by John Teakell | Jul 29, 2015 | Fire Arms Charges, Teakell Legal Briefs, Violent Crimes | 0 comments
Federal Firearm & Weapons Charges
Federal firearms laws provide severe penalties for improper firearms use or possession. For example, possession of firearms by convicted felons or drug users can provide punishments of up to ten years imprisonment. In fact, many don't know this but the use of a shotgun or assault weapon adds ten years to a violent crime. If an automatic weapon, silencer or destructive device is used, thirty years imprisonment is added to the underlying charges.
The recent changes to conceal carry permits and open carry laws have really made the legal restrictions and implications confusing. One thing is for sure, the penalties for carrying a firearm by a violent offender, drug trafficker, or felon are much more severe.
These violations are found in Title 18 U.S. Code §922, et seq. These are the "prohibited persons" listing in Title 18 U.S. Code regarding firearms laws/violations. The most common offenses are as follows, which include well-known offenses of possession of a firearm by a felon, trafficking in firearms without a license, and possession or use of a firearm during a drug offense.
A. Possession of a Firearm by a Convicted Felon
B. Trafficking in Firearms by Non-Registered Dealer
C. Possession of a Non-Registered Automated Firearm (machine gun)
D. Possession or Use of a Firearm in Relation to a Drug Trafficking Felony
E. Possession of Body Armor by Violent Felons
F. Possession of a Firearm by an Illegal Alien
G. Possession of a Firearm by a Drug User or Addict
H. Violations of Interstate Transportation of Firearms
I. Prohibited or Restricted Ammunition
J. Possession of Firearms in a Federal Facility
K. Possession of a Firearm by a Mentally Defective Person
L. Possession of a Firearm by a Person Subject to a Court Order for Threatening, Harassing, or Stalking an Intimate Partner
M. Possession of a Firearm by a Person Convicted of Domestic Violence
N. Manufacture, Importation, Sale or Possession of a Firearm Not Detectable by Airport Security Devices
State Firearms Charges
While Texas is considered a state with fairly loose gun laws with wide latitude for legal gun owners, it is still surprisingly easy to be charged with a crime. The Texas authorities do not take these offenses lightly, and you could easily end up facing serious felony charges if you are accused of violating many Texas weapon laws. Texas state charges sometimes are similar to a few of the federal firearms charges, and the ones usually seen or used are:
A. Felon in Possession of a Firearm
B. Weapon in a Prohibited Place (including the secured area of an airport)
C. Unlawful Carrying of a Weapon
Weapons aren't limited to just guns under the Texas Penal Code. Illegal possession, carry and use offenses also apply to everything from clubs to chemical sprays to knives.
If you are charged with illegal possession or a weapons charge, you need a felony criminal defense lawyer who will be able to assess the evidence and either fight the charges, such as by trying to have the weapon suppressed as the fruit of an illegal search, or negotiate a plea deal to a lesser charge. Contact John Teakell's Law Firm today for immediate help.