Federal Unlicensed Firearms Dealing Lawyers
Facing a federal charge can be daunting and having the right representation is crucial. If you or someone you know is being accused of unlicensed firearms dealing under 18 USC Section 922(a)(1)(A), you don’t have to navigate this challenging situation alone. The experienced federal criminal defense lawyers at The Law Offices of Jonathan F. Marshall are here to provide you with top-tier legal counsel. With a deep understanding of the complexities surrounding federal firearms regulations and a commitment to defending your rights, our team is prepared to help you every step of the way. Contact the unlicensed firearms dealing attorneys at The Law Offices of Jonathan F. Marshall today at (877) 534-7338 or online to discuss your case and explore your defense options.
In the United States, the federal law is very particular about the activities related to firearms. Engaging in the business of importing, manufacturing, or dealing in firearms demands proper licensing. Central to understanding this framework is the statute 18 USC Section 922(a)(1)(A). This law is explicit about the conditions where operating within the firearms domain is considered unlawful, ensuring that entities in this industry are in line with federal expectations.
Understanding Unlawful Acts As Per 18 USC Section 922
At the heart of the statute, 18 USC Section 922(a)(1)(A) spells out the illegality associated with specific activities related to firearms. Notably, if you aren’t a licensed importer, manufacturer, or dealer, then engaging in the business of importing, manufacturing, or selling firearms is prohibited. Also, it is illegal for such individuals or entities to ship, transport, or receive any firearm in interstate or foreign commerce while in the course of such business. The adjacent provision, 18 USC Section 922(a)(1)(B), further extends this to state that unless you’re a licensed importer or manufacturer, you cannot engage in the business of importing or producing ammunition. Similarly, shipping, transporting, or receiving ammunition across state lines or foreign borders is prohibited if you are not appropriately licensed.
Potential Repercussions Under 18 USC Section 924
When one fails to abide by the stipulations of 18 USC Section 922, they expose themselves to a range of penalties, as depicted in 18 USC Section 924. This applies to individuals who unlawfully import firearms or ammunition. The penalties can range from fines to a potential prison sentence of up to five years, or both in some cases.
There are instances where breaches of specific other subsections of section 922 can lead to up to a decade in prison. If you are a licensed dealer, importer, manufacturer, or collector and you knowingly misrepresent required information or breach specific provisions, you could be looking at a fine, a year in prison, or both. It’s evident from the penalties that the federal law is severe when it comes to contraventions of firearms rules.
Defenses To Unlicensed Firearms Dealing Charges
Lack Of Engaging In Business
A central element of the statute is the “business” of importing, manufacturing, or dealing in firearms. An individual who sporadically sells firearms from a personal collection might not be considered as engaging in the business of dealing in firearms. Establishing that one’s activities do not constitute “business” as defined by the law can serve as a defense.
Intrastate Transactions
The statute particularly mentions that it is illegal for unlicensed individuals to engage in the business of firearms “in interstate or foreign commerce.” If the firearms never crossed state lines or were never part of an international transaction, it could serve as a defense since the statute’s jurisdictional element might not be met.
Absence Of Knowledge
Criminal charges often require a certain mens rea, or state of mind. If a person can prove they genuinely did not know they were required to have a license or believed they were acting within the bounds of the law, it might serve as a defense, especially if they can show they took steps to inquire about the legality of their actions.
Mistaken Identity Or Factual Inaccuracy
It’s possible for someone to be wrongly accused due to mistaken identity or based on inaccurate information. If the defense can prove that the accused was not the one involved in the unlicensed firearms dealing or that the facts presented by the prosecution are incorrect, it could negate the charges.
Exemption For Certain Activities
The statute provides exemptions for licensed importers, manufacturers, or dealers. If an individual can prove they fall within these exemptions or their activities were covered under another section of the law, they might be able to refute the charges.
Operational Definitions
Sometimes, what constitutes “importing,” “manufacturing,” or “dealing” can be subject to interpretation. If a defense can successfully argue that the activities did not fall within the operational definitions of these terms as used in the statute, it might lead to an acquittal or dismissal of charges.
Validity Of Evidence
In any criminal case, the validity, authenticity, and legality of the evidence presented by the prosecution can be contested. If the defense can demonstrate that evidence against the accused was obtained illegally or is unreliable, it might lead to the evidence being dismissed, weakening the prosecution’s case.
Frequently Asked Questions About Unlicensed Firearms Dealing
What Does The Law Specifically Prohibit?
The statute 18 USC Section 922(a)(1)(A) makes it unlawful for any person, except a licensed importer, manufacturer, or dealer, to engage in the business of importing, manufacturing, or dealing in firearms. This also extends to shipping, transporting, or receiving any firearm in interstate or foreign commerce as part of such business.
Are There Exceptions To This Law?
Yes, the statute provides exemptions for those who are licensed importers, manufacturers, or dealers. If you’re licensed under these categories, you are permitted to engage in the activities that the statute otherwise prohibits.
What Are The Penalties If Found Guilty Under This Provision?
Violating 18 USC Section 922(a)(1)(A) can result in fines and/or imprisonment. The exact penalties will depend on the specifics of the violation and any associated charges. For instance, 18 USC Section 924 details a range of penalties that can apply, which can range from a year to multiple years in prison, depending on the nature of the violation.
Are There Related Federal Offenses To 18 USC Section 922(a)(1)(A)?
Yes, there are other sections within 18 USC Section 922 and 18 USC Section 924 that address various unlawful acts and penalties related to firearms and ammunition. For example, 18 USC Section 922(a)(1)(B) touches upon the unlicensed business of importing or manufacturing ammunition. Violations under different subsections can carry varying penalties, and sometimes, an individual can be charged under multiple sections.
How Can I Defend Against Charges?
There are several defenses that can be raised, such as proving that one wasn’t engaged in the “business” of firearms dealing or that the transactions were purely intrastate, among others. An experienced attorney from The Law Offices of Jonathan F. Marshall can evaluate the specifics of your case and assist you with the optimal defense strategy.
Federal Gun Crime Lawyers
If you or someone you know is facing charges related to unlicensed firearms dealing under 18 USC Section 922(a)(1)(A), it is crucial to have a professional by your side. The federal criminal defense lawyers at The Law Offices of Jonathan F. Marshall have the experience and knowledge to navigate the complexities of this federal statute. For unparalleled representation in an unlicensed firearm dealing case, don’t hesitate. Reach out to an unlicensed firearms dealing lawyer at (877) 534-7338 or get in touch with us online. Remember, a strong defense starts with the right attorney.
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