Firearms Convictions Federal Appeals Lawyer
18 U.S.C. §§ 921, 922, 924 and 22 U.S.C. § 2778: Federal Firearms Offenses
Clients convicted of federal firearm offences have been successfully represented by our federal criminal appeals attorneys. These firearm offences include carrying or using firearm during a violent crime or drug trafficking under the statute 18 U.S.C. § 924(c), purchasing a prohibited firearm under §§ 922(d) and 922(g), straw purchasing under § 922(a)(6), indulging in export of violent firearms without a certified license under 22 U.S.C. § 2778 and presentation of a false statement in any record under § 924(a)(1)(A). Return to our main federal appeals page.
No matter how severe your firearm offense is, our experienced team of federal criminal appeals attorneys will make sure that the errors made by the trial court do not go unnoticed and that your constitutional rights are safeguarded.
Call our experienced Federal Weapons Offences Lawyer at 1-888-233-8895.
Federal Firearms Convictions
One could face lengthy imprisonment or heavy fines if convicted of a firearms offence. If you are facing severe consequences due to an unjust conviction under federal gun charges, an experienced federal weapons offenses lawyer can help you. Learn more about federal criminal appeals of firearm convictions: Firearm Statutes
2B3.1(b)(2) and 18 § U.S.C. 924(e), § 2K2.1, 2D1.1(b)(1): The Armed Career Criminal Act (ACCA) and The Federal Firearms Sentencing Guidelines
Provisions by the United States Sentencing Guidelines and the Armed Career Criminal Act (ACCA) of 1984 under 18 U.S.C. § 924(e) could drastically increase your sentence or penalties for a federal firearms conviction. Having successfully appealed in similar cases, our federal appeal lawyers are well aware of the sentencing guidelines and can tell how appropriate the sentence is and how to question the amount of prison time you may serve under the federal gun charges.
Even a two-point increase or decrease can make a huge impact on the appeal and the amount of jail time you have to serve. Every level of points for the offence play a crucial role and our federal appeals lawyers know the case law, sentencing guideline rules and their application to your case for maximum advantage against the gun charges.
If you qualify for any of the following under a federal gun conviction you need to hire an expert federal criminal appeals lawyer who knows how to question your enhanced punishment, in order to reduce your increased penalty or sentence:
- Under 18 U.S.C. § 924(e), enhanced sentence based on the Armed Career Criminal Act (ACCA) violation.
- Under 2B3.1, any offence involving brandishing, possession or discharge of a firearm during a robbery.
- Under 2D1.1(b)(1), the possession of any firearm while a drug offence is committed.
- Under § 2K2.1(b)(1), committing multiple firearms offences.
- Under Amendment 691, an offence of stolen firearms,
- Trafficking firearms under § 2K2.1 Application Note 13(D)
If an enhancement to your sentencing guidelines has been made inappropriately and you believe that you have been penalized on a firearms conviction unjustly it is necessary for you to contact a federal criminal appeals attorney immediately to defend your case. Contact 1-888-233-8895 to consult the federal criminal appeals lawyer today.
Appealing Against a Firearms Conviction: What is a Firearm?
Even though it sounds like an easy question, the Federal Criminal Law has a very particular definition that must be followed. Statute 18 U.S.C. § 921(a)(3) has defined “firearm” as:
- “any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;”
- “the frame or receiver of any such weapon;”
- “any firearm muffler or firearm silencer; or”
- “any destructive device. Such term does not include an antique firearm.”
The prosecution is solely required to prove that the firearm was made in a way to fire a projectile consequently, a defendant could still be prosecuted for brandishing or possession even if the firearm was not discharged during the offence. In order to make sure that you are not wrongfully convicted and to make sure your sentence is appropriate, it is important to hire a professional criminal appeals lawyer.
Federal Criminal Appeals Lawyers handling Federal Firearms Offenses & Penalties
18 U.S.C. § 924(c)- Carrying or Using a Firearm During Drug Trafficking or any Crime of Violence
Federal Gun offences usually happen while drug trafficking or during a crime of violence or robbery. Being experienced Federal Weapons Offenses Lawyers, we are aware of when the minimum sentence applies to your case. Learn about FBI firearm cases and what the FBI investigates as a firearm or weapons crime. The compulsory minimum sentence for a gun offence of this nature is 5 years. The features of the firearm could, however, increase the minimum sentence. One should be able to differentiate between different firearms to make sure that you are not sentenced in excess of the stated guidelines. For example, the minimum sentence increases to 10 years if the firearm is a shotgun or a short-barreled rifle or even 30 years if the firearm comes with a silencer. For further offences, the minimum sentence rises by 25 years.
If an offence involves the use of a machine gun you could still be subjected to imprisonment. Hence, it is the job of a Federal Weapons Offence Attorney to make critical distinctions and ensure that appropriate sentencing guidelines are carefully applied.
Federal Criminal Appeals Lawyers have knowledge of Prohibited Persons (“Felon-in-Possession”) 18 U.S.C. § 922(g)
It is illegal for some classes of people to possess or transport firearms under 18 U.S. Code § 922(g). These classes include people with some form of drug addiction, people who are illegally residing in the United States, convicted felons, people who are restrained by the court to possess firearms, people who have been diagnosed with some mental impairments or people who have been discharged dishonorably from the military. The maximum possible sentence for this gun offence is 10 years of jail term.
Federal Weapons Offences Lawyers can Identify Straw Purchasing: 18 U.S.C. § 922(a)(6)
It is illegal for a person to indulge in “straw purchasing”. Straw Purchasing takes place when an individual presents untrue oral or written identification in an attempt to deceive the dealer or the ultimate owner of the firearm being purchased, about the legality of the transaction in place. For example, if an illegal offender presents an identification having a false address to mislead the seller in believing that the buyer legally resides in the United States, he/she could be convicted of straw purchasing. A straw purchaser could be sentenced upto 10 years’ imprisonment.
22 U.S.C. § 2778: Export of Firearms without owning a Valid License
It is an illegal act to manufacture, conduct transactions or import firearms across the border of the United States except for those individuals who own a firearms license to produce, transact or import firearms. The borders of the United States of America are highly prone to illegal exportation and importation of firearms. A violation of the given statute could result in 20 years of imprisonment.
Federal Criminal Appeals Lawyers have expertise in Federal Firearms Convictions and the proportionate Sentencing Enhancements
18 U.S.C. § 924(c) Federal Firearms Conviction Sentencing: Brandishing, Possession and Discharge
A federal firearms conviction could lead to a sentence of 5 to 10 years along with a fine. But if the conviction of the gun offence is connected to a violent crime or drug trafficking offence, the jail term could increase significantly as per section § 924(c). Investigation for firearm offense normally begins with the ATF investigation unit. For example, while the violent crime or drug trafficking is taking place, the possession of a firearm could add 5 years of imprisonment to your term, it increases by 7 years when a firearm is brandished and when the firearm is discharged there are an additional 10 years to your term. Remember that these enhanced sentences are added to the already imposed prison term for drug trafficking or violent crimes.
Federal Criminal Appeals Attorneys’ awareness of the Armed Career Criminal Act (ACCA) 18 U.S.C. § 924(e)
An individual who has a previous conviction record for one or more crimes and is being charged for a new crime is known as a “career criminal”. The Armed Career Criminal Act (ACCA) was established in 1984 by Congress with the aim of enforcing stricter penalties on regular firearms offenders. According to the Armed Career Criminal Act (ACCA), offenders having 3 previous federal or state convictions for drug or violent offences and are convicted again should have a minimum of 15 years of imprisonment as the punishment. It is critical and can affect your sentence significantly if the ACCA is aware of the time when the previous conviction is lawfully categorized as serious or violent.
Sentencing Federal Firearms Conviction: Previous Firearms Offenses
Penalties can also be enhanced if this is not your first firearm conviction. If an individual has been convicted for firearms offence previously, the minimum jail term is 25 years. In cases where the person has indulged in violation involving the use of machine guns or destructive devices previously or was equipped with a muffler or a firearm, the punishment granted is life in prison.
Appealing a Federal Firearms Conviction: Abetting, Aiding, and Conspiracy
In usual terms, any individual who counsels, abets, aids, or commands the commission of a federal weapons offence by another individual must be subjected to as severe a punishment as that of the actual offender. In other words, to qualify for gun charges a defendant should only be associated with the crime. In the purview of the federal weapons convictions, assistance could have been shown either to predicate offence or promote firearm use, but it must be proven that the accused has the motive of indulging in the ultimate aim of the federal weapons violation. If you are subject to a Department of Justice investigation, contact Brownstone Law today. So, the plaintiff must prove that the defendant was already aware that the offence would take place even before the person commits the weapons offence.
Appealable Issues under Federal Firearms Convictions
The arguments that are raised at the trial are very different from the types of arguments that the appellate courts can take into consideration. For example, at a trial, facts and evidences cannot be produced at the appellate level. The appellant can instead raise the procedural and legal issues.
Trials could give rise to several legal errors and the federal weapons offences attorneys at our firm have the knowledge and experience to point out the obvious errors and form winning arguments for your federal gun conviction appeal. Common issues or errors that could arise from the trial courts include multiplicity, insufficient evidence to prove certain crucial elements of the federal weapons offence, ineffective assistance of the counsel, and so on.
An illegal search and seizure taking place could also be a solid error contributing to your case. The court is not immune to errors. These errors could deprive the accused of his/her constitutional right to due process and could take place before or during the trial or even during sentencing. If these legal errors are overlooked, they could have a significant impact on your firearm offence case.
Federal Criminal Appeals: Appealing a Federal Weapons Conviction
Even though the punishments for a federal weapons conviction is severe, you have the constitutional right to appeal. The case does not end with your sentencing and you could also go for a post-conviction appeal. Talk to our experienced federal weapons offences lawyers today at 1-888-233-8895.
The consequences of a federal weapons conviction could be grave including substantial fines, a lengthy prison sentence along with the unnecessary loss of time from the trial. The federal weapons offences lawyers at the Brownstone Law firm understand that it is one of the worst moments of your life and are devoted and determined to craft, identifying and representing appealable issues in the most assertive and persuasive manner possible to the country’s circuit courts or if required to the Supreme Court of the United States. In order to increase your chances at winning the firearms conviction appeal, call now at 1-888-233-8895 or fill in the contact form for a free consultation with our attorneys at Brownstone.
