Facing federal crimes in Massachusetts can be overwhelming and complex. Understanding the intricate web of federal and state firearms laws is crucial for mounting an effective defense. At Riccio Law, Attorney Anthony Riccio specializes in defending individuals against federal gun charges, ensuring your rights are vigorously protected.
Don’t navigate these charges alone. Contact Anthony Riccio today for a free consultation.
Understanding Federal Gun Laws
Federal firearm regulations complement state laws, creating a comprehensive legal framework governing the purchase, storage, and transportation of guns. To secure a conviction for a federal gun charge, the government must prove the following three elements beyond a reasonable doubt:
- Commission of the Underlying Offense: You engaged in the primary illegal activity.
- Possession, Carrying, or Use of a Firearm: A firearm was involved during the commission of the offense.
- Knowing and Willful Possession: You knowingly and intentionally possessed, carried, or used the firearm.
Navigating these laws requires expert legal knowledge, especially to differentiate between federal and state regulations.
Need help understanding your federal gun charge? Schedule a free consultation with Anthony Riccio.
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Restricted Types of Firearms Under Federal Law
Federal law classifies certain firearms as restricted, mandating registration with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Key restricted firearms include:
- Short-Barreled Shotguns: Barrel length less than 18 inches.
- Short-Barreled Rifles: Barrel length less than 16 inches.
- Machine Guns
- Silencers
Requirements and Penalties:
- Registration: Must be registered with the ATF.
- Tax: A $200 tax applies to individual buyers or owners.
- Background Checks: Extensive checks are required for ownership.
- Movement Across States: Any interstate movement must be reported to the ATF.
State Restrictions:
States like California and New York have additional bans on these firearms, intensifying the legal complexities for owners.
Persons Restricted From Owning Handguns
Under 18 U.S.C. § 922 (Brady Handgun Violence Protection Act), specific individuals are prohibited from owning handguns, including those who:
- Have been declared mentally unfit by a court or are under psychiatric treatment.
- Were dishonorably discharged from the U.S. military.
- Have escaped police custody.
- Illegally use controlled substances.
- Are under restraining orders for domestic violence.
- Have received a domestic violence misdemeanor charge.
- Reside in the U.S. illegally.
- Have renounced their U.S. citizenship.
Legal Implications: Possession by these individuals can lead to severe federal penalties, including imprisonment and hefty fines.
If you’re facing restrictions on firearm ownership, reach out to Anthony Riccio for your defense.
Common Federal Gun Charges
Possession by a Felon
- Description: Felons possessing, transporting, or receiving firearms.
- Penalties: Up to 10 years in prison and/or a $250,000 fine.
Possession in Furtherance of a Crime of Violence or Drug Trafficking
- Description: Using firearms to support violent crimes or drug trafficking.
- Penalties:
- Possessing a firearm: Minimum 5 years
- Brandishing a firearm: Minimum 7 years
- Discharging a firearm: Minimum 10 years
- Use of banned firearms: 10-30 years
- Second offense: Up to life imprisonment
Unlawful Possession by an Illegal Resident
- Description: Individuals residing illegally in the U.S. possessing firearms.
- Penalties: Significant fines and imprisonment.
Other Federal Gun Offenses
- Making false statements to purchase firearms
- Selling or delivering handguns to juveniles
- Possessing firearms in school zones
- Transporting or shipping stolen firearms
- Handling unregistered firearms
Facing any of these charges? Contact Anthony Riccio for a robust defense.
Firearms Trafficking
Definition: Firearms trafficking involves moving firearms from the legal market to illegal channels.
Common Scenarios:
- Straw Purchases: Buying firearms on behalf of prohibited individuals.
- Theft: Stealing firearms from dealers or private owners.
- Private Sales: Circumventing background checks through private transactions.
Legal Consequences: Charges often accompany other federal crimes, such as drug trafficking. Prosecutors investigate intent and interstate movement to establish trafficking.
Defense Strategies: Proving lack of intent, challenging evidence, and highlighting procedural errors are key defense tactics.
Accused of firearms trafficking? Get in touch with Anthony Riccio for your defense.
Why Choose Anthony Riccio for Your Federal Gun Charge Defense
Anthony Riccio, the sole attorney at Riccio Law, brings unparalleled expertise in federal gun charge defenses. With a proven track record of successfully defending clients against complex firearms offenses, Anthony is dedicated to safeguarding your rights and achieving the best possible outcomes.
Experience matters. Schedule your free consultation with Anthony Riccio today.
Our Legal Approach
At Riccio Law, our attorney adopt a personalized defense strategy tailored to each client’s unique circumstances:
- Initial Consultation: Understanding your case details and legal options.
- Comprehensive Case Review: Analyzing evidence and identifying defense opportunities.
- Strategic Defense Planning: Crafting a robust defense to challenge prosecution claims.
- Aggressive Representation: Advocating for your rights in court.
- Ongoing Support: Providing guidance and updates throughout the legal process.
Ready to start your defense? Contact us for a free consultation.
Frequently Asked Questions (FAQs)
What constitutes a federal gun charge in Massachusetts?
Federal gun charges involve violations of federal firearms laws, such as illegal possession, trafficking, or using firearms in furtherance of other crimes.
Can I be charged federally if I violated state gun laws?
Yes, certain state law violations can also lead to federal charges, especially if they involve restricted firearms or crossing state lines.
What are the penalties for federal gun charges?
Penalties vary but can include substantial fines and imprisonment, depending on the offense’s severity and nature.
How can Anthony Riccio help my federal gun charge case?
Anthony Riccio leverages his extensive experience to build a strong defense, challenge evidence, and negotiate favorable outcomes.
What should I do if I’m charged with a federal gun crime?
Contact Riccio Law immediately for a free consultation to discuss your case and explore your legal options.
Conclusion
Facing federal gun charges in Massachusetts requires expert legal representation to navigate complex laws and protect your rights. Anthony Riccio at Riccio Law is committed to providing dedicated, aggressive defense strategies tailored to your unique situation. Don’t face these charges alone—contact Riccio Law today for a free consultation and take the first step toward safeguarding your future.
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