Federal Weapons Crimes Defense Lawyer
Have You Been Charged With A Federal Gun Offense?
Most weapons offenses are state crimes that are investigated by local law enforcement and prosecuted in a state court. However, there are specific weapons crimes can result in federal weapons charges, meaning they will be prosecuted in a federal court by the U.S. Attorney's office. Federal weapons charges typically carry severe penalties and often come with mandatory minimum prison sentences. The two main laws govern federal gun crimes are 18 U.S.C. § 922 and 18 U.S.C. § 924.
At Eisner Gorin LLP, our experienced legal team can put our expertise to work on your behalf against your federal weapons charges. These types of federal cases are serious and federal sentencing can be complicated. You will need a federal criminal lawyer who knows federal criminal law, federal criminal court process and the federal sentencing guidelines.
Federal weapons offenses are investigated by experienced federal law enforcement agencies, such as the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
These agencies have almost limitless resources to aggressively investigate and pursue criminal charges against anyone who is allegedly violating federal weapons laws. These types of cases are handled by the most seasoned prosecutors who are dedicated in securing a conviction.
What Are Federal Weapons Offenses?
Weapons offenses are violations of federal statutes that regulate deadly weapons, such as firearm, which is defined as any weapon designed, or converted, to expel a projectile by use of an explosive. It also describes a weapon by its frame, a firearm muffler, silencer, or any destructive device.
Federal law also regulates the purchase, sale, possession, manufacture, distribution of firearms, and prohibits the sale of firearms to certain groups of people, including convicted felons. It also bans certain firearms, such as semiautomatic assault weapons and machine guns.
There are a wide range of weapons charges that can be prosecuted in federal court, including illegal possession, firearms trafficking, violent crimes, or federal crimes that involve the unlawful use of a firearm.
A common form of federal weapons charges involves individuals who have a prior felony conviction and are not legally allowed to possess any type of firearm. Federal weapons offenses are governed by various statutes of the United States Code, and there are many different sections that deal with offenses involving firearms and other deadly weapons. For example:
- Possession of a weapon by a convicted felon
- The use of a weapon during a crime
- Possession of a weapon by a fugitive, illegal alien, or drug addict
- Sale of a weapon to a minor
- Possession of a weapon by a juvenile
- Sale of illegal weapons without a valid license or permit
- Possession of a weapon by someone with an active restraining order
- Possession of a weapon by someone with a domestic violence conviction
- Sell or give any firearm or ammunition to a prohibited person
- Knowingly possess or manufacture an illegal firearm
- Import, manufacture, or dealing firearms without a license
- False statement on a record of a gun purchase
Weapon offenses are often charged in conjunction with other crimes such as bank robbery, drug violations, kidnapping, and murder.
There are many laws and regulations set in place to control weapon usage and possession, and people can sometimes inadvertently find themselves in violation of weapon laws.
At Eisner Gorin LLP, our lawyers understand the severity of the charges against you, and they realize how much is at stake. Our attorneys can defend you from a number of different weapon offenses that can be charged as federal crimes.
Penalties for Federal Weapons Offenses
Weapons offenses are most often investigated and prosecuted at the state level, but federal charges are often filed when firearms are illegally manufactured, transported across state lines, or they are used to commit a federal crime.
The criminal penalties for a federal weapons violation will depend on the specific offense, any aggravating factors, and the defendant prior criminal record. For example, a violation of 18 U.S.C. 922(g) – possession of a firearm by a prohibited person – carries a federal prison sentence of up to 10 years and a fine up to $250,000.
A conviction for 18 U.S.C. 924(c) – use or possession of a firearm in furtherance of a federal crime of violence – carries a mandatory minimum sentence of five years in federal and even life without parole if death resulted from using a firearm.
The federal sentencing guidelines control penalties for weapons crimes and will depend on the type of firearm involved in the crime and prior convictions. Weapons offenses are frequently charged in association with drug crimes, such as drug trafficking or other types of violent crimes.
Consult with our Federal Criminal Lawyers for Help
The federal government have laws that prohibit the possession, carrying, use, manufacture, sale, import, and trafficking of firearms and other deadly weapons. There are mandatory minimum penalties associated with many federal weapons offenses which can result in substantial time in a federal prison.
Our federal criminal attorneys have previously worked as state prosecutors. This is very good news for you, because as their client, you will have a significant advantage. As former prosecutors, our lawyers have attained a multi-faceted view of federal gun offense cases, and can better predict prosecuting arguments because of this.
Seeing all sides to a case helps them come up with defense strategies that are highly effective, which will be very beneficial to you. Being charged with a federal weapon crime doesn't have to be the end of the world, and once you speak with a lawyer at our law firm, together you will find a way to beat federal gun charges. Call our law offices at 877-781-1570 or fill out online contact form.