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Federal Criminal Code Chapter 44 – Firearms

On Behalf of | Mar 9, 2021 | Criminal Defense, Federal Crimes |

The topic of firearms is arguably the most debated political subject in America, mainly because the right to own a gun is a constitutional right protected by the Second Amendment, which states that Americans are free to bear arms as they wish. At first glance, the Second Amendment seems to give the citizens more power and freedom than necessary. However, that is precisely why the United States has implemented several laws which control the Second Amendment.

One of these laws is the Federal Criminal Code Chapter 44. Under this law, the following acts are deemed criminal offenses at a federal level:

  • Importing, manufacturing, or dealing with firearms and/or ammunition for interstate or foreign commerce without a license to do so;
  • Importing firearms for interstate or foreign commerce to be received by a person without a permit;
  • Importing any firearm into one’s state of residence from another state without a license or in a manner that breaks any state or federal law;
  • Importing destructive devices, machine guns, short-barreled shotguns, or short-barreled rifles for interstate or foreign commerce without license or authorization from the Attorney General;
  • Making false statements in line with the importation of firearms or ammunition;
  • Manufacturing, selling, or delivering armor-piercing bullets that are not to be used by the United States, to be delivered out of the country, or to be used in experimentation authorized by the Attorney General;
  • Receiving firearms as a person who is not a resident of any state unless it is for sporting purposes;
  • Selling or delivering firearms/ammunition as a licensed individual to a person below 18 years old or a non-resident of any state;
  • Selling or providing firearms/ammunition as a licensed individual any destructive device, machine gun, short-barreled shotgun, short-barreled rifle, or armor-piercing bullets without authorization from the Attorney General or adherence to the protocols;
  • Selling or offering any firearm to a person who
    • has served a one-year sentence,
    • is a fugitive, a drug addict,
    • is a mentally unstable person,
    • is an illegal immigrant,
    • is an ex-military who has been discharged for dishonorable conduct, and
    • has had his/her gun rights expunged;
  • Carrying or discharging a firearm inside the premises of a school without authority to do so, disrupting the interstate or foreign commerce;
  • Possessing undetectable firearms;
  • Possessing firearms and dangerous weapons in federal establishments; and
  • Purchasing, owning or possessing any gun as a violent felon.

Committing at least one or a combination of any crimes listed above is a violation of firearms’ federal law. Aside from that, you could face several different additional charges. For instance, assaulting someone with a firearm in a manner that violates any provision in Federal Criminal Code Chapter 44 consists of two crimes in this particular act. Other than that, you could also be charged with murder, committing gang-related crimes, making false statements, or assassinating federally protected persons.

Penalties

If convicted of committing any violations against the firearms federal law of the United States, you could face many different possible penalties.

The general penalties for committing common crimes prohibited by the federal law include:

  • Up to $25,000 in fines; and/or
  • No more than 10 years imprisonment.

Meanwhile, making false statements in connection to committing any crimes prosecutable under the previous penal condition shall be punishable by:

  • Up to $5,000 in fines; and/or
  • Not more than 5 years imprisonment.

Licensed individuals who transport handguns to unlicensed persons shall face:

  • Up to $1,000 in fines; and/or
  • Not more than 1-year imprisonment.

As for teenagers below the age of 18 who possess firearms in a manner that violates the federal law, the range of penalties are:

  • Up to $1,000 in fines; and/or
  • Not more than 1-year imprisonment (probation may be given instead of a jail sentence).

Get a Lawyer Now

Nothing beats an attorney with years of experience who has practiced the law in plenty of cases on a federal level. With that said, our team of experienced criminal defense lawyers at the Law Offices of Severo, PLC is ready to assist you — be it with a legal consultation or representation in court. We have branches all over California, including cities such as Long Beach, Orange County, and Modesto. Visit us now!