Firearms Violations

Violating state or federal firearms laws can result in serious criminal charges. Police, prosecutors, and the public take gun crimes seriously, especially in light of statistics showing high incidences of serious injury or death from the intentional misuse of firearms that firearms laws intend to discourage. Employers, family protective services workers, professional licensing boards, and others who may hold your interests in the balance also take gun charges seriously. Conviction of a firearm crime, even one involving only possession without any use of the gun, can result in severe criminal punishments and serious collateral consequences. Don’t minimize your firearms criminal charges. Retain the Lento Law Group’s preeminent attorneys for your best defense of firearms charges.

Types of Firearms Crimes

State and federal laws define several different types of firearms crimes. Several of those crimes are serious felony crimes, while others are misdemeanor crimes. Whether your charge is for a misdemeanor firearms crime or a felony firearms crime will generally determine whether you face the potential for more than one year in jail, in the case of a felony, or less than one year in jail, in the case of a misdemeanor. While state and federal laws vary in how they define firearms crimes, consider the following typical examples.

Misdemeanor Firearms Crimes

Misdemeanor firearms crimes may include intentionally discharging a firearm without malice, brandishing a firearm in public, possessing a firearm on prohibited premises, reckless discharge of a firearm, intentionally aiming a firearm without malice, or possessing a firearm while intoxicated. Examples include:

• shooting a gun into the air in revelry;
• drawing and displaying a gun above one’s head in a club;
• carrying a gun into a church or school where prohibited;
• carrying a gun out of a bar after drinking to the point of inebriation.

Felony Firearms Crimes

Felony firearms crimes may include assault with a firearm, robbery armed with a firearm, possessing a stolen firearm, possessing a firearm while already having suffered conviction of a felony, and possessing a firearm while committing a felony. Carrying a concealed weapon with state authorization is a felony in some states while not a crime in others. Examples include:

• pointing a firearm at a person while threatening bodily harm;
• robbing a retail establishment using a gun;
• hiding a gun for a friend who stole it;
• borrowing a gun after suffering a felony domestic violence conviction;
• having a gun on one’s person while beating another with a club.

Federal Firearms Crimes

Federal firearms crimes include trafficking in firearms or ammunition smuggled across state lines, misrepresenting information to obtain a firearms license, felon in possession of a firearm, possessing certain illegal firearms like a sawed-off shotgun or machine gun, and committing a felony such as aggravated assault while possessing a firearm. 

Consequences of Firearms Crimes

Whether a misdemeanor or felony crime, conviction of a firearms crime can carry severe consequences. Don’t underestimate the consequences, or you may fail to devote the necessary time and resources to your effective defense. Consider the following potential consequences of a firearms crime conviction.

Criminal Penalties for Firearms Crimes

States and the federal government punish felony firearms crimes with up to a decade or more in prison and a $250,000 fine, depending on the seriousness of the felony and aggravating factors. State and federal firearms felonies may also require minimum prison sentences of five, seven, ten years, or more. Less serious felonies may result in sentences of one to three years in prison and fines of $10,000 or more. Misdemeanor convictions generally authorize jail of one year or less. Minor misdemeanors such as brandishing without malice may carry a jail sentence of up to ninety days and a fine of a few hundred dollars.

Firearm Crime Consequences for Child Custody

Jail or prison time, and hefty fines, are only the first serious consequence that defendants facing firearms charges usually consider. Conviction of a firearms crime can also affect child custody. If you suffer a firearms conviction, you may lose your child or children to protective services. The other parent may take your child or children, or your child or children may end up in foster care. You may also be unable to contact and visit your child or children. Family courts and protective services officials treat firearms violations seriously and will readily curtail child custody and visitation or parenting time rights.

Firearm Crime Consequences for Employment

Conviction of a firearms violation may also result in the loss of your professional license or vocational certification, especially if you are in healthcare, education, law enforcement, social services, or another field involving safety, security, or vulnerable individuals. If you lose your license or certification in a disciplinary proceeding before an administrative board, you may also lose your job and career. Even if your job doesn’t require a license or certification, you may lose your job if your employer believes you to be a safety and security risk. 

Other Firearm Crime Consequences

Conviction of a firearms violation may carry other collateral consequences. You could lose your lawful immigrant status and face deportation proceedings. You could lose a security clearance critical to your job or field. You could also lose important volunteer opportunities and suffer harm to your personal reputation and community relationships.

Defending Firearm Crime Charges

Just because you face a firearms charge doesn’t mean you’ve done something wrong. And even if prosecutors do have evidence supporting a firearms charge, you may have valid defenses to the charge. Defenses to a firearms charge, and circumstances mitigating an offense that may warrant voluntary dismissal, may include:

• you did not possess or control the firearm;
• you did not know of the existence of the firearm;
• you did not know of the firearm’s location;
• you had lawful authority to possess the firearm;
• the police violated your constitutional rights in search and seizure;
• the prosecution has violated your procedural rights;
• you have a clean record and good character.

Premier Criminal Defense Available Nationwide

Don’t risk a firearms crime conviction. You have too much at stake. Retain the Lento Law Group’s skilled and experienced attorneys to defend your firearm crime charges. Get our premier defense nationwide. Call 888-535-8652 or reach out online.