NATIONALLY RECOGNIZED FEDERAL LAWYERS

27 Nov 23

Philadelphia Federal Gun Charges: Possession, Trafficking and Violence

| by

Last Updated on: 15th December 2023, 07:10 pm

Philadelphia Federal Gun Charges: Possession, Trafficking and Violence

Gun violence is a huge problem in Philadelphia. As of November 2022, the city has seen over 450 homicides, most involving firearms. The situation is dire and many residents live in fear. Clearly, keeping illegal guns off the streets is crucial.

Gun Possession Charges

Simply having a gun can trigger federal charges if you fall into a prohibited category. Who’s barred from owning firearms? Felons, domestic abusers, some mental health patients, and illegal drug users. There are also age limits, with handguns illegal for those under 18.

In Philadelphia, illegal possession charges often involve stolen guns or those with removed serial numbers. Both are federal offenses. Penalties depend on criminal history but commonly include years behind bars.

Defending these charges requires proving you legally owned the gun. For instance, if it was a gift or inheritance. But it’s an uphill battle if you’re already prohibited. Still, skilled lawyers can sometimes get charges dismissed or reduced.

Gun Trafficking Charges

Trafficking means selling guns illegally – no license and no background checks. In Philly, gangs often traffic guns by having members with clean records buy them in other states. That’s called “straw purchasing” and it’s a serious federal felony.

Penalties for trafficking depend on the number and type of guns sold over time. More weapons, especially assault rifles or machine guns, lead to longer sentences – decades in some cases. And if the guns get used in crimes afterwards? Even harsher punishment.

Defending trafficking charges requires undermining the prosecution’s evidence. For example, questioning the credibility of informants or undercover agents. It’s also possible to argue you got pushed into the sales by aggressive government operatives.

Using Guns in Violent Crimes

Among the most serious federal gun charges are armed bank robbery, carjacking, kidnapping, and any other violent crime committed with a firearm. Brandishing or discharging a gun during one of these offenses leads to severe mandatory minimum sentences – often 25 years or more per count.

Defending these charges means attacking the evidence linking you to the crime. That often requires an alibi or mistaken identity claim. Self-defense is also possible but rarely works in federal cases unless response was clearly proportional.

The Bigger Picture

Federal gun laws aim to get firearms off the street and dissuade violence. And the stakes are undoubtedly high if you face charges. But questions remain about fairness and true impact.

LEARN MORE  Philadelphia Immigration Fraud Lawyers

For example, some ask if lengthy sentences for possession actually keep communities safer. And whether aggressive undercover stings just make situations worse. The answers aren’t always simple.

There’s also the issue of consistency. Most gun charges stay at the local level, not federal. So why do some cases trigger far harsher penalties? It’s complex but race and socio-economics likely play a role.

The bottom line – if you’re charged federally, the outlook is grim. You need an experienced lawyer well-versed in gun statutes and federal sentencing policies. And even then, severe punishment is hard to avoid. When stakes are this high, prevention starts at the community level long before policing.</ Reducing poverty, increasing opportunity, and stopping the violence at its roots – that’s the true path forward.

Citations

Philadelphia surpasses 400 homicides in 2022, on pace with last year’s decades-high total

Department Of Justice Project Safe Neighborhoods Brings Together Law Enforcement and Community Leaders to Reduce Violent Crime

Felon Sentenced To Federal Prison For Illegally Possessing Loaded Handgun In Philadelphia

Member Of West Philadelphia Drug Trafficking Group Sentenced To 150 Months In Prison For Drug And Gun Crimes

Federal Firearm Offenders, 2016–2018