When Does Firearm Possession Become a Federal Crime? 2024

Owning a firearm is a right granted by the Second Amendment. However, the right to own a weapon comes with tremendous responsibility. It is important to understand both state and federal firearm possession laws before attempting to possess a firearm. You could unknowingly violate federal law and open yourself up to legal trouble both federally and at the state level. You should understand, however, when firearm possession becomes a federal crime.

Possessing a Firearm a Federal Crime

Firearm possession evolves from a state offense to a federal offense once a certain federal firearms law has been violated. It is important to know who is allowed to carry a firearm legally in the United States and who is not. If you meet any of the following criteria, you cannot legally carry a firearm and could face federal charges if you violate any of the following:

• You are a convicted felon.
• You are a fugitive from justice.
• You were committed to a mental hospital.
• You are diagnosed with a debilitating mental illness.
• You have an addiction to a controlled substance.
• You were dishonorably discharged from the military.
• You are not a citizen of the United States.
• You have a restraining order against you for domestic violence and/or stalking.
• You have renounced your citizenship.

These are a few of the circumstances that could land you in federal court for a firearms charge.

Types of Federal Firearms Charges

A federal firearms offense is no laughing matter. If convicted, you could be looking at significant penalties that range from substantial prison time to overwhelmingly large fines. Federal charges tend to be more rigid than state charges, as many charges have mandatory minimum sentences. Here are some of the different types of federal firearms charges that could result in legal action against you:

• Illegal possession of a firearm. If you fit into any of the criteria listed above, you could be arrested for possessing a firearm illegally. This category also includes possessing a firearm that isn’t loaded, is dismantled, is inactive, or is locked away in a safe manner. You could also face similar legal action for having ammunition in your possession or not having the appropriate license for your firearm.
• Gun trafficking. Trafficking firearms is a serious crime that can become federal once your activity crosses state lines. At that point, guns become illegal in commerce. While still illegal, if the trafficking is happening within state lines, once it crosses over beyond state or national borders, you could be looking at serious prison time.
• Violent crimes. If any federal crime is committed with the illegal use of a firearm, then you will likely face additional federal weapons charges due to the use of that firearm. This happens particularly with violent crimes, such as rape, assault, or theft. The use of a firearm in these crimes only adds additional charges to your case.
• Fraudulent activity. While not as common or severe as some other federal firearm offenses, committing fraudulent firearms crimes can still land you in substantial trouble. Fraudulent activity can include forging weapon permits, providing a false background check, or illegally obtaining a weapons permit.

These charges, and others, could create significant legal difficulties and cause you to face penalties that include fines, jail time, and more. In addition, a felony conviction could impact your ability to find housing, employment, and future educational opportunities.

FAQs

What Makes a Gun Case Go Federal?

A firearms case goes federal once the trafficking of guns has gone across state lines or possession of a gun involves a prohibited individual, such as a convicted felon, an illegal alien, or someone with a restraining order against them for harassment. In addition, if the gun crime involves organized crime or an altered serial number on the weapon itself, it can involve a federal investigative agency such as the FBI or ATF.

Are All Gun Crimes Federal Crimes?

Not all gun crimes are federal crimes. The less serious the crime may appear, the higher the likelihood that it will be prosecuted at the state level. If a crime involves a handgun without intent to distribute it, it’s likely a state crime. Federal agencies get involved when there appears to be much more at stake, such as an interstate gun trafficking issue or a gun crime with multiple transgressions involved.

What Is the Definition of a Firearm Under Federal Law?

Under federal law, the definition of a firearm is a weapon that can expel a projectile using an explosive or can be converted into doing so. This includes the frame of the weapon, a muffler or silencer, and a destructive device like a bomb or grenade. It does not include antique firearms made before 1898, gunpowder, or muzzle-loading weapons. It is generally illegal to possess these destructive devices unless they are registered with the proper entity.

What Guns Are Federally Illegal?

Federal law prohibits the possession of several different types of firearms, including short-barreled rifles, sawed-off shotguns, fully automatic rifles, silencers, bombs, grenades, landmines, and firearms that are not detectable by airport security. Possessing any of these kinds of firearms can open you up to legal action at the federal level and could result in significant prison time or hefty fines. You must also register your firearms with the federal government.

Contact Our Texas Criminal Defense Lawyer

Facing federal gun charges can be a frightening ordeal to handle on your own. It is good practice to retain the services of an experienced criminal defense lawyer. Your lawyer can help you figure out a defense strategy, make sense of the federal charges being made against you, and help you make sure you are not taken advantage of by state or federal investigative entities.

At The Law Offices of Richard Kuniansky, we understand the kind of legal assistance you need to fight federal firearms charges. We can help you develop your case, gather the right kind of evidence, and protect your interests from start to finish. Contact us to schedule a consultation with our team.