Federal gun crimes can have serious implications and consequences for years after the case is settled. Law enforcement agencies take these cases seriously, and it’s easy to feel overwhelmed when you’re facing federal agencies like the FBI or the ATF. You need strong legal representation to protect you and your future. You need Harrison & Hart, LLC.
Under the Second Amendment of the U.S. Constitution, you have the right to bear arms, but it is critical to comply with both state and federal gun laws. Violating these laws can lead to serious federal gun charges with severe penalties. In Albuquerque, billboards posted by the FBI highlight the agency’s commitment to prosecuting firearm offenses, reading: “Gun Crime equals Federal Time. No parole.” As Special Agent in Charge Raul Bujanda explained, “This is not a slogan – it’s a promise.”
With New Mexico law enforcement and federal authorities taking gun and firearm charges extremely seriously, it is more important than ever to have experienced legal protection. If you are facing federal gun charges in Albuquerque or elsewhere in New Mexico, the attorneys at Harrison & Hart, LLC can provide a confidential case review and guide you through every step of the legal process. Contact our team today to protect your rights and your future.
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 gun and firearm charges at both the state and federal levels, but there are important differences that affect potential penalties and legal strategy.
Firearm charges can be escalated from state to federal level under certain circumstances. This may occur when multiple firearms are involved, guns are transported across state lines, or other aggravating factors are present. Understanding this distinction is critical to protecting your rights and planning a strong defense.
Cases tried in federal court often carry significantly harsher consequences. Convictions for federal gun charges can result in longer federal prison sentences and higher fines than comparable state charges. Being aware of these potential penalties helps you make informed decisions with your attorney.
It is essential to know whether your case will be handled at the state or federal level to fully understand the potential legal consequences. If you are uncertain about your situation, contact a firearm charge attorney in New Mexico. A skilled attorney can explain your charges, clarify potential penalties, and guide you through the defense process.
Facing federal gun charges means facing the full weight of the federal government, and that’s not a fight you should walk into without experienced counsel in your corner. At Harrison & Hart, LLC, we understand what’s at stake when a case moves from state court to federal court, and we know how aggressively federal prosecutors pursue firearm offenses in New Mexico.
Our attorneys have the trial experience and legal knowledge to scrutinize every detail of your case, from how evidence was obtained to whether your constitutional rights were respected along the way. We won’t let you become another number in a system that too often treats “no parole” as a foregone conclusion. When you work with us, you get attorneys who will fight to protect your freedom, your record, and your future, no matter how serious the charges against you may seem.
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Penalties & Defenses
Convictions for federal gun crimes and firearm charges carry serious consequences that vary depending on the specific offense. Understanding the potential penalties can help you work with a federal firearms attorney in New Mexico to develop an effective defense strategy.
If convicted of selling a firearm without a license, you could face up to five years in federal prison. This charge often arises when individuals attempt to sell firearms outside regulated channels, making legal guidance essential.
The sale of an illegal firearm can result in up to ten years in federal prison. Our attorneys evaluate the circumstances of the sale, challenge evidence, and explore potential defenses to reduce or dismiss the charges.
Providing false information during a gun purchase can lead to up to ten years in federal prison. Federal prosecutors take these violations seriously, and having experienced defense counsel is critical to protecting your rights.
Illegal possession of a firearm carries penalties of up to ten years in federal prison. Our attorneys can challenge the circumstances of possession and ensure that any evidence against you was obtained legally.
Being convicted of possessing a firearm in a school zone can add an additional five years to your sentence. This law is strictly enforced to protect children, making expert legal representation essential.
If a convicted felon possesses a firearm, the federal penalty can reach up to ten years in prison. Our attorneys investigate prior convictions and work to identify potential defenses to reduce or avoid the maximum sentence.
Using or possessing a firearm during another federal offense can lead to up to five additional years in federal prison, which may be served consecutively to other sentences. We carefully analyze these charges and challenge the government’s evidence to protect your future.
It’s important to note that federal sentences may not run concurrently, meaning you could face a significantly longer prison term if convicted of multiple firearm offenses. A skilled New Mexico federal gun charges attorney can advocate for reduced or concurrent sentences when possible.
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 that constitutional rights were violated. If the police lacked 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 federal attorney will need to show that you had a 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 federal firearms attorney to discuss the circumstances of your case.
A federal firearms conviction typically results in a lifetime ban on owning or possessing guns under federal law. Restoration of those rights is possible in limited circumstances, such as a successful appeal, expungement, or a pardon, but it’s a difficult and highly fact-specific process. We can talk you through what restoration might realistically look like in your situation.
A straw purchase happens when someone buys a firearm on behalf of another person while falsely claiming on federal forms that it’s for themselves, often to help someone who can’t legally pass a background check. Buying a gun as a genuine gift isn’t illegal, but the line between the two can get blurry fast, and federal prosecutors don’t always see the distinction the way you do. If you’re being investigated for a straw purchase, the details of that transaction matter enormously.
Yes. State and federal prosecutors don’t always coordinate closely, and it’s possible to face parallel or sequential charges for the same conduct. Federal authorities may step in when they see interstate transport, involvement of a federal agency like the ATF, or connections to other federal crimes, like RICO crimes or conspiracy charges. If you’re already facing state charges, it’s worth having an attorney evaluate your federal exposure before it catches you off guard.
Simply being near a firearm isn’t the same as possessing it under the law. Federal prosecutors must prove actual or constructive possession, meaning they need to show you had knowledge of the weapon and some degree of control over it. These cases often come down to circumstantial evidence, and there are real defenses available when possession isn’t clear-cut.
Yes, and this catches many people off guard. Under federal law, a felony conviction, even a decades-old one, can bar you from possessing a firearm for life unless your rights have been formally restored. We regularly review clients’ criminal histories to determine whether an old conviction is actually valid grounds for a current felon-in-possession charge.
The ATF investigates federal firearms violations and often works alongside local law enforcement and federal prosecutors. If ATF agents have already contacted you, or you believe you’re under investigation, it’s important to speak with an attorney before answering any questions or providing a statement.
For non-citizens, a federal firearms conviction can carry immigration consequences, including removal proceedings, regardless of how long you’ve lived in the U.S. If immigration status is a concern in your case, we factor that into the defense strategy from day one.
In some cases, yes. Depending on the strength of the government’s evidence and the specifics of your background, negotiating a plea to a lesser charge or securing a more favorable sentencing recommendation may be a realistic option. We’ll always be upfront with you about whether a plea or a trial gives you the better shot at protecting your future.
As soon as possible. Federal investigations often move slowly and quietly before charges are ever filed, which means there may be an opportunity to intervene, correct misinformation, or limit your exposure before the case escalates. Waiting until formal charges arrive can mean losing valuable time to build your defense.
Federal cases in New Mexico are typically handled in the U.S. District Court for the District of New Mexico, but where exactly your case is heard can depend on where the alleged offense occurred. We’ll walk you through what to expect based on the specifics of your situation.
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Turn to Harrison & Hart
Gun charges and firearm crimes can quickly become federal offenses. Our federal gun charge lawyers at Harrison & Hart, 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.
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From our office in Albuquerque, Harrison & Hart, LLC serves clients throughout New Mexico. We are focused on getting you the best outcome possible in the harshest of situations.
