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Weapons & Guns + Laws, Charges & Statute of Limitations

March 21, 2024 Uncategorized
Weapons & Guns + Laws, Charges & Statute of Limitations
Firearms and weapons laws are complex. There are state and federal laws that govern who can own firearms, the type of legal firearms, and where you can possess said firearms. You should know that because there are so many different laws that regulate firearms, there is also the possibility of a variety of federal gun charges that are possible.

What Are The Federal Gun Laws?

The purpose of federal gun laws is to protect citizens against the illegal use of firearms. The unlawful use of firearms includes importation and the use of firearms in crimes.

There are penalties for gun law violations. The 18 United States Code Section 922 outlines federal gun laws. Each state has different gun laws. In most states, firearms are required to be purchased from a licensed dealer. In the case of purchasing from a private owner, you must legally document the transfer of ownership.

When transferring ownership of a firearm, the failure to properly report could lead to penalties. Also, you do not want to be responsible if the new owner participates in an unlawful act with the weapon.

What Are The Federal Gun Crimes & Charges?

Most of the federal gun laws have a specific target. The manufacture and importation of firearms are two of the main areas that are strictly governed by federal gun laws. In the United States, certain guns are not allowed. There are a few firearms that are prohibited from being sold (or manufactured) in the U.S.

Federal gun laws outline the permits and requirements to own a firearm in the U.S. Although, the U.S. federal government created legislation for gun laws and gun crimes, each state has its authority. Gun crimes are typically prosecuted differently from other crimes. Especially, if a firearm is used in a felony. Federal offenses with firearms can impact the charges and sentencing of the crime.

Christine Twomey
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
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
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
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
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
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
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
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
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.

The most common gun charge is the illegal trafficking of guns. Illegal trafficking of guns can include the unlawful trafficking or distribution of guns across state lines. Another federal gun offense is the importation of firearms from foreign countries.

To import guns, you must be licensed. Manufacturers and dealers have a license to import guns. If you are not a licensed importer such as a manufacturer or dealer, you cannot do the following:

• Participate in the business of manufacturing guns
• Engage in dealing or importing guns
• Send or receive any firearms from outside of state lines
• Participate in the transport of restricted weapons. Firearms like short-barreled shotguns, rifles, or machine guns are illegal in the U.S. and therefore restricted and not allowed to be transported
• You cannot sell, trade, give, or transport any guns to someone that is not a resident of the state you live in

The restrictions listed above are only a brief overview of the full list of restricted activities. You should know that the above restrictions only apply to those that are not a licensed dealer, importer, or manufacturer of firearms.

Punishments Connected to Federal Gun Charges

Punishments and penalties connected with gun charges can vary widely. Each case is different. The punishment given in a gun charge is dependent on the state in which the crime is committed. Also, the laws that were broken during the crime.

The federal government has guidelines that require anyone that uses a firearm in crime to face a mandatory minimum sentence.

Sentencing Guidelines for Federal Gun Charges

As mentioned, the federal government makes it known that mandatory minimum sentencing guidelines apply to all gun-related crimes.

A mandatory sentence for a gun crime can range from 5-30 years. A 5-30 year sentence is given to anyone that possesses, uses, or shows a gun during a violent crime. An example of a violent crime is a drug crime.

The gun charges connected to the importation of a firearm is different. If you are charged with illegally importing firearms, you can face from 5-10 years.

Statute of Limitations for Gun Charges

Gun importation or possession has a 60-month statute of limitations. So, a noncapital crime has sentencing ranging up to 5-years. If the crime committed is considered a capital crime, more jail time is required.

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CLAIRE BANKS

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RAJESH BARUA

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