Criminal Defense Lawyers

NYC Federal Firearm Crimes Lawyers

There are millions of people living in the United States who are in legal possession of firearms, and New York State has some of the country’s strictest firearms laws. In addition to NYS laws, there are also federal laws regarding firearms. These laws affect who can buy, sell or own a firearm.

There are several ways to break the federal firearm law, depending on how you attained the firearm or how you used it. There are also legalities concerning who you gave or sold a firearm to. If you’ve been charged with breaking a federal firearm law, you may be up against federal prosecution, including a jail sentence in a federal prison.

Federal Definition of a Firearm

According to the federal definition, which is in 18 U.S. Code Section 921 (3), a firearm is a weapon that can expel a projectile via the use of an explosive. This also means that any weapon that be converted into such a device is considered a firearm. This includes frames, receivers, silencers and mufflers. Note that antique firearms do not typically fit the federal definition.

False Representation When Buying a Firearm

It is in violation of the federal law to purposely make a false statement on a record when buying a firearm. It’s also illegal for a person to sell or give a firearm or ammunition to someone if they feel that they are falsely representing themselves. A person who falls into one of the following categories should not be able to buy a firearm or ammunition:

• A person who has a restraining order against them.
• A person with a warrant out for their arrest and who is avoiding the police because of that warrant.
• A person who has a felony conviction.
• A person who has renounced their citizenship with the United States.
• A person who was dishonorably discharged from the United States military.
• A person who is not legally living in the United States.
• A person who was, at one point, committed in a mental institution.

If the person who is selling the firearm believes or knows that the buyer fits any of the descriptions above, it is illegal for them to either sell or provide the person with a firearm or ammunition. Doing so can mean legal action will be taken against them.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Types of Federal Firearm Crimes

There are several different types of federal firearm crimes, including the following:

• It’s not legal for a person to get a firearm from a firearms dealer if they provided either oral or written statements that are not true. This includes giving false identification to the seller for the sake of deceiving them in order to get the firearm.

• It’s not legal for anyone to barter, conceal, possess, sell, ship or store a firearm if it has crossed New York State lines.

• It’s not legal for anyone to carry, possess or discharge a firearm in a federal building, including a federal court house or a United States post office.

Federal Crimes and Illegal Firearm Trade

In addition to the federal crimes listed above, there are also federal crimes concerning the illegal trade of firearms. It’s illegal to produce, import or even participate in any transaction that involves firearms crossing state lines. Additionally, it’s illegal to distribute or sell a firearm to a person who is not a manufacturer, importer, dealer or collector, and that person must have a license.

Punishment for Firearm Crimes

The type of punishment a person will receive after they’ve committed and been charged with a firearm crime varies based on the specifics of the case. It will need to be decided specifically which statutes have been violated in order to determine the appropriate sentence. Sometimes, the person charged will get the minimum legal sentence. Prison sentences start at five years and can be as long as 30 years. Prison sentences may be given for crimes including firing a firearm while committing a criminal act, or possessing a firearm. Additionally, drug crimes that include a firearm also mean that the person may be given at least the minimum sentence.

Statute of Limitations

There is not a statute of limitations for capital crimes or violent offenses that include a firearm. These may include hijacking, espionage, drive-by shootings, murder or treason. When it comes to firearm crimes that are not a capital or violent offense, the statute of limitations in accordance with 18 U.S. Code 3282 is five years, or a total of 60 months. The statute of limitations means that this is the time limit for prosecuting a firearms crime, so long as it is not a capital crime or a violent offense.

If you’ve been charged with breaking a federal firearm law, contact experienced NYC federal firearm crimes lawyers today.