If you have questions about the laws concerning gun possession, this article will provide you with an answer. You may be surprised to learn that you’re not automatically charged with a federal crime if you have a gun. The laws regarding gun possession can vary from state to state. Regardless of your situation, you should hire an attorney who understands the law and can defend you in court. In this article, we’ll discuss some of the most common defenses for gun crimes.
If you’ve been convicted of a felony in the past, you may also be charged with a federal crime. Federal firearm possession charges carry serious penalties, ranging from 10 years to $250,000 in fines. Additionally, convictions for drug trafficking offenses can lead to life imprisonment. Whether or not you have been convicted of a federal crime, an experienced attorney can provide you with the best defense possible.
The first question is whether you’re in actual possession of a firearm. This can be defined as either constructive or actual possession. Constructive possession means that you had control and dominion over the firearm. The second question involves whether the firearm was fired. In most cases, it’s not enough to possess a firearm if you didn’t discharge it or brandish it. Even if you had no knowledge that you were in possession of a firearm, you’re still suspected of committing a federal crime.
The definition of a firearm under federal law includes any weapon capable of expelling a projectile. It also includes its frame, receiver, muffler or silencer, and a destructive device. Some firearms are exempt from federal gun laws – antique guns, military veterans dishonorably discharged, etc. Moreover, knowingly selling a firearm to someone prohibited by law could land you in jail for a decade.
If you have committed a felony for gun possession, you will need to hire a qualified lawyer. Federal laws regarding guns are complex and you may be facing criminal charges for possession. A conviction could result in a lengthy prison sentence. Using a firearm to commit another federal crime can also add years to your sentence. And the longer you spend in prison, the higher your punishment will be. A knowledgeable gun crime lawyer can help you get the best possible outcome for your situation.
Fortunately, federal laws regarding guns are more flexible than you might think. Most gun violations take place on state and local government property, although some crimes have been prosecuted in federal court. A federal prosecutor needs a compelling national interest to prosecute a gun-possession case. The interstate commerce clause gives the federal government jurisdiction over firearms. All firearms in Virginia pass through interstate commerce. As such, federal law protects you against illegal gun sales and can even prevent the sale of firearms to people who are prohibited by local laws.
There are some categories of guns that are illegal to own by civilians without a special license. A machine gun is illegal for civilian possession under 18 U.S.C. SS 922(o). The weapon automatically fires more than one shot with a single pull of the trigger. Violation of this law can lead to a ten-year sentence and, if used during the commission of another crime, a mandatory minimum of thirty years.