Las Vegas Federal Firearms Violations Defense Attorney
Firearms violations encompass a range of federal offenses involving the illegal possession, sale, transfer, or use of firearms. Charged under 18 U.S.C. § 922, these violations can include crimes such as illegal firearm sales, possession of a firearm by a felon, trafficking firearms across state lines, and more. Federal prosecutors and agencies like the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) aggressively pursue firearms offenses due to their potential links to violent crime, drug trafficking, and organized crime. A conviction for firearms violations can result in severe penalties, including lengthy prison sentences and significant fines.
At Hofland & Tomsheck, attorney Josh Tomsheck is a Nationally Board Certified Criminal Lawyer with extensive experience defending clients against firearms charges in federal court. Whether you're facing charges related to illegal possession, trafficking, or other firearm-related offenses, Josh Tomsheck has the skills and expertise to provide a strong defense.
What Are Firearms Violations?
Firearms violations under 18 U.S.C. § 922 cover a broad spectrum of illegal activities involving firearms. Common firearms offenses include:
Possession of a Firearm by a Felon: Under 18 U.S.C. § 922(g), it is illegal for individuals who have been convicted of a felony to possess a firearm. This is one of the most commonly prosecuted firearms violations and can result in severe penalties, especially if the firearm is connected to another crime.
Illegal Firearm Sales: Selling or transferring a firearm without conducting proper background checks or without a federal firearms license (FFL) is prohibited under 18 U.S.C. § 922(a). This law is designed to prevent firearms from being sold to individuals who are prohibited from owning them, such as felons or those with mental health issues.
Trafficking Firearms Across State Lines: Under 18 U.S.C. § 922(a)(5), it is illegal to transfer firearms across state lines without adhering to federal laws. This charge is common in cases involving organized crime, gang activity, or drug trafficking.
Possession of a Firearm in a School Zone: 18 U.S.C. § 922(q) prohibits individuals from possessing a firearm within 1,000 feet of a school. Violations of this law are often tied to additional charges if the individual is involved in other criminal activities.
Straw Purchases: Making a false statement when purchasing a firearm for someone else (i.e., "straw purchasing") is prohibited under 18 U.S.C. § 922(a)(6). This violation is often charged in cases involving individuals buying firearms for those prohibited from possessing them.
These are just a few examples of the numerous firearms violations prosecuted under 18 U.S.C. § 922. Federal firearms laws are complex, and the penalties for violating them can vary depending on the circumstances of the case.
Case Law and Legal Precedents for Firearms Violations
Several key cases have shaped how firearms violations are prosecuted under federal law. In District of Columbia v. Heller, 554 U.S. 570 (2008), the Supreme Court ruled that the Second Amendment protects an individual's right to possess a firearm for lawful purposes, such as self-defense in the home. However, the ruling also clarified that the right to bear arms is not unlimited, and certain regulations, such as prohibitions on possession by felons, remain constitutional.
In United States v. Hayes, 555 U.S. 415 (2009), the Supreme Court held that individuals convicted of misdemeanor domestic violence offenses are prohibited from possessing firearms under federal law. This case expanded the scope of 18 U.S.C. § 922(g) by applying the firearm possession ban to individuals convicted of domestic violence misdemeanors.
Another important case is United States v. O'Brien, 560 U.S. 218 (2010), which addressed the mandatory minimum sentence enhancements for possessing a firearm in connection with a violent crime or drug trafficking offense. The Court ruled that the fact of possession of a firearm in these cases must be proven beyond a reasonable doubt to a jury, emphasizing the importance of a fair trial in firearms cases.
Penalties for Firearms Violations
Firearms violations are serious federal crimes that carry harsh penalties, particularly in cases involving repeat offenders, violent crimes, or drug trafficking. The penalties for firearms violations under 18 U.S.C. § 922 include:
Fines: Individuals convicted of firearms violations can face significant fines, which may range from several thousand to hundreds of thousands of dollars, depending on the offense and any aggravating factors.
Imprisonment: The statutory maximum penalty for firearms violations varies depending on the specific offense. For example, possession of a firearm by a felon (18 U.S.C. § 922(g)) can result in up to 10 years in federal prison, while firearms trafficking or straw purchasing can carry even longer sentences.
Mandatory Minimum Sentences: In cases where firearms are used in connection with violent crimes or drug trafficking, mandatory minimum sentences may apply. For example, 18 U.S.C. § 924(c) imposes a minimum sentence of five years for possessing a firearm in furtherance of a drug trafficking or violent crime, with longer sentences for brandishing or discharging the firearm.
Forfeiture: In addition to fines and imprisonment, defendants convicted of firearms violations may be required to forfeit firearms and other property involved in the offense.
Sentencing for firearms violations is determined using the U.S. Sentencing Guidelines, which take into account factors such as the type of firearm, the defendant's criminal history, and whether the firearm was used in connection with other criminal activities. Federal judges generally follow the advisory sentencing range, but they have discretion to impose sentences above or below the guidelines based on the specifics of the case.
Federal Investigations and Firearms Violation Charges
Firearms violations are often investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), along with other federal agencies such as the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA). These investigations may involve undercover operations, surveillance, and the use of confidential informants to gather evidence against individuals suspected of illegal firearm activities.
In cases involving firearms trafficking or organized crime, investigations can span multiple states or even countries, requiring cooperation between federal, state, and international law enforcement agencies. Firearms violations are taken very seriously by federal authorities, particularly when they involve repeat offenders, gang activity, or violent crimes.
If you are under investigation for firearms violations or have been charged with illegal possession, trafficking, or another firearm-related offense, it is critical to seek legal representation immediately. Early intervention by an experienced attorney can help protect your rights and improve the chances of a favorable outcome.
Defenses Against Firearms Violation Charges
At Hofland & Tomsheck, we take a strategic and thorough approach to defending clients against firearms charges, carefully examining the facts of the case and challenging the government's evidence. Common defenses against firearms violations include:
Lack of Knowledge: In some cases, the defendant may not have known that they were in possession of a firearm or that their possession was illegal. For example, if the defendant borrowed a vehicle without knowing there was a firearm inside, this could be used as a defense.
Unlawful Search and Seizure: The Fourth Amendment protects individuals from unreasonable searches and seizures. If the firearm was discovered as a result of an illegal search or seizure, we can file a motion to suppress the evidence, which may lead to the dismissal of the charges.
Mistaken Identity: In cases involving firearms trafficking or organized crime, the defendant may have been wrongfully identified as part of the operation. We will thoroughly investigate the facts and challenge any evidence linking the defendant to the alleged crime.
No Intent to Commit a Crime: In certain cases, individuals may possess firearms for legitimate purposes, such as self-defense or sport, without any intent to commit a crime. We can argue that the possession was lawful or that the government has not proven intent beyond a reasonable doubt.
Sentencing Guidelines for Firearms Violations
The U.S. Sentencing Guidelines provide an advisory range for sentencing in firearms violation cases, considering factors such as:
Type of Firearm: Certain firearms, such as automatic weapons or firearms with obliterated serial numbers, can result in enhanced penalties.
Connection to Other Crimes: If the firearm was used in connection with another crime, such as drug trafficking or a violent offense, the sentencing range may be enhanced under 18 U.S.C. § 924(c).
Prior Convictions: Individuals with prior felony convictions or repeat firearms offenses may face harsher penalties, including mandatory minimum sentences.
Federal judges use the guidelines to determine the appropriate sentence but retain discretion to impose sentences based on the circumstances of the case. In cases involving violent crime or organized crime, sentences may be significantly enhanced under the guidelines.
Why Choose Josh Tomsheck for Your Firearms Violation Defense
When facing federal firearms charges, it is crucial to have an experienced attorney who understands both the complexities of firearms laws and the tactics used by federal prosecutors. Josh Tomsheck is a Nationally Board Certified Criminal Lawyer with a proven track record of successfully defending clients against firearms violations.
As a former prosecutor, Josh knows how the government builds its case and can anticipate the prosecution's strategies. He develops tailored defense strategies designed to challenge the government's evidence, discredit witnesses, and negotiate favorable outcomes for his clients. At Hofland & Tomsheck, we provide personalized, aggressive defense for clients facing serious federal charges.
Schedule Your Free, Confidential Consultation Today
If you are facing federal firearms charges or are under investigation by federal authorities, contact Hofland & Tomsheck today to schedule a free, confidential consultation with Josh Tomsheck. We offer flexible consultation options, including in-person meetings, phone consultations, and Zoom sessions.
Call us at (702) 895-6760, or visit our office at 228 S. 4th Street, First Floor, Las Vegas, NV 89101. Let us help you protect your rights and build a strong defense against federal firearms violation charges.
