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NYC Federal Firearm Crimes Lawyers

In the United States, there are hundreds of millions of individuals who legally possess firearms. The State of New York has some of the strictest firearm laws in the country. Beyond the many different New York state laws, there are a variety of Federal laws that cover a person’s ability to purchase, sell or possess a firearm. When a person is charged with breaking federal laws covering firearms, they could be facing federal prosecution. When a person is convicted in a federal court of breaking federal firearms laws, the possibility of a long mandatory minimum jail sentence in a Federal prison is a real possibility.

Firearm Definition
The federal definition of a firearm is found under 18 U.S. Code Section 921 (3). A firearm is defined as any weapon that expels a projectile. This must be accomplished utilizing an explosive. This also covers any weapon that is designed to be converted into a device that can expel a projectile with an explosive. A receiver or frame for any such weapon fits this category. It also includes any firearm silencer, muffler or destructive device. Antique firearms are not part of this definition.

False Representation
It is against federal law for anyone to knowingly makes a false statement involving records that are kept for the purpose of purchasing a firearm. Federal statutes make it against the law for anyone to sell or provide a firearm as well as ammunition to an individual they may have a reason to believe fits one of the following categories and more.

RESTRAINING ORDER
If someone has a RESTRAINING ORDER taken out against them, this person cannot purchase a firearm.

FELON
A person who has been convicted of committing a felony cannot purchase a firearm

FUGITIVE
If a person has a warrant out for their arrest and is avoiding law enforcement, they cannot purchase a firearm.

U.S. CITIZENSHIP
Should a person have renounced their U.S. citizenship, they will not be permitted to purchase a firearm.

DISHONORABLE DISCHARGE
Should someone have received a dishonorable discharge from the U.S. Military, they are not permitted to purchase a firearm.

ILLEGAL ALIEN
A person who is in the United States illegally cannot legally purchase a firearm.

MENTAL INSTITUTION
Any person who has previously been committed to a mental institution is not permitted to own a firearm.

Crimes
There are a number of different federal firearm crimes. It is illegal for an individual to barter, sell, store, conceal, possess or ship a firearm that has been stolen across state lines. It is also illegal for a person to obtain a firearm from a dealer by providing statements whether written or oral that are false. A person is not permitted to present false identification to a firearms dealer with the intention to deceive. It is also illegal for an individual to carry, discharge, possess a firearm while inside a federal facility. This includes a post office, federal court building and more.

Statute Of Limitations
A capital offense includes everything from espionage to hijacking, treason and more. Others capital offenses are such things as a drive-by shooting connected to drug activity as well as murder for hire and more. Should a person have committed a crime that is not a capital offense, there is a time limit for prosecuting them. This is known as a statute of limitations. According to 18 U.S. Code 3282, the statute of limitations for noncapital crimes is 60 months or five years. This does not apply to violent offenses and capital crimes involving the use of firearms.

Firearm Trade
There are a number of federal crimes associated with illegal firearm trade. It is against federal law to import, produce or participate in transactions involving firearms across New York state lines. It is also against federal law for an individual to sell or distribute a firearm to any person who isn’t a licensed collector, importer-dealer or manufacturer.

Punishment
The punishment a person could receive for a gun-related crime will vary. It could be determined by which statues were violated. In some cases, a person will receive mandatory minimum sentencing. These prison sentences can range from a five to thirty-year term. They cover everything from firing a gun during a criminal act, brandishing or possessing a firearm and more. Drug crimes involving firearms can also subject a person to mandatory minimum sentencing.

Firearms charges cover a broad range of crimes involving the use of firearms. They can be leveled against people on both the state and federal levels. The exact charges that a person might face will vary from state to state, depending on the circumstances outlined in each state statute.

The second Constitutional amendment ensures that every citizen of the United States has a right to bear arms. This amendment is considered a cornerstone of the rights of the American people. However, the amendment has also been the subject of a great deal of controversy and Congressional debates. Even though the right to bear arms is guaranteed by the Second Amendment, every state has the right to regulate the way their weapons are owned and used.

Law enforcement and criminal prosecution officials tend to impose harsh penalties on people who commit firearms related offenses. This is because of the dangers that firearms can pose not just to the individual in question, but also to the general public.

Illegal Carrying of Weapons

Different states have different policies under which a person is permitted to carry a weapon. Some states have open carry laws, in which a person can carry a weapon in the open if they have a permit to do so. Some states have laws that allow people to carry concealed firearms provided they have a permit.

Regardless of the state, there are certain places that you cannot bring a firearm. For example, you will not be permitted to bring firearms into a hospital or clinic. Most banks and businesses also have rules against people bringing firearms inside. Even though you might have the right to carry a firearm, these businesses have the right to restrict your ability to carry that firearm while on their premises.

You should become familiar with the carrying laws of your state. Some states make it illegal for you to carry any loaded and unloaded firearms as long as you aren’t on your property. You also need to have the proper license for the firearm, and you need to make sure that you only use the firearm according to the lawful uses outlined in state laws. It’s also important that you not possess any illegal types of firearms. Machine guns and sawed-off shotguns are two types of illegal firearms. If you possess these, regardless of whether you do so on private property, you could be subject to criminal charges at the federal level.

The same laws that govern firearms also govern the use of other dangerous weapons. These include stilettos, blowguns, daggers, ballistic knives, and other weapons that can cause serious damage.

If you are brought up on firearms charges for carrying an unlicensed weapon, you could be subject to mandatory prison sentences of up to 18 months. If you face firearms charges for owning an illegal weapon like a machine gun, you might face life in prison if you’re found guilty.

For this reason, it’s imperative that you get in contact with an attorney as soon as possible. Make sure your attorney has experience negotiating firearms cases in your state. Because the laws regarding the possession of firearms vary so much from state to state, you need to make sure that your lawyer is familiar with your state’s regulations along with the federal regulations.

You might find yourself subject to multiple firearms charges for the same incident. When this occurs, you may also be subject to more severe penalties. If you’re convicted of multiple offenses, the prison sentences for these offenses must be served concurrently rather than simultaneously. This means that if you receive a three year sentence for one offense, and a five year sentence for another, you’ll be sent to prison for eight years.

Your lawyer will help you examine your options and create the best plan of defense for your particular case. Contact a lawyer immediately if you find yourself facing any kind of firearms charge.

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