Understanding Federal Firearms Laws

Navigating the intricate landscape of federal firearms regulations can be a challenging endeavor. This guide provides a simplified explanation of the key laws, restrictions, and potential penalties you should understand.

Regulated Activities and Firearms Transactions

Under federal law, anyone involved in the business of firearms— including importing, manufacturing, or dealing— must hold a valid license. The law also places strict controls on certain transactions to regulate the flow of weapons, prohibiting:

• The sale of firearms across state lines unless both the buyer and seller are licensed dealers.
• The distribution of firearms to individuals or entities that are not licensed, particularly when the buyer resides in a different state than the seller.

If you are facing charges related to these regulations, consulting with a knowledgeable Mercer criminal lawyer can provide essential guidance.

Who and What is Restricted?

Federal law is very specific about which individuals can legally own firearms and which types of firearms are permissible.

Restricted Individuals

Restrictions apply to a range of individuals, including those who:

• Have been convicted of significant crimes.
• Are fugitives from justice.
• Have a documented history of certain mental health conditions.
• Are unlawful users of controlled substances.
• Are undocumented immigrants.
• Have been dishonorably discharged from the Armed Forces.

Prohibited Firearms

The types of firearms that are federally prohibited include:

• Destructive devices and certain modified weapons.
• Undetectable firearms designed to bypass metal detectors.
• Firearms with altered or removed serial numbers.

Penalties and Enhanced Sentences

Violating federal firearm regulations can result in severe consequences. Standard violations may lead to substantial fines and imprisonment for up to five years. However, penalties can be significantly enhanced under specific circumstances. A Mercer DUI lawyer can help you understand how prior convictions might impact your case.

Enhanced Sentencing for Repeat Offenders and Specific Actions

For individuals with prior convictions or those who commit specific actions during a crime, the sentences can be much harsher:

• Prior Convictions: Under the Armed Career Criminal Act, individuals with previous convictions could face a minimum prison sentence of 15 years. Subsequent offenses can add up to an additional twenty-five years for each new violation.
• Multiple Violent Acts: Committing several violent crimes with the same firearm leads to extended prison time. For example, using one weapon for two robberies could add twenty-five years, while three robberies could add forty-five years.
• Possession by Felons or Drug Dealers: Individuals with these backgrounds found in possession of a firearm may face an additional ten years on their sentence.
• Firearm Use in Violent or Drug-Related Crimes: Simply using a firearm during a violent or drug-trafficking crime can lead to enhanced penalties, with specific actions like brandishing or discharging the weapon resulting in further mandatory sentences. Seeking advice from a Mercer criminal lawyer is critical in these situations.
• Distribution and Smuggling: Supplying firearms for use in violent or drug offenses, or smuggling weapons for such purposes, can add another ten-year penalty.
• Theft from Licensed Parties: Stealing firearms from licensed dealers or manufacturers can also result in up to ten additional years in prison.

Time Limits for Prosecution

Federal law establishes a five-year statute of limitations for prosecutors to file a weapons charge, starting from the date of the alleged offense. There is a major exception to this rule:

• Capital Crimes: No time limit exists for capital offenses. This includes murder committed with a firearm in connection with violent or drug-trafficking activities. A Mercer DUI lawyer can clarify how statutes of limitations apply to different charges.

Defending Against Federal Gun Charges

Facing federal gun charges does not mean you are without options. An experienced legal team can build a strong defense by examining various aspects of the case. Potential strategies include:

• Challenging the legality of the initial stop or search (questionable probable cause).
• Arguing that an unlawful search procedure was used to obtain evidence.
• Presenting evidence of entrapment, where law enforcement induced the crime.
• Highlighting inaccuracies or fabrications in witness testimony.
• Demonstrating the accused was unaware they were in possession of the firearm.
• Providing proof of legal permits for firearm possession.

Get Expert Legal Help in Mercer, Pennsylvania

If you are facing federal firearm charges, securing skilled legal representation as early as possible is crucial for protecting your rights. The attorneys at Logue Law Groups are dedicated to passionately defending clients throughout Mercer County and surrounding areas in Pennsylvania. We are prepared to provide the experienced support you need. Contact a Mercer criminal lawyer at 412.389.0805 for an initial consultation to discuss your case.