South Florida Criminal Attorneys Blog
Federal firearms offenses are serious crimes that carry strict penalties and are governed by multiple U.S. laws, all aimed at maintaining public safety and preventing gun-related violence. These offenses range from unlawful possession to trafficking and using firearms during other crimes.
Unlawful Possession and Transfer of Firearms
Federal law prohibits certain individuals from owning or possessing firearms. These include convicted felons, people with specific mental health conditions, those with restraining orders, and individuals convicted of domestic violence. A violation of these restrictions can lead to up to 10 years in federal prison. Additionally, firearm transfers must go through licensed dealers, and private sales require background checks in some states. Selling or transferring a firearm without complying with these requirements can result in severe penalties, particularly if the firearm is used in a crime.
Firearm Trafficking and Straw Purchases
Trafficking firearms, especially across state or national lines, is illegal and heavily penalized. This includes “straw purchases,” where a person buys a firearm on behalf of someone who is legally barred from owning one. Trafficking is closely monitored by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and often results in prison time and significant fines. Florida also has strict penalties on trafficking firearms to help combat illegal gun circulation and associated crimes.
Using Firearms in Violent Crimes
Federal law imposes additional penalties when firearms are used in violent crimes or drug trafficking offenses. Under the federal statute known as “924(c),” using or carrying a firearm during these crimes mandates a minimum sentence of five years, with additional time for certain types of firearms, like machine guns or silencers. This can be added to sentences for other crimes, leading to extensive prison time. Florida law mirrors this with its own “10-20-Life” rule, which imposes increasing penalties for using firearms during criminal activities, depending on how and where they are used.
Firearm laws can be complex, particularly with overlapping state and federal regulations. If you are facing charges related to federal firearms offenses, it is crucial to consult with an attorney experienced in both federal and state laws, such as Michael B. Cohen. Understanding your rights and potential defenses is essential, and we encourage you to reach out for a consultation to explore your options and protect your future, as firearm-related convictions can lead to life-altering penalties.