What Are Federal Gun Charges? A Guide to the Most Common Offenses

ByBuffalo Rifles Blog

| Federal Gun Charge | Description | Maximum Penalty |
|—|—|—|
| Possession of a firearm by a convicted felon | Convicted felons are prohibited from possessing firearms. | 10 years in prison and/or a fine of up to \$250,000 |
| Unlawful transfer of a firearm | It is illegal to transfer a firearm to someone who is prohibited from possessing a firearm. | 10 years in prison and/or a fine of up to \$250,000 |
| Making a false statement on a firearms form | It is illegal to make a false statement on a firearms form. | 5 years in prison and/or a fine of up to \$250,000 |

Federal gun charges are serious offenses that can carry severe penalties, including long prison sentences and hefty fines. It is important to understand the different types of federal gun charges and the potential penalties associated with each one so that you can make informed decisions about your legal defense.

This article will provide an overview of the most common federal gun charges, as well as the penalties that are associated with each one. It will also discuss the defenses that are available to defendants charged with federal gun crimes.

Types of Federal Gun Charges

There are a number of different types of federal gun charges, each of which carries its own set of penalties. The most common federal gun charges include:

  • Possession of a firearm by a convicted felon: This charge is typically filed against individuals who have been convicted of a felony and are found in possession of a firearm. The penalties for this charge can include up to 10 years in prison and a fine of up to \$250,000.
  • Unlawful possession of a firearm: This charge is typically filed against individuals who are not prohibited from possessing a firearm but are found in possession of a firearm in a prohibited location or under prohibited circumstances. The penalties for this charge can include up to 10 years in prison and a fine of up to \$250,000.
  • Sale or transfer of a firearm to a prohibited person: This charge is typically filed against individuals who sell or transfer a firearm to someone who is prohibited from possessing a firearm. The penalties for this charge can include up to 10 years in prison and a fine of up to \$250,000.
  • Carrying a firearm in a federal facility: This charge is typically filed against individuals who are found carrying a firearm in a federal facility, such as a courthouse or a post office. The penalties for this charge can include up to 10 years in prison and a fine of up to \$250,000.
  • Discharging a firearm in a public place: This charge is typically filed against individuals who discharge a firearm in a public place, such as a street or a park. The penalties for this charge can include up to 10 years in prison and a fine of up to \$250,000.

Penalties for Federal Gun Charges

The penalties for federal gun charges can vary depending on the specific charge and the circumstances of the case. However, the following are some of the most common penalties that are imposed for federal gun crimes:

  • Imprisonment: Federal gun charges can carry a sentence of up to 10 years in prison. In some cases, the sentence may be even longer if the defendant has prior convictions for gun crimes.
  • Fines: Federal gun charges can also carry a fine of up to \$250,000.
  • Restitution: In some cases, the defendant may be ordered to pay restitution to the victim of the crime.
  • Probation: The defendant may be placed on probation for up to five years.
  • Loss of firearm rights: The defendant may be prohibited from possessing firearms for a period of time, or even permanently.

Defenses to Federal Gun Charges

There are a number of defenses that are available to defendants charged with federal gun crimes. Some of the most common defenses include:

  • Lack of knowledge: The defendant may argue that they did not know that they were in possession of a firearm.
  • Involuntary possession: The defendant may argue that they were in possession of a firearm against their will.
  • Self-defense: The defendant may argue that they used a firearm in self-defense.
  • Accident: The defendant may argue that they accidentally discharged a firearm.
  • Entrapment: The defendant may argue that they were entrapped into committing a federal gun crime.

Federal gun charges are serious offenses that can carry severe penalties. It is important to understand the different types of federal gun charges and the potential penalties associated with each one so that you can make informed decisions about your legal defense. If you are facing federal gun charges, it is important to speak to an experienced criminal defense attorney as soon as possible.

1. Possession of a Firearm by a Convicted Felon

The federal law that prohibits the possession of a firearm by a convicted felon is found in 18 U.S.C. 922(g). This law makes it illegal for any person who has been convicted of a felony to possess a firearm or ammunition. The term “felony” is defined as any crime punishable by a term of imprisonment of more than one year.

There are a few exceptions to the federal law prohibiting the possession of a firearm by a convicted felon. These exceptions

1. Unlawful Possession of a Firearm

The federal law against unlawful possession of a firearm is found in 18 U.S.C. 922(g). This law prohibits any person who is prohibited from possessing a firearm from knowingly possessing or receiving a firearm.

There are a number of categories of individuals who are prohibited from possessing a firearm, including:

  • Convicted felons
  • Illegal aliens
  • Those who have been adjudicated as mentally defective
  • Those who have been dishonorably discharged from the military
  • Those who have renounced their U.S. citizenship
  • Those who are fugitives from justice
  • Those who are addicted to controlled substances
  • Those who have been convicted of domestic violence
  • Those who have been convicted of a hate crime

If you are convicted of violating 18 U.S.C. 922(g), you could face up to 10 years in prison and a fine of up to $250,000.

2. Possession of a Firearm in a School Zone

The federal law against possession of a firearm in a school zone is found in 18 U.S.C. 922(q). This law prohibits any person from knowingly possessing a firearm in, or on the grounds of, a school zone.

A “school zone” is defined as any place within 1,000 feet of the real property comprising a school building or grounds. This includes not only schools, but also daycare centers, playgrounds, and other places where children congregate.

If you are convicted of violating 18 U.S.C. 922(q), you could face up to 5 years in prison and a fine of up to $250,000.

3. Possession of a Firearm by a Convicted Felon

The federal law against possession of a firearm by a convicted felon is found in 18 U.S.C. 922(g)(1). This law prohibits any person who has been convicted of a felony from knowingly possessing or receiving a firearm.

A “felony” is any crime punishable by imprisonment for a term of more than one year. This includes not only crimes that are specifically defined as felonies under federal law, but also crimes that are considered felonies under state law.

If you are convicted of violating 18 U.S.C. 922(g)(1), you could face up to 10 years in prison and a fine of up to $250,000.

4. Straw Purchase

The federal law against straw purchases is found in 18 U.S.C. 922(a)(6). This law prohibits any person from knowingly making a false statement or representation with the intent to acquire a firearm for another person.

A “straw purchase” is when a person who is not prohibited from possessing a firearm purchases a firearm on behalf of someone who is prohibited from possessing a firearm.

If you are convicted of violating 18 U.S.C. 922(a)(6), you could face up to 10 years in prison and a fine of up to $250,000.

5. Illegal Transfer of a Firearm

The federal law against illegal transfer of a firearm is found in 18 U.S.C. 922(a)(7). This law prohibits any person from knowingly transferring a firearm to another person who is prohibited from possessing a firearm.

An “illegal transfer” is any transfer of a firearm that is not in compliance with the federal law. This includes transfers that are made without a background check, transfers that are made to a prohibited person, and transfers that are made for the purpose of evading the law.

If you are convicted of violating 18 U.S.C. 922(a)(7), you could face up to 10 years in prison and a fine of up to $250,000.

These are just a few of the federal gun charges that you could face. If you are accused of violating any of these laws, it is important to speak to an experienced criminal defense attorney as soon as possible.

An experienced criminal defense attorney can help you understand your rights and options, and can represent you in court. With the help of an attorney, you can fight back against the charges and protect your freedom.

What are federal gun charges?

Federal gun charges are crimes that are prosecuted by the federal government. They can include a wide range of offenses, such as:

  • Possession of a firearm by a convicted felon. This is a felony offense that is punishable by up to 10 years in prison and a fine of up to $250,000.
  • Unlawful sale or transfer of a firearm. This is a felony offense that is punishable by up to 10 years in prison and a fine of up to $250,000.
  • Carrying a firearm in a federal building. This is a misdemeanor offense that is punishable by up to one year in prison and a fine of up to $250,000.
  • Brandishing a firearm. This is a misdemeanor offense that is punishable by up to one year in prison and a fine of up to $250,000.

What are the penalties for federal gun charges?

The penalties for federal gun charges vary depending on the specific offense. However, they can include:

  • Imprisonment. Federal gun charges can carry a sentence of up to 10 years in prison.
  • Fines. Federal gun charges can carry a fine of up to $250,000.
  • Restitution. Federal gun charges can require the defendant to pay restitution to the victim.
  • Loss of gun rights. Federal gun charges can result in the defendant being prohibited from owning or possessing firearms.

What are the defenses to federal gun charges?

There are a number of defenses that can be raised to federal gun charges. These include:

  • Entrapment. The defendant can argue that they were entrapped by law enforcement.
  • Involuntary manslaughter. The defendant can argue that they did not intend to commit the crime.
  • Self-defense. The defendant can argue that they were acting in self-defense when they committed the crime.

How can I get help if I am facing federal gun charges?

If you are facing federal gun charges, it is important to seek legal counsel as soon as possible. An experienced criminal defense attorney can help you understand your rights and options, and can represent you in court.

Here are some resources that you may find helpful:

  • [The National Rifle Association](https://www.nra.org/)
  • [The National Shooting Sports Foundation](https://www.nssf.org/)
  • [The Second Amendment Foundation](https://www.saf.org/)
  • [The Law Offices of Jeffrey Lichtman](https://www.lichtmanlaw.com/)

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