Federal Weapons Offenses
While the Second Amendment of the United States Constitution guarantees the right of the people to keep and bear arms, the federal government still regulates who is able to possess firearms and the types of weapons that people may own. Violations of federal weapons laws can result in serious penalties that may include lengthy prison sentences and enormous fines.
Alleged offenders who have been previously convicted of violent felony offenses and/or serious drug offenses may receive enhanced sentences that can dramatically increase the possible term of imprisonment. It is important for anybody accused of a federal weapons crime to immediately seek legal representation for help identifying all possible defenses that might result in criminal charges being reduced or dismissed.
Lawyer for Federal Weapons Offenses in Columbus, OH
If you believe that you might be under investigation or you were already arrested or indicted for any kind of a federal weapons crime in Central Ohio, it will be in your best interest to not say anything to authorities without legal counsel. Joslyn Law Firm represents clients accused of federal crimes in communities throughout Union County, Delaware County, Fairfield County, Franklin County, Licking County, Madison County, and Pickaway County.
Brian Joslyn is an experienced criminal defense attorney in Columbus who is admitted to the United States District Court for the Southern District of Ohio and the United States District Court for the Northern District of Ohio. You can have him review your case and answer all of your legal questions during a free, confidential consultation as soon as you call (614) 444-1900 today.
Ohio Federal Weapons Offenses Information Center
- Who is prohibited under federal law from possessing a firearm or weapon?
- What are the federal weapons crimes people can be charged with?
- Where can I learn more about federal weapons crimes?
Certain people are prohibited under federal law from possessing, receiving, shipping, or transporting any firearms or ammunition. Under 18 U.S. Code § 922(g), it is illegal for a person to possess a firearm or ammunition if he or she:
- has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
- is a fugitive from justice;
- is an unlawful user of or addicted to any controlled substance;
- has been adjudicated as a mental defective or who has been committed to a mental institution;
- being an alien, is illegally or unlawfully in the United States or has been admitted to the United States under a nonimmigrant visa;
- has been discharged from the Armed Forces under dishonorable conditions;
- having been a citizen of the United States, has renounced his citizenship;
- is subject to a court order that was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
- has been convicted in any court of a misdemeanor crime of domestic violence.
Federal law establishes several different kinds of crimes involving firearms or other weapons. In most cases, people face federal charges because the alleged offenses occurred on federal property, the arrest was made by a federal agent, or the firearm or weapon involved crossed state lines.
Some of the most common federal weapons crimes people are charged with in Ohio include, but are not limited to:
- Possession of a firearm or ammunition by a prohibited person, 18 U.S. Code § 922(g) and 18 U.S. Code § 922(n) — Alleged offenders who are prohibited from possessing a firearm or other weapon for any of the reasons listed above can be sentenced to up to 10 years in prison and/or a fine of up to $250,000.
- Sale or disposal of a firearm or ammunition to a prohibited person, 18 U.S. Code § 922(d) — Convictions are punishable by up to 10 years in prison and/or a fine of up to $250,000.
- Straw purchasing, 18 U.S. Code § 922(a)(6) and 18 U.S. Code § 924(a)(1)(A)— Knowingly making any false or fictitious oral or written statement or furnishing or exhibiting any false, fictitious, or misrepresented identification to purchase firearms or other weapons is punishable by up to 10 years in prison and/or a fine of up to $250,000.
- Possession or use of a firearm in relation to or furtherance of any crime of violence or drug trafficking crime, 18 U.S. Code § 924(c) — Convictions are punishable by a minimum of five years in prison and/or a fine of up to $250,000. If the firearm is brandished, a conviction is punishable by a minimum of seven years in prison. If the firearm is discharged or the firearm possessed is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, a conviction is punishable by a minimum of 10 years in prison. If the firearm possessed is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, a conviction is punishable by a minimum of 30 years in prison. If the alleged offender has been previously convicted of this offense, a second or subsequent conviction is punishable by a minimum of 25 years in prison. Repeat offenses involving a firearm that is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, are punishable by life in prison.
- Receiving, possessing, transporting, shipping, concealing, storing, bartering, selling, or disposing of stolen firearm, ammunition, or explosives, 18 U.S. Code §842(h); 18 U.S. Code 922(i), 18 U.S. Code 922(j), and 18 U.S. Code 922(u) — Convictions are punishable by up to 10 years in prison and/or a fine of up to $250,000.
- Possession or discharge of a firearm in a school zone, 18 U.S. Code § 922(q)(2)(A) — Convictions are punishable by up to five years in prison and/or a fine of up to $250,000.
- Possessing, transporting, shipping, or receiving any firearm in which the serial number has been removed, obliterated, or altered, 18 U.S. Code § 922(k) — Convictions are punishable by up to 10 years in prison and/or a fine of up to $250,000.
- Transferring or possessing a machinegun, 18 U.S. Code § 922(o) — Convictions are punishable by up to 10 years in prison and/or a fine of up to $250,000.
- Sale, delivery, or transfer of a handgun or ammunition to a juvenile, 18 U.S. Code § 922(b) and 18 U.S. Code § 922(x) — Convictions are punishable by up to five years in prison and/or a fine of up to $250,000. If the alleged offender had reason to believe the juvenile would commit a crime of violence with the gun or ammunition, a conviction is punishable by up to 10 years in prison.
Ten Year Decline in Federal Weapons Convictions | Transactional Records Access Clearinghouse (TRAC) — TRAC TRAC) is a data gathering, data research and data distribution organization at Syracuse University. Data from the United States Department of Justice was used to compile this October 27, 2015 report that examines the decline in federal weapons convictions over the past decade. You can learn more about which federal agencies are responsible for the most convictions, which charges people were convicted of, and the top districts in the country for weapons convictions.
18 U.S. Code § 922 | Unlawful acts — View the full text of the federal statute that restricts firearm and weapon possession. A majority of all federal weapons offenses involve some violation of this statute. The statute covers who cannot possess weapons and firearms, types of weapons and firearms that are prohibited, and other unlawful activities.
Joslyn Law Firm | Columbus Federal Weapons Offenses Lawyer
Were you indicted or arrested for any kind of alleged federal weapons crime in Central Ohio? Do not make any statement to authorities until you have contacted Joslyn Law Firm.
Columbus criminal defense attorney Brian Joslyn fights to protect the rights of residents of and visitors to Worthington, Bexley, Dublin, Gahanna, Grove City, Hilliard, Reynoldsburg, Upper Arlington, Westerville, Whitehall, and many surrounding areas. Call (614) 444-1900 or complete an online contact form right now to take advantage of a free consultation that will let our lawyer provide a full evaluation of your case.