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Law Offices of Richard C. McConathy
5700 Granite Pkwy #200
Plano , Texas , 75024 USA
(469) 304-3422

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The Second Amendment to the U.S. Constitution guarantees the right to keep and bear arms but is not an unlimited right. Federal laws apply to a number of activities involving weapons and violations of federal law can result in very serious criminal charges.

Convictions can carry the threat of lengthy prison sentences and steep fines. Federal agencies also have far greater resources than their state counterparts with which to vigorously pursue convictions.

Federal Weapons Crimes

Plano Federal Weapons Crimes Lawyer

If you or your loved one was arrested or believe that you might be under investigation for an alleged federal weapons crime in the Plano area, you should not say anything to authorities until you have legal representation and criminal defense. Make sure you contact the Law Offices of Richard C. McConathy.

Our firm can fight to possibly get your criminal charges reduced or dismissed. We will provide a complete evaluation of your case when you call (469) 304-3422 or contact us online to receive a free consultation.

People Prohibited from Weapons Possession

Federal law makes it illegal for a person to possess a weapon or firearm if they:

  • have been convicted of a misdemeanor crime of domestic violence
  • are under indictment for or have been convicted of a crime punishable by imprisonment for a term exceeding one year
  • are subject to a restraining order
  • are a fugitive from justice
  • have renounced their United States citizenship
  • are an unlawful user of or addicted to any controlled substance
  • have been dishonorably discharged from the Armed Forces
  • are illegally or unlawfully in the United States or have been admitted to the United States under a non-immigrant visa
  • have been adjudicated as a mental defective or has been committed to any mental institution
 

Types of Federal Weapons Crimes

The United States Code contains a number of weapons and firearms offenses. Unlawful acts in Title 18 U.S. Code § 922 include:

  • Possession of handgun by a juvenile, Title 18 U.S. Code § 922(x)(2) — Up to one year in prison.
  • Engagement in the business of importing, manufacturing, or dealing in firearms, Title 18 U.S. Code § 922(a)(1) — Up to five years in prison.
  • Sale or transfer of handgun to juvenile, Title 18 U.S. Code § 922(x)(1) — Up to 10 years in prison.
  • Shipment or transport of firearm to the unlicensed recipient, Title 18 U.S.Code § 922(a)(2) — Up to five years in prison.
  • Possession or transfer of large-capacity ammunition feeding device, Title 18 U.S. Code § 922(w) — Up to five years in prison.
  • Possession, transfer, or manufacture of a semiautomatic assault weapon, Title 18 U.S. Code § 922(v) — Up to five years in prison.
  • Receipt of a firearm from out of state by an unlicensed person, Title 18 U.S. Code § 922(a)(3) — Up to five years in prison.
  • Theft of firearms from the licensee, Title 18 U.S. Code § 922(u) — Up to 10 years in prison.
  • Transfer of firearm without a background check, Title 18 U.S. Code §922(t) — Up to one year in prison.
  • Interstate transport of certain weapons by an unlicensed person, Title 18 U.S. Code § 922(a)(4) — Up to five years in prison.
  • Sale or transfer of handgun without a background check, Title 18 U.S.Code § 922(s) — Up to one year in prison.
  • Assembly of a shotgun or semiautomatic rifle from imported parts, Title 18 U.S. Code § 922(r) — Up to five years in prison.
  • Possession or knowing or reckless discharge of a firearm in a school zone, Title 18 U.S. Code §§ 922(q)(2) and 922(q)(3) — Up to five years in prison.
  • Manufacture, importation, sale, shipment, or possession of firearms designed to avoid detection, Title 18 U.S. Code § 922(p) — Up to five years in prison.
  • Possession of machine gun, Title 18 U.S. Code § 922(o) — Up to 10 years in prison.
  • Transfer, sale, or transport of weapon by an unlicensed person to another unlicensed, out-of-state person, Title 18 U.S. Code § 922(a)(5) — Up to five years in prison.
  • Shipment, transport, or receipt of a firearm by a person under felony indictment, Title 18 U.S. Code § 922(n) — Up to five years in prison.
  • Falsification of records by the licensee, Title 18 U.S. Code § 922(m) — Up to one year in prison.
  • Importation or receipt of firearms, Title 18 U.S. Code § 922(l) — Up to five years in prison.
  • Possession, receipt, shipment, or transport of firearm with altered or obliterated serial number, Title 18 U.S. Code § 922(k) — Up to five years in prison.
  • Receipt, possession, concealment, storage, barter, sale, or disposal of a stolen firearm, Title 18 U.S. Code § 922(j) — Up to 10 years in prison.
  • Shipment or transport of stolen firearm, Title 18 U.S. Code § 922(i) — Up to 10 years in prison.
  • False statements in connection with the purchase of a firearm, Title 18 U.S.Code § 922(a)(6) — Up to 10 years in prison.
  • Possession of a firearm by a prohibited person, Title 18 U.S. Code § 922(g)— Up to 10 years in prison.
  • Manufacture or importation of armor-piercing ammunition, Title 18 U.S.Code § 922(a)(7) — Up to five years in prison.
  • Delivery of firearm to the common carrier without written notice, Title 18 U.S. Code § 922(e) — Up to five years in prison.
  • Sale or delivery of armor-piercing ammunition, Title 18 U.S. Code §922(a)(8) — Up to five years in prison.
  • Sale to a prohibited person, Title 18 U.S. Code § 922(d) — Up to 10 years in prison.
  • Sale to juvenile, Title 18 U.S. Code § 922(b)(1) — Up to five years in prison.
  • Sale without proper record-keeping, Title 18 U.S. Code § 922(b)(5) — Up to five years in prison.
  • Sale to a person in violation of state law, Title 18 U.S. Code §922(b)(2) — Up to five years in prison.
  • Sale of certain prohibited weapons, Title 18 U.S. Code § 922(b)(4) — Up to five years in prison.
  • Sale to the out-of-state recipient, Title 18 U.S. Code § 922(b)(3) — Up to five years in prison.
 

Penalties in Title 18 U.S. Code § 924 includes the following offenses:

  • Theft of firearm from a licensee, Title 18 U.S. Code § 924(m) — Up to 10 years in prison.
  • Shipping, transport, or receipt of a firearm with intent to commit a felony, Title 18 U.S. Code § 924(b) — Up to 10 years in prison.
  • Theft of firearm, Title 18 U.S. Code § 924(l) —Up to 10 years in prison.
  • Carrying, using, or possessing a firearm in connection with a crime of violence or drug trafficking crime, Title 18 U.S. Code § 924(c) — Up to 30 years in prison.
  • Smuggling firearm into the U.S. with intent to commit specified offenses, Title 18 U.S. Code § 924(k) — Up to 10 years in prison.
  • Armed Career Criminal Act (convicted person who has three prior convictions for serious drug offenses or violent felonies), Title 18 U.S. Code§ 924(e) — Mandatory minimum sentence of 15 years in prison.
  • Causing death during crime of violence or drug trafficking crime —Title 18 U.S. Code § 924(j) — Punishable by death or life in prison.
  • Transfer of firearm knowing it will be used to commit specified offenses, Title 18 U.S. Code § 924(h) — Up to 10 years in prison.
  • Interstate travel to acquire or transfer firearm with intent to commit specified offenses, Title 18 U.S. Code § 924(g) — Up to 10 years in prison.
 

Other weapons and firearms crimes listed elsewhere in the U.S. Code include:

  • Knowingly making a false entry on application or record, Title 26 U.S.Code § 5861(l) — Up to 10 years in prison.
  • Crime of violence or drug trafficking crime while in possession of armor-piercing ammunition, Title 18 U.S. Code § 929(a)— Mandatory minimum sentence of five years in prison.
  • Receipt or possession of an unlawfully imported firearm, Title 26 U.S.Code § 5861(k) — Up to 10 years in prison.
  • Possession of a firearm in a federal facility, Title 18 U.S. Code § 930(a) — Up to one year in prison.
  • Transport, delivery, or receipt of an unregistered firearm, Title 26 U.S.Code § 5861(j) — Up to 10 years in prison.
  • Failure to register as a dealer, manufacturer, or importer, or to pay required tax, Title 26 U.S. Code § 5861(a) — Up to 10 years in prison.
  • Receipt or possession of firearm unidentified by serial number, Title 26 U.S. Code § 5861(i) — Up to 10 years in prison.
  • Receipt or possession of a firearm with obliterated, removed, or altered serial number, Title 26 U.S. Code § 5861 — Up to 10 years in prison.
  • Receipt or possession of an unregistered firearm, Title 26 U.S. Code §5861(d) — Up to 10 years in prison.
 

Federal Weapon Crime Defenses in Plano

A number of defenses could be applicable in these cases. Many alleged offenders may have unknowingly possessed weapons. Other people may be charged after having their firearm rights restored.

Some people may have been the victims of entrapment, and others might have valid illegal search and seizure claims against the police. Self-defense could also be used in some cases.

Plano Federal Weapon Crime Resources

Quick Reference To Federal Firearms Laws —View a Department of Justice fact sheet listing federal weapons crimes. Possible penalties are also included. You can also find definitions.

Weapons Offenses and Offenders | Bureau of Justice Statistics (BJS) — View this November 1995 Department of Justice publication discussing weapons offenses and offenders. The report found arrests of juveniles comprised an increasing proportion of weapons arrests. The number of federal weapons offenses investigated and prosecuted has increased at least 4-fold since 1980.

Find a Plano Federal Weapon Crime Attorney | Law Offices of Richard C. McConathy

Were you or your loved one arrested or think that you could be under investigation for a federal weapon crime in Plano or another area in Collin County? Make sure that you retain legal counsel right away.

The Law Offices of Richard C. McConathy will be by your side and provide an aggressive defense in court. Call (469) 304-3422 or contact us online to schedule a free consultation.

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