What are the punishments for federal weapons charges in New York City?
Federal weapons charges in New York City can lead to severe punishments. Here is an overview of some of the main federal laws and potential penalties:
Possession of banned weapons
Under 18 U.S.C. § 922, it is illegal to possess machine guns, silencers, sawed-off shotguns, explosives, and other weapons banned by federal law. Simply possessing these weapons is a felony punishable by up to 10 years in prison and $250,000 in fines for each count.
Possession of a firearm by a prohibited person
It is illegal under federal law for certain people to possess any kind of firearm, including felons, domestic abusers, and drug users. The penalty is up to 10 years in prison.
Using a firearm during a violent crime
If you use a gun during any kind of violent crime, you face a mandatory minimum 5 year sentence added on top of the sentence for the underlying crime. So if you rob a bank with a gun, you’ll get at least 5 extra years in prison just for using the gun.
Possession of a firearm with an obliterated serial number
It is illegal to possess a gun with a removed or altered serial number. The penalty is up to 5 years in prison.
Dealing firearms without a license
Selling guns regularly requires a federal firearms license. Getting caught selling guns without a license brings up to 5 years in prison and $250,000 in fines per violation.
In addition to federal charges, New York state has its own strict gun laws that can lead to additional charges and penalties.
The punishments increase dramatically if you have prior felonies on your record. There are federal “three strikes” laws that can land you in prison for life for a third gun conviction.
While judges have some discretion at sentencing, the baseline federal guidelines for gun crimes are very severe. Hiring an experienced criminal defense lawyer is essential to try to minimize the penalties.