FEDERAL FIREARMS CRIMES

U.S. firearms laws currently govern the possession and transfer of firearms and provide penalties for violating such laws. “Gun trafficking,” although not defined by statute, essentially includes the movement or diversion of firearms from legal to illegal markets.

Four federal statutes govern U.S. commerce of firearms domestically and internationally. Many states supplement these federal statutes and have firearms laws of their own that are stricter. For example, some states require permits to obtain firearms and impose a waiting period for firearm transfers. Domestic commerce and importations into the United States are generally regulated under the National Firearms Act of 1934 (NFA) and the Gun Control Act of 1968 (GCA). The exportation of firearms from the United States is regulated by the Arms Export Control Act of 1976 and, to a lesser extent, the Export Administration Regulations (EAR).

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Citizens & Legal Permanent Residents (LPRs)

The GCA does not distinguish between citizens and legal permanent residents (LPRs); both are eligible to receive, possess, and transfer firearms and ammunition as long as they are not in one of the categories of prohibited persons.

Non-immigrants are admitted for temporary stays—sometimes for several years. In general, nonimmigrants are not eligible to purchase and/or take possession of firearms or ammunition.

Common Federal Gun Crimes

The federal government provides a broad definition under 18 USC § 921 to cover most firearm-related crimes. In addition, a narrow definition that is provided in 26 USC § 5845(a) lists specific types of firearms, modifications, and destructive devices. A defendant can be charged under one or both statutes, but it is important to understand how broad § 921 is and how it is applied.

Under this statute, a firearm is defined as:

  • Any weapon which is or will be designed or is readily converted to expel a projectile by the action of explosive;
  • The frame or receiver of any such weapon;
  • Any type of silencer or muffling device; or
  • Any destructive device.

This definition does not include firearms manufactured in or before 1898 under the “antique firearm” exception. Nor does it concern itself with the functionality of the “firearm,” only that there was an intent for the item to be used as a weapon.

Prosecutors can argue that if a frame or receiver is a firearm, any simple piece of metal intended to be used in a weapon qualifies as a firearm under this statute. Therefore, it is essential to hire a federal criminal defense attorney that understands the nuance and differences of each type of firearm charge or accusation so that you can receive the most knowledge and experienced defense possible.

 18 U.S.C. § 922(g) lists several classes of people who are categorically barred from owning a gun, including:

  • Fugitives from justice, meaning anyone who has fled any state to avoid prosecution
  • Drug addicts and drug users, as defined in the Controlled Substances Act
  • The mentally ill or anyone committed to a mental institution
  • Illegal immigrants
  • Anyone who has been dishonorably discharged from the Armed Forces
  • Anyone convicted of a misdemeanor crime of domestic violence

The Supreme Court has decided that a person can be “in possession” of a firearm even when they are not carrying a gun on their person. Instead, “possession” is defined as having the intent and ability to control a weapon. It is important for gun owners not only to know the law, but to also know their criminal history and legal status.

Federal gun laws prohibit possession of or selling/giving firearms or ammunition to felons and certain classes of people. Both crimes may be punishable by up to 10 years in prison. In addition, felons may receive a minimum sentence of 15 years without parole if the felon has three or more prior convictions for a felony crime of violence (e.g., burglary, robbery, assault, possession of offensive weapons) and/or drug trafficking felony (18 U.S.C. § 924(e)).

 18 U.S.C. § 922(g) lists several classes of people who are categorically barred from owning a gun, including:

  • Fugitives from justice, meaning anyone who has fled any state to avoid prosecution
  • Drug addicts and drug users, as defined in the Controlled Substances Act
  • The mentally ill or anyone committed to a mental institution
  • Illegal immigrants
  • Anyone who has been dishonorably discharged from the Armed Forces
  • Anyone convicted of a misdemeanor crime of domestic violence

 

The Supreme Court has decided that a person can be “in possession” of a firearm even when they are not carrying a gun on their person. Instead, “possession” is defined as having the intent and ability to control a weapon. It is important for gun owners not only to know the law, but to also know their criminal history and legal status.

This is a significant statute because any sentence must be served consecutive to any other sentence. Punishment can range from a minimum of 5 years to life imprisonment, without parole, or death if death results from using a firearm. Mandatory minimum sentence increases depending on: the type of firearm involved (e.g., machinegun), whether the gun was possessed, brandished, discharged, and prior convictions under this section.

Individual Prohibitions Under the Gun Control Act of 1968

Under federal law, the GCA prohibits certain categories of persons from possessing or purchasing firearms or ammunition. Those categories generally cover:

(1) persons convicted in any court of a crime punishable by imprisonment for a term exceeding one year;

(2) fugitives from justice;

(3) users or addicts of drugs;

(4) persons adjudicated as a mental defective or committed to mental institutions; 

(5) illegal immigrants and nonimmigrants;

(6) persons dishonorably discharged from the U.S. Armed Forces;

(7) persons who have renounced their U.S. citizenship;

(8) persons restrained under a court-order from harassing, stalking, or threatening an intimate partner or child of such intimate partner;

(9) persons convicted of misdemeanor domestic violence.

Punishment ranges from a minimum of 5 years to life imprisonment, without parole, or death if death results from the use of a firearm. The sentence must be served consecutive to any other punishment. 

Mandatory minimum sentence increases depending on: the type of firearm involved (e.g., machinegun), whether the gun was possessed, brandished, discharged, and if the defendant has prior convictions under this section.

Stolen Firearms And Ammunition

Under federal law, the GCA prohibits certain categories of persons from possessing or purchasing firearms or ammunition. Those categories generally cover:

  1. persons convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
  2. fugitives from justice;
  3. users or addicts of drugs;
  4. persons adjudicated as a mental defective or committed to mental institutions;
  5. undocumented migrants and nonimmigrants;
  6. persons dishonorably discharged from the U.S. Armed Forces;
  7. persons who have renounced their U.S. citizenship;
  8. persons restrained under a court-order from harassing, stalking, or threatening an intimate partner or child of such intimate partner;
  9. persons convicted of misdemeanor domestic violence.

Prohibits the receipt, possession, concealment, storage, bartering, selling, or disposing of stolen firearms and ammunition. It requires knowledge or having reason to believe the firearm or ammunition is stolen. Punishable by up to 10 years.

Prohibits stealing or unlawfully taking away firearms from the business inventory of a federal firearms licensee. Punishable by up to 5 years.

Prohibits stealing a firearm which has moved in commerce. Punishable by up to 10 years.

Unlawful Possession, Manufacture, or Transfer of Certain Firearms and Devices

Makes it unlawful to transport, ship, receive or possess a firearm with the manufacturer’s serial number obliterated, removed, or altered. Punishable by up to 5 years imprisonment.

Makes it unlawful to possess or transfer a machinegun. Punishable by up to 10 years imprisonment.

Makes it unlawful to possess or make a machinegun, sawed-off shotgun, sawed-off rifle, silencer, or destructive device without registration. Punishable by up to 10 years.

Experienced Lawyers For Gun Charges

Contact the Border Defense Network today to discuss your federal gun charges and find out what your next steps are in the criminal justice process. Our attorneys can help you prepare your defense against federal and state firearm charges. When accusations of gun law crimes have been made against you, the attorneys at the Border Defense Network are ready to help. Call Now For A Fee Consultation!

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