Federal Unlawful Possession of Firearm

Chicago Federal Unlawful Possession of Firearm Defense Lawyer

Federal Unlawful Possession of Firearm Criminal Charge Under 18 U.S.C. § 922(g)

As an experienced criminal defense attorney in Chicago, I understand that facing federal charges for the unlawful possession of a firearm can be a daunting and life-altering experience. These charges are serious and carry significant penalties, including lengthy prison sentences and hefty fines. This article will provide a comprehensive overview of the federal unlawful possession of firearm criminal charge under 18 U.S.C. § 922(g), including the relevant statutes, potential penalties, common defenses, and the importance of having skilled legal representation. My goal is to equip you with the knowledge necessary to understand your situation and make informed decisions about your defense.

Understanding the Statute and Relevant Laws

The federal unlawful possession of a firearm statute, 18 U.S.C. § 922(g), makes it illegal for certain individuals to possess firearms. Specifically, this statute prohibits the possession of firearms by individuals who fall into one or more of the following categories:

1. Convicted felons

2. Fugitives from justice

3. Unlawful users of or addicts to controlled substances

4. Individuals adjudicated as mentally defective or committed to a mental institution

5. Illegal aliens

6. Individuals dishonorably discharged from the armed forces

7. Individuals who have renounced their U.S. citizenship

8. Individuals subject to a restraining order for harassing, stalking, or threatening an intimate partner or child

9. Individuals convicted of misdemeanor domestic violence

18 U.S.C. § 922(g) also prohibits the possession of firearms by individuals who are under indictment for a crime punishable by imprisonment for a term exceeding one year. This statute is designed to prevent individuals who are deemed dangerous or untrustworthy from possessing firearms, thereby enhancing public safety.

In addition to 18 U.S.C. § 922(g), other relevant statutes include:

18 U.S.C. § 924, which provides the penalties for violations of 18 U.S.C. § 922(g). This statute outlines the mandatory minimum sentences, maximum penalties, and enhancements for repeat offenders and individuals who use firearms in the commission of other crimes.

18 U.S.C. § 921, which provides definitions for terms used in the statutes, including “firearm,” “ammunition,” “crime punishable by imprisonment for a term exceeding one year,” and “misdemeanor crime of domestic violence.” These definitions are crucial for understanding the specific conduct that is prohibited under federal law and for identifying the elements that the prosecution must prove to secure a conviction.

Understanding these statutes is critical for anyone facing federal unlawful possession of firearm charges. Each statute outlines specific prohibited conduct and associated penalties, making it essential to have a detailed understanding of the law to mount an effective defense.

Potential Punishments and Consequences

The penalties for federal unlawful possession of firearm charges under 18 U.S.C. § 922(g) are severe, reflecting the serious nature of these offenses. If convicted, defendants can face substantial fines, lengthy prison sentences, and other significant consequences. Here’s an overview of the potential punishments and consequences:

Prison sentences for violations of 18 U.S.C. § 922(g) can be lengthy, often ranging from several years to decades. The base offense level under the federal sentencing guidelines can result in a sentence of up to 10 years in federal prison. However, if the defendant has prior convictions or if the firearm was used in the commission of another crime, the penalties can be significantly enhanced. For example, individuals with three or more prior convictions for violent felonies or serious drug offenses can face a mandatory minimum sentence of 15 years under the Armed Career Criminal Act (ACCA).

Fines for violations of 18 U.S.C. § 922(g) can be substantial, often reaching up to $250,000. These fines are intended to serve as a deterrent and to punish those who unlawfully possess firearms. In addition to fines imposed by the court, defendants may also be required to pay restitution to any victims affected by the unlawful possession.

Probation is generally not an option for those convicted of federal unlawful possession of firearm charges due to the mandatory minimum sentences and the severity of the crimes. However, in cases where probation is imposed, it will come with stringent conditions, including regular reporting to a probation officer, participation in counseling or treatment programs, and restrictions on firearm possession.

A federal conviction for unlawful possession of a firearm results in a permanent criminal record, which can have far-reaching implications. This criminal record can affect employment opportunities, housing options, and social relationships. Additionally, those convicted of federal unlawful possession of firearm charges are prohibited from possessing firearms in the future, which can impact their ability to hunt, participate in shooting sports, and exercise their Second Amendment rights.

Beyond the legal penalties, a conviction for federal unlawful possession of firearm charges can have profound personal consequences. The social stigma associated with these charges can lead to ostracism from friends, family, and the community. The emotional and psychological impact on the defendant and their loved ones can be devastating, underscoring the importance of having a skilled and experienced attorney to mount a vigorous defense.

Common Defenses for Federal Unlawful Possession of Firearm Charges

Defending against federal unlawful possession of firearm charges requires a strategic and comprehensive approach tailored to the specifics of the case. There are several common defenses that can be effective in challenging these charges:

One potential defense is the argument that the defendant did not possess the firearm. Possession can be actual or constructive, and the prosecution must prove that the defendant had knowledge of and control over the firearm. If the defense can demonstrate that the firearm was not in the defendant’s possession or that the defendant was unaware of its presence, this can be a strong defense.

Another defense is the challenge to the legality of the search and seizure that led to the discovery of the firearm. The Fourth Amendment protects against unreasonable searches and seizures, and any evidence obtained in violation of these protections may be inadmissible in court. This can involve challenging the validity of the search warrant, the scope of the search, or the manner in which the search was conducted.

Entrapment is another potential defense in federal unlawful possession of firearm cases. Entrapment occurs when law enforcement induces a person to commit a crime that they would not have otherwise committed. If the defense can demonstrate that the defendant was coerced or persuaded by law enforcement to possess the firearm, this can be a valid defense.

The defense may also argue that the defendant is exempt from the prohibition under 18 U.S.C. § 922(g). For example, if the defendant’s prior conviction has been expunged, set aside, or pardoned, they may not be prohibited from possessing a firearm under federal law. Similarly, if the restraining order prohibiting firearm possession has been dissolved or dismissed, this can also be a strong defense.

Each case is unique, and the best defense strategy will depend on the specific facts and circumstances. Consulting with an experienced criminal defense attorney who understands federal firearm laws is essential for developing a tailored defense plan that addresses the specifics of the case and maximizes the chances of a favorable outcome.

Unlawful Possession of a Firearm Frequently Asked Questions (FAQs)

What constitutes unlawful possession of a firearm under federal law?

Unlawful possession of a firearm under federal law is governed by 18 U.S.C. § 922(g). This statute makes it illegal for certain individuals to possess firearms, including convicted felons, fugitives from justice, unlawful users of or addicts to controlled substances, individuals adjudicated as mentally defective or committed to a mental institution, illegal aliens, individuals dishonorably discharged from the armed forces, individuals who have renounced their U.S. citizenship, individuals subject to a restraining order for harassing, stalking, or threatening an intimate partner or child, and individuals convicted of misdemeanor domestic violence. It also prohibits possession by individuals under indictment for a crime punishable by imprisonment for a term exceeding one year.

What are the penalties for federal unlawful possession of a firearm charges?

The penalties for federal unlawful possession of a firearm charges are severe and can include lengthy prison sentences, substantial fines, and mandatory registration as a felon. The base offense level under the federal sentencing guidelines can result in a sentence of up to 10 years in federal prison. However, if the defendant has prior convictions or if the firearm was used in the commission of another crime, the penalties can be significantly enhanced. For example, individuals with three or more prior convictions for violent felonies or serious drug offenses can face a mandatory minimum sentence of 15 years under the Armed Career Criminal Act (ACCA). Fines can reach up to $250,000, and probation is generally not an option due to the mandatory minimum sentences.

Can I be charged with a federal offense if I did not know the firearm was in my possession?

Yes, federal charges can still apply even if you did not know the firearm was in your possession. The prosecution must prove that you had knowledge of and control over the firearm to secure a conviction. However, lack of knowledge can be a strong defense in these cases. If you can demonstrate that you were unaware of the firearm’s presence or that you did not have control over it, this can be an effective defense strategy. Consulting with an experienced attorney who understands federal firearm laws is crucial for developing a tailored defense plan that addresses the specifics of your case.

What are some common defenses against federal unlawful possession of a firearm charges?

Common defenses against federal unlawful possession of a firearm charges include arguing that the defendant did not possess the firearm, challenging the legality of the search and seizure, claiming entrapment, and arguing that the defendant is exempt from the prohibition under 18 U.S.C. § 922(g). Each defense strategy will depend on the specific facts and circumstances of the case. An experienced criminal defense attorney can identify weaknesses in the prosecution’s case, present a robust defense on your behalf, and negotiate for reduced charges or alternative sentencing options.

Why is it important to have an attorney for federal unlawful possession of a firearm charges?

Federal unlawful possession of a firearm charges carry severe penalties and complex legal issues. Having an experienced attorney is crucial for protecting your rights, developing an effective defense strategy, and navigating the federal criminal justice system. An attorney can identify weaknesses in the prosecution’s case, negotiate for reduced charges or alternative sentencing options, and provide guidance and support throughout the legal process. Additionally, facing federal charges can be incredibly stressful and emotionally taxing. An attorney can provide reassurance and help you make informed decisions about your defense.

The Importance of Legal Representation

Facing federal unlawful possession of a firearm charges is a serious matter that requires skilled legal representation. Here’s why you need an attorney and why you should choose The Law Offices of David L. Freidberg:

Federal firearm laws and procedures are complex, and understanding them requires in-depth knowledge and experience. An experienced attorney who understands these laws can provide the necessary expertise to develop a strong defense strategy. Your attorney will ensure that your rights are protected throughout the legal proceedings, from the initial investigation to the trial.

A knowledgeable attorney can identify weaknesses in the prosecution’s case and present a robust defense on your behalf. This can include challenging the legality of the search and seizure, disputing the prosecution’s evidence, and arguing lack of knowledge or intent.

In many cases, an attorney can negotiate with the prosecution for reduced charges or alternative sentencing options. This can involve plea bargaining, where the attorney negotiates for a lesser charge or a more lenient sentence in exchange for a guilty plea. This can be particularly important in federal cases, where the penalties can be severe.

Facing federal unlawful possession of a firearm charges can be incredibly stressful and emotionally taxing. An attorney can provide guidance, support, and reassurance throughout the process, helping you navigate the legal system and make informed decisions about your defense.

Call The Law Offices of David L. Freidberg For Your FREE Consultation

If you are facing federal unlawful possession of firearm charges, don’t face it alone. Contact The Law Offices of David L. Freidberg for skilled legal assistance. With decades of experience and a commitment to protecting your rights, we offer a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County in Illinois. Let us help you navigate the legal system and fight for your future.