Federal Weapons Charge
While there is a wide assortment of federal gun charges that a defendant could be indicted with, the main federal firearm statutes are 18 USC 922 and 18 USC 924. Federal gun charges are brought against individuals improperly buying, selling, possessing, or using firearms when the sale or transport of those firearms cross state lines.
THE SALE OF FIREARMS WITHOUT A LICENSE
If you’re selling guns, you must have a license from the federal government. If you sell a gun without a license, you may face criminal charges if it crosses state lines. Pursuant to 18 USC 922(a), a defendant convicted of selling a gun without a license could be sentenced up to five years in federal prison.
THE SALE OF ILLEGAL FIREARMS
Just because you have an official license to sell firearms, there are still several firearms that are illegal to sell. For example, the sale of machine guns is banned at the federal level. In addition, it is illegal to sell a firearm to a minor or a convicted felon. A person convicted of those offenses could be facing between five to 10 years in federal prison.
MAKING FALSE STATEMENTS WHEN PURCHASING A GUN
Sellers have to be careful about who they sell their firearms to because they can be charged with a crime if they don’t do their due diligence. However, the buyer of a firearm can be charged under 18 USC 922(a)(6) if he engages in making false statements on the paperwork used during the sale transaction. It is also illegal to use a straw man as a stand-in for a person who is not otherwise eligible to purchase a firearm. The penalties for these gun charges include serving up to 10 years in prison.
ILLEGAL POSSESSION OF A FIREARM
Even if a defendant is not charged with a crime in the sale transaction involving a firearm, the possession of the firearm can still be illegal. For example, it is illegal to possess a machine gun according to 18 USC 922(o). It carries a penalty of up to 10 years in prison. There are also certain places where it is illegal to bring a gun, such as a school zone. Being convicted of possessing a gun within a school zone can carry a sentence of up to five years in prison.
CONVICTED FELON POSSESSING A FIREARM
Convicted felons cannot possess firearms. Period. 18 USC 922(g) also lists more categories of people who cannot own a firearm, such as undocumented immigrants, anyone convicted of a misdemeanor involving domestic violence, a dishonorably discharged veteran, and those who qualify as drug addicts pursuant to the federal Controlled Substances Act. Someone with illegal possession of a gun charge could face up to 10 years in federal prison.
POSSESSING OR USING A GUN IN A DRUG TRAFFICKING CRIME OR OTHER VIOLENT CRIME
The crime of possessing or using a gun during the commission of a drug trafficking offense or another violent crime is outlined by 18 USC 924(c). The federal mandatory minimum statutes for someone possessing a gun during a drug trafficking or violent crime are especially cruel and progress in length according to a defendant’s history of violent crimes or drug offenses. For example, there is a mandatory minimum sentence of five years in prison for a first-time offender who has a gun in his possession during a drug trafficking or other violent crime.
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