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While the Second Amendment to the United States Constitution guarantees your right to bear arms, the courts have imposed significant limitations on this right in some cases. Possessing or using a firearm in violation of federal law could lead to severe consequences.
There are many federal statutes regarding gun ownership, and keeping up with all of the requirements can be challenging without assistance. If you are facing federal gun charges, speaking with a dedicated criminal defense attorney could be the difference between severe criminal penalties and your case being dismissed.
If you are facing a federal investigation for an alleged gun crime, do not leave your future to chance. A conviction could result not only in jail time, but restrictions on your right to possess a firearm as well. A Lincoln federal gun lawyer on our team can advise you of your rights and prepare a defense on your behalf.
Federal Gun Crimes in Lincoln
Federal gun laws cover a wide range of actions, including owning, selling, or transferring a firearm under certain conditions. For example 18 United States Code §922 makes it illegal to possess or discharge a firearm in a school zone. There are some exceptions to this rule, as the statute does not apply to unloaded weapons that are in a locked container within a motor vehicle.
This law also prevents owning or manufacturing specific types of firearms. The weapons covered in this statute include sawed-off shotguns, silencers, and fully-automatic weapons. Modifying a gun by destroying its serial number is also illegal under this law. A violation of this statute could result in a federal prison sentence.
According to 18 U.S.C. §924(c)(1)(A), using, possessing, or brandishing a firearm when committing a violent crime or felony drug offense can result in additional and enhanced penalties. Some aggravating factors, including the use of a sawed-off shotgun, could also upgrade the penalty to a mandatory 10-year prison sentence. Federal gun charges could ultimately lead to a life sentence if someone was killed during the commission of the crime.
Viable Gun Crime Defenses
When a Lincoln federal gun attorney reviews a case for the first time, they should take note of the potential defenses available to their client. While each federal gun crimes case is different, with some defenses being more relevant than others, a skilled Lincoln lawyer on our team can help you choose a legal path that offers the best chances for success in your particular situation. Some common defenses used in federal gun crime trials include:
- Lack of evidence
- Lack of possession
- Entrapment
- Constitutional rights violations
- Mistaken identity
A successful defense could show a jury that you are innocent and also address any potential aggravating factors as well.
Working with a Lincoln Federal Gun Attorney
If you are facing charges or are under investigation for federal gun crimes, you have the right to retain legal counsel right away. Any delay could work against you in the long run, so it is best to enlist a lawyer’s help as soon as possible. A Lincoln federal gun lawyer from Berry Law can discuss your options with you during a confidential consultation. To get started on your defense, call Berry Law today.
