Firearm Offenses

Sherman Firearm Offenses Defense Lawyer


Since the 9/11 tragedies, Federal prosecutors have priorities prosecuting federal firearms offenses. The "prohibited person" statute, 18 U.S.C. 922(g) makes it unlawful for convicted felons, fugitives from justice, drug addicts, the mentally incompetent, aliens, people under protective orders or convicted of family violence, persons under indictment or on deferred adjudication probation for a felony, and others from possessing a firearm. Whether you are a prohibited person is usually not in contest, unless you are accused of unlawful user in possession, but whether you possessed a firearm usually is. Not only can the Federal prosecutors get a charge on actual possession, but they will attempt to convict you on “constructive possession,” which basically means you knew about the firearm and its location and had the ability to exercise control over it. Simple unlawful possession carries a punishment range of zero to ten years in federal prison, but if you have a significant history, you may can be bumped all the way up to armed career criminal and face much more time.

Another prosecution emphasis is false information on ATF forms, which one must fill out in order to purchase a firearm from a licensed dealer. If any of the information was falsified, particularly whether the firearm was being purchased for you and not a third person, the Feds will jump in and prosecute. With all the violence in Mexico and drug related violence, prosecutors are working with the Bureau of Alcohol, Tobacco and Firearms to crack down on “straw purchases.”

If you are being investigated by them regarding firearm possession or purchase, call Micah S. Belden, now at 903-744-4252 for a free consultation.

Sherman & Plano, TX Criminal Defense Lawyer Blog - Firearms and Weapons