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.
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.
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.
If someone has a restraining order taken out against them, this person cannot purchase a firearm.
A person who has been convicted of committing a felony cannot purchase a firearm
If a person has a warrant out for their arrest and is avoiding law enforcement, they cannot purchase a firearm.
Should a person have renounced their U.S. citizenship, they will not be permitted to purchase a firearm.
Should someone have received a dishonorable discharge from the U.S. Military, they are not permitted to purchase a firearm.
A person who is in the United States illegally cannot legally purchase a firearm.
Any person who has previously been committed to a mental institution is not permitted to own a firearm.
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.
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.
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.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
85 Broad Street, 30th Floor
New York, NY 10005
35-37 36th St,
Astoria, NY 11106
195 Montague St.
Brooklyn, NY 11201