Has the federal government charged you with a gun crime in Southern California? If so, you need a Los Angeles federal gun charges defense attorney from the Law Office of Justin E. Sterling to fight these serious charges and stand up for your rights.
Attorney Justin E. Sterling has over two decades of criminal trial experience and longstanding relationships with Los Angeles prosecutors, judges, and court staff. He will dedicate his time and resources to pursuing a favorable outcome for your federal gun crime case. Contact our law firm now to discuss your situation in a free consultation.
What Are Federal Gun Charges?
Federal charges involving guns typically arise in cases where a firearms offense occurs across state lines or in connection with another federal crime. Federal gun crimes differ from state firearms offenses in several ways. Many states have stricter gun laws than the U.S. Code, which means some gun-related activities that are legal under federal law can be against California law. However, federal gun laws often lead to more severe penalties than their state counterparts.
Examples of federal gun charges include:
- Illegal possession of a firearm or ammunition by a prohibited person (e.g., a convicted felon, drug user, non-resident alien, fugitive from justice, or dishonorably discharged U.S. servicemember)
- Use or possession of a gun in connection with or in furtherance of a drug felony or federal crime of violence
- Possession or manufacture of illegal firearms, such as fully automatic weapons, silenced firearms, sawed-off rifles, semiautomatic assault weapons manufactured after October 1993, or deadly weapons with altered or missing serial numbers
- Theft of firearms or possession of stolen firearms
- Possession or discharge of a firearm in a school zone
- Safe or transfer of a firearm to a minor
- Inclusion of false statements on a gun purchase record
- Unlicensed firearm trafficking
What a Federal Gun Charges Defense Attorney Can Do for You
If you’re facing prosecution for a federal firearms offense, a federal gun charges defense lawyer can help you with your case by:
- Explaining the charges against you and potential outcomes so you can make informed decisions
- Investigating the charges
- Obtaining evidence supporting your case
- Evaluating potential defense strategies, such as challenging the admissibility of evidence
- Contesting the government’s case by filing motions to dismiss your charges or exclude evidence
- Pursuing a favorable resolution for your case, whether that involves negotiating a plea deal or advocating your innocence at trial
The Federal Gun Enforcement Process
Major federal laws regulating the manufacturing, distribution, possession, and use of firearms include:
- The National Firearms Act of 1934 – Regulates Title II weapons such as machine guns, suppressors, short-barreled rifles, and heavy weapons
- The Federal Firearms Act of 1938 – Requires firearm manufacturers, importers, and dealers to have federal firearms licenses, keep customer records, and prohibits gun transfers to certain individuals
- The Gun Control Act of 1968 and the Firearm Owners Protection Act of 1986 – Regulates interstate commerce of firearms, restricting such commerce to licensed dealers, and prohibiting the sale of certain automatic weapons to civilians
- The Gun-Free School Zones Act of 1990 – Prohibits unauthorized individuals from possessing firearms in school zones
- The Brady Handgun Violence Prevention Act – Requires background checks for most firearms purchasers
Common Federal Gun Charges Handled by the Law Offices of Justin E. Sterling
At the Law Offices of Justin E. Sterling, our experienced gun crime attorney can fight to protect your rights, freedom, and future in cases involving weapons offenses like:
- Unlawful possession of firearms by prohibited persons
- Unauthorized trafficking of firearms
- “Straw” purchases (acquiring firearms for prohibited persons)
- Use or possession of a firearm during a drug offense or violent crime
- Possession of firearms without serial numbers or with altered or obliterated numbers
- Possession of illegal firearms
Our firm also handles cases involving armed career criminal designations, which can significantly increase the severity of penalties for firearm-related convictions.
Common Defenses in Federal Gun Crime Cases
Depending on the facts of your case, your attorney might pursue various defense strategies to contest your gun charges in federal court. Common defenses lawyers use in federal gun crime cases include:
- Lack of possession – Your attorney could fight gun charges by arguing that you did not have actual or constructive possession of the firearm(s).
- Lack of intent – A lawyer could contest a federal gun charge by arguing that you lacked intent, as many offenses require proof that you intentionally or knowingly committed the crime.
- Mistake of fact – In some cases, your attorney could argue that you made a mistake of fact, such as mistakenly believing that the law did not prohibit you from possessing a firearm.
- Unlawful searches, seizures, or interrogations – Your lawyer could seek to exclude evidence from the government’s case by arguing that investigators obtained it illegally.
Potential Consequences of Federal Gun Convictions
You could face severe penalties if convicted on federal gun charges. Many federal firearms offenses carry sentences of up to five or 10 years in federal prison. Some crimes, such as the use or possession of a firearm during a drug or violent crime, also have mandatory minimum sentences and the potential for life imprisonment. Those offenses also require defendants to serve sentences consecutive to any other convictions.
A federal gun conviction can also have other collateral consequences. People convicted of federal gun crimes must surrender any weapons they own or possess. Convictions will also appear on your criminal record during background checks for employment, housing, or educational applications, which can significantly limit personal opportunities even after a sentence has been completed.
Contact a Los Angeles Federal Gun Crime Defense Attorney Today
If you have been arrested on federal gun charges, you need experienced legal counsel to protect your rights and give you the best chance of avoiding the most severe consequences of a conviction. Contact the Law Offices of Justin E. Sterling today for a confidential consultation. Our California federal gun charges attorney can answer your questions and discuss how to pursue a favorable resolution to your case.