Under the U.S. Constitution’s Second Amendment, you have the right to bear arms. You must adhere to state and federal gun laws or risk criminal penalties. Billboards throughout Albuquerque have indicated the local FBI’s importance in prosecuting gun and firearm charges. These billboards state, “Gun Crime equals Federal Time. No parole.” Special Agent in Charge Raul Bujanda said, “This is not a slogan – it’s a promise.”
With New Mexico law enforcement and government officials taking gun charges so seriously, it has never been more important to protect yourself when facing federal gun crimes and firearm charges. Reach out to our Harrison, Hart & Davis, LLC team for a confidential case review today.
What are Federal Firearms Charges?
There are multiple federal gun charges that you could be facing. However, under 18 USC 924 and 18 USC 922, it is against the law to buy, sell, possess, or otherwise use firearms when transported or sold across state lines. Common types of federal firearms charges include:
Individuals can face charges at the state and federal levels, but there is a significant difference between them. Firearm charges could be increased from the state to the federal level when many firearms are involved, guns are transported across state borders, or other extenuating circumstances apply.
Those who have their cases tried in federal court are far more likely to face harsh criminal penalties. Not only will individuals convicted of federal gun charges face time in federal prisons, but the amount of time they can spend incarcerated will be increased, as will the number of fines they could be ordered to pay.
It is essential to understand that you could face charges at the state and federal levels to know which penalties you face. If you are unsure whether your case will be tried at the state or federal level, do not hesitate to contact your firearm charge attorney to discuss your gun charges.
“Harrison & Hart has represented me in four lawsuits, during which I have continued to be impressed by their intelligence, knowledge of the law and professional integrity. They are creative and shrewd, but honest and forthright. I would confidently take them into any legal battle I faced.” — DL
Penalties & Defenses
The consequences of a conviction for a firearm charge vary depending on the type of gun charge you face. Common penalties associated with federal gun crimes and firearm charges include:
It should be noted that when facing federal firearms charges, the sentence you face may be prohibited from running concurrently. You could expect to spend considerably longer in federal prison if you are guilty of federal firearm laws.
Federal gun charges are some of the most severe criminal offenses you could face. Fortunately, there are several defenses you could use to challenge the charges against you.
One of the most common defenses is arguing constitutional rights violations. If the police did not have a search warrant and conducted an unlawful search and seizure, the charges against you could be reduced or dismissed entirely.
This is because law enforcement has no right to search or seize a weapon unless they have a valid search warrant, or the firearm is considered “in plain view.”
You might also argue that you were acting in self-defense. However, your attorney will need to show that you had reasonable belief that you or someone else was at imminent risk of severe bodily injury or death and that you only used a fair amount of force to protect yourself or someone else from this imminent risk of severe bodily injury or death.
The prosecutor must prove guilt beyond a reasonable doubt to convict you. Your attorney will be tasked with introducing that reasonable doubt in the minds of the jury and judge so you can obtain a favorable outcome in your case.
Explore your defense options further when you contact your firearms attorney to discuss the circumstances of your case.
Turn to Harrison, Hart & Davis
Gun charges and firearm crimes can quickly become federal offenses. Our federal gun charge lawyers at Harrison, Hart & Davis, LLC have the experience, knowledge, and compassion you need to clear your name of the charges against you.
Start working on your federal defense strategy as soon as possible. We are ready to hear your case and help you challenge the charges against you at trial. Use our quick contact form or call (505) 295-3261 to learn more about what options may be available to you.
From our office in Albuquerque, Harrison, Hart & Davis, LLC serves clients throughout New Mexico. We are focused on getting you the best outcome possible in the harshest of situations.