Answering FAQs About Federal Firearms Charges in New York City

Answering FAQs About Federal Firearms Charges in New York City

Federal gun laws can be really confusing and intimidating. If you or someone you care about is facing federal firearms charges in New York City, you probably have a lot of questions. This article aims to answer some of the most frequently asked questions in a helpful and conversational way.

What are some common federal firearms charges?

There are a bunch of different federal laws about guns that you could be charged with violating. Here are some of the most common federal firearms charges:

• Possession of a firearm by a prohibited person – It’s illegal for certain people like felons, domestic abusers, or drug users to have a gun. Even if the gun isn’t used in a crime, just having it can lead to federal charges.
• Possession of an unregistered firearm – All guns in the U.S. must be registered. Having an unregistered gun, even if you’re legally allowed to own guns, is a federal crime.
• Transfer of a firearm to a prohibited person – It’s illegal to knowingly sell, give, or otherwise provide a gun to someone who isn’t allowed to have firearms.
• Possession of a stolen firearm – If you have a gun that you know was stolen, you can face federal charges even if you weren’t the one who stole it.
• Trafficking firearms – Buying and re-selling a large number of guns, especially into prohibited places like New York City, is considered firearms trafficking and is a very serious federal crime.

There are also federal laws about transporting guns, making false statements to buy guns, or using guns to commit other crimes. Pretty much anything to do with illegal guns can lead to federal charges.

How are federal gun charges different from state charges?

If you break a New York state gun law, you’ll usually just face charges under the New York Penal Code. But if your case gets picked up federally, there are some important differences:

• Federal gun charges often have mandatory minimum sentences – like 5 years for possession of a firearm by a prohibited person. State charges don’t have mandatory minimums.
• Federal sentencing guidelines tend to be harsher for gun crimes compared to state guidelines.
• There’s no parole in the federal system. You have to serve at least 85% of your sentence.
• Illegal gun possession is easier to prove in federal court compared to state court.

So while a state charge might get pleaded down to a misdemeanor with no jail time, the same conduct federally could mean years in federal prison. The feds don’t mess around when it comes to guns!

What are some possible defenses to federal firearms charges?

Here are some of the most common defenses that a knowledgeable federal gun crimes lawyer might use:

• You didn’t actually possess the gun – If the gun was found in your house or car, you can argue it belonged to someone else who left it there without your knowledge.
• You didn’t know the gun’s status – For example, you honestly didn’t know the gun was stolen or unregistered. This can negate the intent required for some federal gun crimes.
• The search was illegal – If the police violated your 4th Amendment rights by searching you or your property without probable cause and a warrant, the evidence may get thrown out.
• You were entrapped – This isn’t common, but if an informant pressured you into committing a gun crime you wouldn’t have otherwise committed, an entrapment defense may apply.

A good lawyer will look at every angle of your case to figure out what defenses give you the best chance of an acquittal or reduced charges.

What are the penalties if convicted of federal firearm charges?

As mentioned earlier, federal gun crimes often come with lengthy mandatory minimum prison sentences. Here are some examples of potential penalties:

• Possession of a firearm by a prohibited person – 5 years minimum, up to 10 years maximum
• Possession of an unregistered firearm – Up to 10 years in prison
• Firearms trafficking – Up to 20 years in prison
• Possession of a machine gun – 30 years minimum

In addition to prison time, federal gun convictions often involve massive fines of $250,000 or more. And there will likely be a period of supervised release after you get out of prison where your rights and activities are restricted.

These severe penalties make it critical to have an experienced federal gun crimes attorney fighting for you every step of the way.

What should you do if facing federal firearms charges?

Here are some important tips if you or a loved one is charged with a federal gun crime:

• Remain silent and avoid making any statements to police until you have a lawyer.
• Hire a lawyer who specializes in federal criminal defense and has experience with gun cases. Don’t just go with a local defense lawyer.
• Follow your lawyer’s advice about whether to accept a plea bargain or go to trial.
• Be honest with your lawyer so they can build the best defense strategy.
• Stay positive – even federal gun cases can be won with an aggressive legal defense.

The bottom line is don’t panic and don’t give up hope. Federal prosecutors win a lot of gun cases, but a great lawyer can still get charges dismissed or penalties reduced. The law is on your side.

What recent legal developments impact federal firearms cases?

There have been some notable recent legal developments that could help people facing federal gun charges:

• In 2019, the U.S. Supreme Court ruled that vague state gun laws violate the right to bear arms under the 2nd Amendment. This precedent can be used to challenge vague federal gun laws.
• The bipartisan Safer Communities Act passed in 2022 increased penalties for gun trafficking. But it also increased funding for mental health and crisis intervention programs, which could benefit some defendants.
• A 2022 court ruling in New York said the city can’t deny gun permits solely based on a person’s moral character and minor offenses like traffic tickets. This could make it harder for prosecutors to prove “prohibited person” charges.

Experienced federal defense lawyers stay up-to-date on all new court rulings and laws that could help get charges dismissed or penalties reduced for their clients.