“While guns should not be in the hands of violent offenders, current federal mandatory minimum sentences for gun possession crimes are broadly written and sometimes produce absurd and unintended results, treating nonviolent gun owners as if they had committed heinous crimes.” – Families Against Mandatory Minimums
If you are facing federal firearms charges, you’ll want to get the best defense possible because federal gun laws are complex and carry harsh penalties. Depending on the specific charge and the circumstances of the case, you could face fines, imprisonment, forfeiture of your firearms, and loss of your civil rights. Some federal firearms offenses have mandatory minimum sentences that can range from five to 30 years.
Federal firearms charges can arise from various situations, such as:
“unlawful users of or addicted to any controlled substance,” or a domestic violence offender;
– Making false statements or using a straw purchaser to buy a firearm from a licensed dealer;
– Transporting, delivering, or possessing a firearm with an altered or removed serial number;
– Selling or transferring firearms without a license or across state lines;
– Using or carrying a firearm during or in relation to a violent or drug-related crime.
Federal Firearms Charges Defense
Being charged with a federal firearms offense does not mean that you are guilty or that you have no defense. There are several possible defenses that your federal criminal defense attorney may be able to raise on your behalf, such as:
– Lack of knowledge: You did not know that you possessed a firearm, that the firearm was illegal, or that you were prohibited from possessing a firearm;
– Lack of intent: You did not intend to use or carry the firearm for an unlawful purpose, or you did not intend to make a false statement or misrepresent your identity when buying a firearm;
– Fourth Amendment violation: The firearm was seized from you as a result of an unlawful search or seizure by law enforcement;
– Entrapment: You were induced by law enforcement agents to commit a firearms offense that you would not have otherwise committed;
– Insufficient evidence: The prosecution does not have enough evidence to prove beyond a reasonable doubt that you committed a firearms offense.
These are just some examples of potential defenses that may apply to your case. The best way to determine your defense strategy is to consult an experienced federal criminal defense attorney who can review your case and advise you on your options. A skilled attorney can also negotiate with the prosecution for a plea bargain, dismissal, reduction of charges, or represent you at trial if necessary.
Federal firearms charges are serious and should not be taken lightly. If you are facing such charges, do not hesitate to contact an Orlando federal firearms charges defense attorney at the Rivas Law Firm. We can help you protect your rights and fight for your freedom. Call 407-644-2466 for a free consultation.