessing a firearm during the commission of a violent crime or drug trafficking offense. These charges come with mandatory minimum prison sentences that are applied in addition to any penalties for the primary offense.
For example:
- 5-year minimum sentence for possessing a firearm during a violent crime or drug trafficking offense
- 7-year minimum sentence if the firearm is brandished or displayed
- 10-year minimum sentence if the firearm is discharged
For repeat offenders or individuals who use more dangerous weapons, such as machine guns or silencers, the penalties can escalate to life imprisonment. Even if the firearm was not discharged, the simple possession of a gun during the commission of a violent or drug-related crime is enough to trigger these additional penalties.
Proving a Federal Firearms Charge
To convict someone on federal firearms charges, the prosecution must prove that the possession or use of the firearm was directly related to a crime of violence or drug trafficking offense. This means they must show a clear connection between the weapon and the criminal activity, even if the firearm was not used in the crime itself.
An experienced defense attorney can challenge this connection and work to cast doubt on whether the firearm was truly linked to the alleged crime. In many cases, building a strong defense against these charges involves demonstrating that the firearm was not used in connection with the criminal activity or that the defendant was not aware of the gun’s presence.
Protecting Your Rights with a Federal Defense Attorney
Federal weapons charges are serious, and the penalties can be life-changing. If you’re facing federal firearms charges, it’s crucial to work with a skilled federal defense attorney who understands the complexities of these cases. At Chambers Law Firm, our experienced attorneys can help build a defense strategy tailored to your situation, challenge the prosecution’s evidence, and fight to protect your rights.
If you or a loved one is facing federal firearms charges, contact Chambers Law Firm at 714-760-4088 today. Our legal team is ready to offer guidance and defend your case in federal court.