Understanding Federal Gun Fees: A Comprehensive Guide law scrgruppen

Understanding Federal Gun Fees: A Comprehensive Guide

In the United States, the right to bear arms is enshrined in the Constitution. However, this right is not without limits and responsibilities. Federal laws regulate who can possess firearms, how they can be used, and what types of firearms are permitted. Violations of these laws can result in serious penalties, including imprisonment. In this blog post, we delve into the complex world of federal gun charges.

We will explore the different types of crimes, from possession of a firearm by a prohibited person to engaging in the business of firearms trafficking without a licence. For each offence, we will provide the relevant code section, a description of the offence, the potential penalty range and possible defences.

Why should you listen to us?

Benson Varghese is a certified criminal lawyer and expert in criminal law. He began his career as a prosecutor and has dedicated himself to defending individuals accused of crimes over the past decade. He has tried over 100 jury cases and has represented individuals charged with a variety of weapons charges.

Whether you are a legal professional, a gun owner, or just someone interested in understanding more about federal gun laws, this guide will provide a comprehensive overview of the subject. However, it is important to remember that this guide is a summary and that the actual law contains more details and exceptions. Always consult a legal expert if you have specific questions or are facing federal firearms charges.

Our comprehensive guide to federal gun fees

Let’s start with our comprehensive guide to federal gun charges.

Federal gun crime	Scope of punishment
Possession of a firearm or ammunition by a prohibited person	Imprisonment for up to 10 years
Selling, giving or disposing of any firearm or ammunition to a prohibited person	Imprisonment for up to 10 years
Using, carrying or possessing a firearm in connection with or in furtherance of a federal drug felony or violent crime	– Imprisonment for a period of no less than five years and up to life, or death penalty if death results from the use of a firearm
Stolen firearms, ammunition or explosives	Imprisonment for up to 10 years
Firearm in school zone	Imprisonment for up to 5 years
Possessing or knowingly manufacturing certain types of firearms	Imprisonment for a period of up to 5 or 10 years, depending on the specific offense
Sell, deliver or transport to an event	Imprisonment for up to one year, or up to 10 years if the referrer has reason to believe the juvenile will commit a violent crime
Confiscation of firearms, ammunition and explosives	Confiscation of firearms, ammunition or explosives
Practicing firearms trade without a license	Imprisonment for up to 5 years

Possession of a firearm or ammunition by a prohibited person

Department of Federal Law

18 USC § 922(g) and (n)

Understanding possession of a firearm or ammunition by a prohibited person

Federal law prohibits certain individuals from shipping, transporting, possessing, or receiving any firearm or ammunition. These individuals include those who have been convicted of a felony, drug users or addicts, aliens, individuals subject to restraining orders, individuals with prior domestic assault convictions, fugitives from justice, and those who have been dishonorably discharged from the military.

Scope of penalty for possession of a firearm or ammunition by a prohibited person

If anyone in any of these categories is found to be in possession of a firearm or ammunition, they could face up to 10 years in prison.

Possible defenses to possession of a firearm or ammunition by a prohibited person

A possible defense could be that the person was not aware they possessed the firearm or ammunition, or that they fall within one of the exceptions provided by law, such as restoring their civil rights after being convicted of a felony.

Selling, giving or disposing of any firearm or ammunition to a prohibited person

Code section

18 USC § 922(d)

Explaining the sale, giving or disposal of any firearm or ammunition to a prohibited person

It is also a federal crime to sell or dispose of any firearm or ammunition to any person if you know or have reasonable cause to believe that person falls into any of the above categories.

Scope of penalty for selling, giving, or disposing of any firearm or ammunition to a prohibited person

This means that if you sell a firearm or ammunition to someone who is, for example, a convicted felon or a fugitive from justice, you could be sentenced to up to 10 years in prison.

POSSIBLE DEFENSES To selling, giving, or disposing of any firearm or ammunition to a prohibited person

A possible defense could be that the person did not know, and had no reason to believe, that the recipient was a blocked person.

Using, carrying or possessing a firearm in connection with or in furtherance of a federal drug felony or violent crime

Code section

18 USC § 924(c)

Explaining the use, carrying or possession of a firearm in connection with or in furtherance of a federal drug crime or violent crime

It is unlawful to use, carry or possess a firearm during and in connection with a drug trafficking crime or crime of violence or to possess a firearm in furtherance thereof.

Penalty range to use, Carrying or possessing a firearm in connection with or in furtherance of a federal drug crime or violent crime

The penalty for this crime ranges from at least 5 years to life imprisonment, without the possibility of parole. If death results from the use of a firearm, the person may face the death penalty.

Possible defenses to using, carrying or possessing a firearm in connection with or in furtherance of a federal drug felony or violent crime

A possible defense could be that the firearm was not used in connection with or in furtherance of a drug felony or federal crime of violence. For example, the firearm was not present at the time of the crime.

Stolen firearms, ammunition or explosives

Code section

18 USC § 922(j), (k), (l), and (sh)

Explanation of stolen firearms, ammunition or explosives

It is an offense to receive, possess, conceal, store, pledge, or accept as security for a loan, barter, sell, or dispose of any stolen firearm, ammunition, or explosives shipped or transported in interstate or foreign commerce. It is also a crime to steal, take or unlawfully carry a firearm from the person or premises of a firearms licensee.

Penalty range for stolen firearms, ammunition or explosives

If anyone is found guilty of this crime, they may face a prison sentence of up to 10 years.

Possible defenses

A possible defense could be that the person did not know that the firearm, ammunition, or explosives were stolen.

5. Firearm in school zone

Code section

18 USC § 922(f)

a description

Federal law makes it a crime to possess or discharge a firearm in a school zone.

Scope of punishment

If anyone is found guilty of this crime, they may face up to 5 years in prison.

Possible defenses

A possible defense could be that the person did not know they were in a school zone, or that they were authorized to possess the firearm in a school zone by law.

6. Knowingly possessing or manufacturing certain types of firearms

Code section

18 USC § 922 (a), (b), (o), (v), and (w)

a description

It is illegal to knowingly possess or manufacture certain types of firearms. These include machine guns, firearm silencers, sawed-off shotguns, sawed-off shotguns, destructive devices, semi-automatic assault weapons manufactured after October 1, 1993, and any firearm that lacks a serial number or has an altered or obliterated serial number.

Scope of punishment

If someone is convicted of this crime, they could face up to 5 or 10 years in prison, depending on the specific violation.

Possible defenses

A possible defense could be that the person did not know that the firearm they possessed or made fell into one of the prohibited categories.

7. Sale, delivery or transportation to the event

Code section

18 USC § 922(x)

a description

It is a federal crime to sell, deliver, or transfer only a handgun or handgun ammunition to a person under the age of 18. It is also a crime for someone under the age of 18 to possess a handgun or revolver – ammunition only. There are certain exceptions to this law, such as when a juvenile obtains written permission from a parent.

Scope of punishment

If anyone is found guilty of this crime, they may face a prison sentence of up to one year. However, if the person who transported the gun or ammunition has reason to believe that the juvenile will commit a violent crime using the gun or ammunition, the penalty could be up to 10 years in prison.

Possible defenses

A possible defense could be that the person did not know that the recipient was a juvenile, or that one of the exceptions set forth in the law applies.

8. Confiscation of firearms, ammunition and explosives

Code section

18 USC § 924(d)

a description

This section of the law authorizes the seizure and confiscation of firearms, ammunition, and explosives used in criminal offenses.

Scope of punishment

The penalty for this crime is confiscation of firearms, ammunition or explosives.

Possible defenses

A possible defense could be that the firearms, ammunition, or explosives were not involved in a criminal offense.

9. Practicing firearms trade without a license

Code section

18 USC § 922(a)

a description

It is a federal crime for any person, other than a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms.

Scope of punishment

If anyone is found guilty of this crime, they may face up to 5 years in prison.

Possible defenses

A possible defense could be that the person was not “engaged in the business” of dealing in firearms as defined by the statute, but was instead conducting occasional sales or exchanges as part of a personal collection or hobby.

Please note that this guide is a summary and that the actual law contains more details and exceptions. Always consult a legal expert if you are facing federal firearms charges.