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May 17 2018

Weapons – Guns Laws, Charges – Statute of Limitations

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Weapons Guns + Laws, Charges Statute of Limitations

Federal gun charges are among the most complex of federal laws. All states, as well as the federal government, have a sophisticated network of laws relating to who can possess firearms, what firearms may be possessed, where they can be used, and how they may be used. That being the case, there are many different federal gun charges possible, and some federal firearms laws may be violated even without intent to do so.

Federal Gun Laws

Federal gun laws are intended to protect the public from unlawful use of firearms, such as their illegal importation or the use of firearms in crimes. In the United States Code, 18 USC § 922 provides for penalties for anyone who attempts to engage in the importation of firearms and who is not a licensed importer, manufacturer, or dealer. In many states, the purchase of most firearms must be conducted through a licensed dealer. Private transfer of ownership between firearm owners must be appropriately documented.

YouTube Special Feature

Federal firearms laws they are often misunderstood, ignored or confused with one another. This video offers a quick look at the existing U.S. firearms laws at the Federal, State and Local levels.

Federal Gun Crimes Charges

Federal gun laws focus mainly on the importation and manufacture of firearms. To this end, they do define certain types of firearms which are restricted from being manufactured or sold. They also define the appropriate permits and other basics for firearm ownership.

It is crucial to understand, however, that most of the legal authority in the development of firearm legislation is deferred to the states. Naturally, using a firearm in the commission of a federal offense, especially a felony, can significantly impact the way the crime is prosecuted and the appropriate sentence.

However, for the most part, federal gun charges are related to illicit trafficking of guns across state lines. This can include the importation of guns between the states or the importation of guns from a foreign country into the United States. Those who are not licensed importers, dealers, or manufacturers of firearms may not:

  • Engage in the business of importing, manufacturing, or dealing in firearms.
  • Ship, transport, or receive any ammunition as part of any interstate commerce.
  • Transport or receive firearms purchased or obtained outside the state unless under certain specific circumstances.
  • Transport in interstate or foreign commerce certain “destructive devices” or firearms including machine guns, short-barreled shotguns, or rifles.
  • Transfer, transport, give, sell, trade, or deliver any firearm to any individual whom the person has reason to believe is not a resident of the state in question.

It is important to note that this is only a selection of restricted activities and that there are many more provided for by statute. Under appropriate circumstances, appropriately registered dealers, manufacturers, or importers may engage in most of these activities, and collectors may engage in some of them as well.

Federal Gun Punishment

Punishments for gun-related crimes vary widely based upon the specific statutes violated. Likewise, if an individual makes use of a gun during a crime, he or she will be subject to mandatory minimum sentences defined by the federal government.

Federal Gun Sentencing Guidelines

The federal government defines minimum sentences ranging from five to thirty years for possessing, brandishing, or firing a gun during a crime of violence, which can include drug crimes. Federal sentencing guidelines for importation-related violations generally range between five and ten years.

Federal Gun Statute of Limitations

For noncapital crimes related to gun possession or importation, 18 USC 3282 asserts a statute of limitations of 60 months: That is, five years. However, capital crimes and violent offenses that were committed using a firearm may be prosecuted beyond this time.

Gun Cases

Federal gun cases regularly make the news in today’s United States. Here are some examples:

  • In 2013, authorities in New York announced the city’s largest seizure of illegal guns in history. The guns included an arsenal of more than 250 guns, many of them failing to conform to federal standards for gun safety and all believed to have been smuggled into the city illegally to dodge state and other reporting requirements. (New York Magazine )
  • Many federal gun charges are linked to the international transit of guns from other countries, particularly from Mexico. Since 2009, federal efforts to track and prevent smuggling of guns from cartel-based sources in Mexico have intensified. It is believed that, around that time, more than 2,000 weapons per day were illegally smuggled into the U.S. from Mexico (USA Today )

Federal Gun Charges Quick Links References

Guns Firearms News

WPRI 12 Eyewitness News – 12 hours ago
Police said both guns and drugs were found in the home. Plomaritis was charged with possession of marijuana with intent to deliver, carrying a firearm without a license, possession of a firearm while.

Herald-Mail Media – 14 hours ago
A Hancock-area man facing charges in connection with a woman s disappearance has been convicted of illegally possessing firearms, including one bought by the missing person. Washington County.

Fox News – 1 week ago
Officers seized a Glock 23 pistol, a Bushmaster assault-style rifle and 90 rounds of ammunition, the report also states. Moles was arrested inside the hotel without incident and charged with carrying.

Terre Haute Tribune Star – 16 hours ago
A Parke County man faces federal charges of possession of a firearm by a convicted felon and possession of an unregistered, sawed-off shotgun. Michael N. Bryant, 49, is slated to appear in U.S.

NavyTimes.com – 7 days ago
Adamik said the resident s daughter had received a text message from Moles that said something to the effect of he was traveling to D.C. with a carload of weapons and he was going to visit.

Firearm Laws by State

Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

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