Last Updated on: 28th July 2023, 07:21 pm

The Grave Consequences of Possession by Restricted Persons Under Federal Law

In the United States, the Second Amendment of the Constitution grants citizens the right to bear arms, yet federal law prohibits certain individuals from possessing firearms, explosives, ammunition, biological agents, and toxins. The government defines a “restricted person” by a wide range of criteria, and they can face severe consequences if they are convicted of a related crime.

Federal Laws and Definitions Regarding Possession by Restricted Persons

The United States government has established several statutes to cover the possession by restricted persons. The government’s definitions of “restricted persons” include individuals convicted of a crime punishable by over a year in prison, fugitives from justice, people with mental health problems or confined to a mental hospital, illegal aliens, individuals who have renounced their US citizenship, dishonorably discharged Armed Forces members, individuals convicted of a misdemeanor of domestic violence, and people with restraining orders against them. Moreover, individuals under indictment for a felony or any offense punishable by over a year in prison and anyone who sells or gives firearms or ammunition to restricted persons may face charges.

The Gun Control Act prohibits any restricted person from possessing, receiving, transporting, or shipping any firearm or ammunition, which includes weapons designed or readily converted to expel a projectile by use of explosives, the frame or receiver of such weapons, firearm mufflers, silencers, and destructive devices like bombs, grenades, rockets, missiles, mines, and similar devices. Additionally, the Arms Export Control Act prohibits any person convicted of certain federal violations from getting a license to own or trade in firearms, and it is illegal to ship, transport, deal, manufacture, or conduct any transactions involving firearms across state or country borders without a proper license.

The Harsh Penalties of Possession by Restricted Persons

Restricted persons who violate federal laws can face severe penalties. The government can prosecute any crime involving firearms, explosives, or dangerous devices that occur across state lines or country borders, involve interstate or foreign commerce, occur on federal property, or threaten, injure, or kill any federal officer or employee. Regarding possession by restricted persons, prison sentences range from a year to five years, but the punishment can go up to 10 years for specific offenses. Individuals with prior felony convictions for violent crimes or drug crimes, such as assault, burglary, robbery, murder, drug trafficking, and possession or use of a dangerous weapon, may receive enhanced penalties of up to 15 years in prison. Besides, individuals who knowingly sell, give, or provide firearms, explosives, or ammunition to a restricted person can face a penalty of up to 10 years in prison. Moreover, individuals who receive additional sentences for ancillary crimes, such as assault, can face even more severe punishment on top of the penalty for possession by restricted persons.

Seek the Help of a Qualified Federal Criminal Defense Attorney

If you are facing an investigation or have been arrested by federal authorities for possession by a restricted person, you should immediately seek the advice of a skilled federal criminal defense attorney. An experienced attorney can help you understand the laws, your rights, and your options and develop a robust defense strategy. Your future is at stake, so it is vital to consult with a qualified attorney as soon as possible to ensure the best possible outcome.

Understanding Biological Agents and Toxins

The government has strict regulations on certain biological agents and toxins, considering them a significant threat to human, animal, and plant health. The prohibited items are on a long list of select agents and toxins, including dangerous devices and firearms.

Consequences of Possession by Restricted Persons

A restricted person in possession of these agents and toxins can face imprisonment up to 5 years along with hefty fines. If the crime affects interstate or foreign commerce, the sentence can go up to 10 years. In addition to these, ancillary crimes can attract further charges and penalties.

Defenses for Possession by Restricted Persons

The government takes strict actions against such possession crimes, but they have to prove the defendant’s guilt beyond a reasonable doubt. You have the right to defend yourself against such charges, and it’s crucial to work with an experienced federal defense attorney to build a strong defense.

Your defense attorney can identify several options that can help you fight the charges, such as proving that you are not a restricted person and have the right to possess or carry the weapon, the weapon in question is not prohibited, or the crime did not cross state or national boundaries.

If you are a licensed firearm dealer in good standing or authorities confiscated the weapon during an illegal search and seizure, your attorney can help defend your case. Additionally, if you can show that the weapons or agents involved were authorized and exempted under the law, you may have a defense.