NYC Federal Weapons Offenses
Weapons or firearms crimes that occur on federal property or involve weapons being transported across state lines can be prosecuted under federal law. These cases are especially serious because the penalties are frequently much more severe than state charges, often involving lengthier prison sentences and stiffer fines.
Furthermore, the prosecutors in federal weapons or firearms cases often have much greater resources because of the support of large agencies. This typically means that the accused will have to overcome a large amount of evidence and a staggering conviction rate that regularly exceeds 90 percent.
NYC Federal Weapons Offense Lawyer
If you have been charged with any sort of federal weapons or firearms offense, you will want to contact an experienced New York criminal defense attorney as soon as possible. Greco Neyland, PC defends clients at federal courthouses for the Southern District of New York in NYC and the Eastern District of New York in Brooklyn.
Jeff Greco and Dustan O. Neyland will thoroughly investigate your case and use their experience as former prosecutors to help develop the strongest possible defense against the charges you face. We can review your case and help you understand all of your legal options when you call [[$phone]] today to schedule a free, no-obligation consultation.
Overview of Federal Weapons Offenses
- Who does federal law prevent from possessing a weapon?
- What kinds of federal weapons offenses are there?
- Which kinds of weapons are prohibited?
- Where can I learn more about this topic?
Under 18 U.S. Code § 922(g), it is unlawful for any person to possess, receive, or ship or transport in interstate or foreign commerce any firearm or ammunition if he or she:
- has been adjudicated as a mental defective or who has been committed to a mental institution
- has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year
- has been discharged from the Armed Forces under dishonorable conditions
- having been a citizen of the United States, has renounced his or her citizenship
- is a fugitive from justice;
- is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act)
- is illegally or unlawfully in the United States, or has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act)
- is subject to a court order that was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate, restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, and either includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child, by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury, or who has been convicted in any court of a misdemeanor crime of domestic violence
Federal law contains several different weapons and firearms crimes. The range of possible punishments for these offenses varies depending on the specific charge. By maximum possible sentences, some of the crimes include the following:
- Up to one year in prison —
- Falsification of records by licensee
- Possession of handgun by juvenile
- Possession of firearm in federal facility
- Sale or transfer of handgun without background check
- Transfer of firearm without background check
- Up to five years in prison:
- Assembly of shotgun or semiautomatic rifle from imported parts
- Delivery of firearm to common carrier without written notice
- Engagement in business of importing, manufacturing, or dealing in firearms
- Importation or receipt of firearms
- Interstate transport of certain weapons by unlicensed person
- Manufacture, importation, sale, shipment, or possession of firearms designed to avoid detection
- Manufacture or importation of armor-piercing ammunition
- Possession or knowing or reckless discharge of firearm in school zone
- Possession or transfer of large capacity ammunition feeding device
- Possession, receipt, shipment, or transport of firearm with altered or obliterated serial number
- Possession, transfer, or manufacture of semiautomatic assault weapon
- Receipt of firearm from out of state by unlicensed person
- Sale of certain prohibited weapons
- Sale or delivery of armor-piercing ammunition
- Sale to juvenile
- Sale to out-of-state recipient
- Sale to person in violation of state law
- Sale without proper record-keeping
- Shipment or transport of firearm to unlicensed recipient
- Shipment, transport, or receipt of firearm by person under felony indictment
- Transfer, sale, or transport of weapon by unlicensed person to another unlicensed, out-of-state person
- Up to 10 years in prison:
- Failure to register as dealer, manufacturer, or importer, or to pay required tax
- False statements in connection with purchase of firearm
- Interstate travel to acquire or transfer firearm with intent to commit specified offenses
- Knowingly making false entry on application or record
- Possession of firearm by prohibited person
- Possession of machine gun
- Receipt or possession of unlawfully imported firearm
- Receipt or possession of unregistered firearm
- Receipt or possession of firearm with obliterated, removed, or altered serial number
- Receipt, possession, concealment, storage, barter, sale, or disposal of stolen firearm
- Sale or transfer of handgun to juvenile
- Sale to prohibited person
- Shipment or transport of stolen firearm
- Shipping, transport, or receipt of firearm with intent to commit felony
- Smuggling firearm into U.S. with intent to commit specified offenses
- Theft of firearm
- Transfer of firearm knowing it will be used to commit specified offenses
- Transport, delivery, or receipt of unregistered firearm
In addition to the crimes listed above, a person convicted of violating the Armed Career Criminal Act (a person who has three prior convictions for serious drug offenses or violent felonies) can receive a mandatory minimum sentence of 15 years in prison, a conviction for carrying, using, or possessing a firearm in connection with crime of violence or drug trafficking crime can result in up to 30 years in prison, and conviction of causing death during a crime of violence or drug trafficking crime may result in a sentence of death or life in prison.
The types of weapons defined in Title 18 U.S. Code § 921 include:
- Armor Piercing Ammunition
- Antique Firearm
- Destructive Device, including any explosive, incendiary, or poison gas bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or similar device
- Short-Barreled Shotgun
- Short-Barreled Rifle
- Firearm Silencer / Firearm Muffler
- Semiautomatic Rifle
- Body Armor
New York State Assault Weapon Registration — You can register your assault weapon at this website with your driver’s license or a non-driver ID. You can also update your registration or report a transfer, disposal, or loss of a registered assault weapon.Troop NYC
1 Wards Meadow Loop
New York, NY 10035
National Rifle Association Institute for Legislative Action (NRA-ILA) — You can find valuable information about gun laws in New York City on this website. There are also synopses of New York state laws about purchasing and possession of firearms as well as an interactive map of state reciprocity regarding gun permits.
Find the Best New York City Weapons Crime Lawyer for U.S. District Court
[[$firm]] defends clients throughout New York against all types of federal weapons charges, including possession of a firearm or ammunition by a prohibited person, weapons trafficking, sale or transfer of a weapon to a juvenile, and more. Our firm understands the devastating effects that a federal conviction can have on a person’s life, which is why we work tirelessly to fully investigate every aspect of a criminal case and challenge any evidence that was illegally obtained.
Dustan O. Neyland and Jeff Greco are former prosecutors who are not afraid of taking a federal case to trial. They can review your case when you call [[$phone]] right now to set up a free, confidential consultation.