Federal firearm laws in the United States are designed to prevent certain individuals from possessing firearms or ammunition. One of the key statutes in this area is 18 U.S.C. § 922(g), which outlines categories of individuals who are prohibited from such activities. Violations of this statute can lead to severe penalties, making it crucial for individuals to understand its provisions as our Tampa, FL aggravated assault defense lawyer can attest who has been rated by Super Lawyers.
Who Is Prohibited Under 18 U.S.C. § 922(g)?
According to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the following categories of individuals are prohibited from shipping, transporting, receiving, or possessing firearms or ammunition:
- Felons: Individuals convicted in any court of a crime punishable by imprisonment for a term exceeding one year. This also applies to those who used a firearm during a violent crime.
- Fugitives From Justice: Persons who have fled to avoid prosecution or giving testimony.
- Unlawful Users Of Controlled Substances: Those who are unlawful users of or addicted to any controlled substance.
- Individuals With Certain Mental Health Histories: Persons adjudicated as mentally defective or committed to a mental institution.
- Illegal Aliens: Individuals unlawfully in the United States.
- Nonimmigrant Visa Holders: Aliens admitted under nonimmigrant visas, with certain exceptions.
- Dishonorably Discharged Veterans: Those discharged under dishonorable conditions from the Armed Forces.
- Renounced U.S. Citizenship: Individuals who have renounced their U.S. citizenship.
- Subjects Of Certain Restraining Orders: Persons subject to court orders restraining them from harassing, stalking, or threatening an intimate partner or child.
- Domestic Violence Convictions: Individuals convicted of misdemeanor crimes of domestic violence.
Additionally, under 18 U.S.C. § 922(n), individuals under indictment for crimes punishable by imprisonment exceeding one year are prohibited from shipping, transporting, or receiving firearms or ammunition.
Legal Implications And Penalties
Violations of 18 U.S.C. § 922(g) are serious federal offenses. Convicted individuals may face:
- Imprisonment: Up to 10 years in federal prison
- Fines: Up to $250,000
- Supervised Release: Up to three years
Under the Armed Career Criminal Act (ACCA), individuals with three or more prior convictions for violent felonies or serious drug offenses may face a mandatory minimum sentence of 15 years without parole.
Importance Of Legal Representation
If someone has been charged under 18 U.S.C. § 922(g), securing legal representation is crucial. An experienced criminal defense attorney can assess the case, explore potential defenses, and navigate the complexities of federal firearm laws. Legal counsel is essential to ensure that the individual’s rights are protected throughout the legal process.
Defenses To Firearm Offenses
- You did not Actually/Physically Possess the Firearm. The Gun may have been in your vicinity but other individuals had access to your gun.
- You may not have been aware that the Firearm was in your home, car, bag, etc.
- You did not own the Firearm
- ATF /US Attorney’s Office is unable to prove the Firearm crossed state lines as part of intrastate commerce. Therefore, The Government has not established Jurisdiction via the Commerce Clause.
- ATF/US Attorney’s Office is unable to prove that the Firearm was manufactured outside of the U.S. and then subsequently sold/transferred to the United States. Therefore, The Government has not established Jurisdiction via the Commerce Clause.
- Private Sales of Firearms: You were unaware that the person you sold the firearm to was a prohibited person- illegal alien, convicted felon, domestic violence conviction, or was unlawfully using controlled substances.
- Federal Firearm License (FFL): you did not have to obtain an FFL and therefore you were not trafficking in firearms; you were just a collector that conducted private sales.
Finding Legal Assistance In Tampa, Florida
For individuals in Tampa, Florida, seeking legal representation for firearm-related charges, it’s advisable to consult with attorneys specializing in federal criminal defense. Contact Stechschulte Nell today for help, as our 10.0 Avvo rated lawyers are ready to work on your case.
