Federal Firearms Crimes Defense Lawyer in NJ

Federal Firearms and Weapons Charges Defense

Federal firearms and weapons charges are taken very seriously and can lead to severe consequences, including lengthy prison sentences, substantial fines, and permanent restrictions on future firearm ownership. The government aggressively prosecutes these cases, often involving federal agencies like the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Our federal criminal defense lawyer can fight against federal firearms charges and protect your rights, freedom, and future.

Understanding Federal Firearms and Weapons Charges

Federal firearms laws cover a range of offenses, many of which carry mandatory minimum sentences and substantial penalties. Common federal firearms and weapons charges include:

• Illegal Possession of a Firearm: Possession of a firearm by a convicted felon, a person under a restraining order, or someone with specific mental health conditions can lead to serious federal charges.
• Firearm Trafficking: Transporting or selling firearms across state lines without appropriate licenses or in violation of federal regulations can lead to trafficking charges.
• Possession of Prohibited Weapons: Under federal law, possessing, manufacturing, or selling certain types of firearms, such as automatic weapons, short-barreled shotguns, or silencers, without proper authorization is illegal.
• Straw Purchasing: Purchasing a firearm on behalf of another person who is not legally permitted to own a firearm, commonly known as straw purchasing, is a federal offense.

These charges are often prosecuted under statutes such as the Gun Control Act and the National Firearms Act. Depending on the case, charges may be combined with other criminal allegations, such as drug trafficking, organized crime, or violent offenses, which can further complicate the case.

Potential Penalties for Firearms and Weapons Charges

Federal firearms convictions can result in severe consequences, including:

• Mandatory Minimum Prison Sentences: Federal firearms charges often carry mandatory minimum sentences, ranging from several years to life imprisonment for certain repeat offenders or cases involving violent crimes.
• Significant Fines: Convictions can result in fines that vary depending on the specific charge, often reaching tens or hundreds of thousands of dollars.
• Loss of Firearm Rights: Convictions can permanently prohibit firearm ownership or possession, impacting personal rights and limiting future employment opportunities in specific fields.
• Professional and Personal Consequences: Convictions can affect future employment prospects, housing, and social standing, particularly for individuals in security, law enforcement, or military professions.

Given these high stakes, it is crucial to have an experienced defense team that understands federal firearm regulations and the complexities of these cases.

Defending Against Firearms and Weapons Charges

Being placed under arrest or charged with a gun crime does not make you automatically guilty. A federal prosecutor must prove your guilt beyond a reasonable doubt, which is the highest burden in the law. It requires that the prosecution present such convincing evidence that a reasonable person would not doubt that a crime was committed and that you are the culprit.

The law recognizes two types of defenses: factual and legal. A factual defense absolves you of guilt, using factual evidence to prove your innocence. In contrast, legal defenses are more common, excusing your behavior, although not denying that you committed the illicit act.

At the Law Offices of Peter Katz, we provide skilled and thorough defense for clients facing federal firearms charges. Our approach to defending these cases includes the following:

• Challenging Evidence of Possession: Establishing whether the accused controlled or possessed a firearm is often key. We work to demonstrate that any alleged possession was inadvertent or that the accused did not control the firearm in question.
• Asserting Second Amendment Rights: Constitutional arguments can sometimes be used in defense. We examine whether charges infringe upon our client’s Second Amendment rights or whether there are grounds to challenge the constitutionality of specific laws.
• Questioning Law Enforcement Conduct: We closely examine law enforcement procedures, particularly in cases involving searches and seizures, to identify potential violations of Fourth Amendment rights.
• Proving Lack of Intent: For charges like trafficking or straw purchasing, we work to show that the accused had no intent to violate the law or that they were unaware of the legal restrictions.

What Makes a Search and Seizure Illegal? 

The police cannot search your property or person without a warrant, which a judge or magistrate must issue. If law enforcement does not establish probable cause, the warrant will not be signed off on, and no search can be conducted.

Police officers attempt to skirt the search warrant requirement constantly in firearm investigations. Since finding someone violating a firearm statute is a point of pride for many officers, they often think they can bend the rules. Although law enforcement may argue with a judge that an exception applies in your case, I am prepared to file a motion if any illegally obtained evidence is gathered from your home or person.

What You Should Know About Miranda Violations

Your Miranda rights state that you (1) have the right to remain silent, (2) anything you say may be used against you in court, (3) you have the right to an attorney, and (4) you may request a court-appointed attorney if you cannot afford one.

If the police intend to bring you to the station for questioning, they must read your Miranda rights immediately after your arrest. If these rights are not read to you, your testimony or confession will likely be unusable at trial.

Why Choose the Law Offices of Peter Katz for Firearms Defense?

Federal firearms cases are highly complex, requiring criminal law expertise and a strong understanding of firearm regulations. At the Law Offices of Peter Katz, we bring experience and commitment to each case, ensuring that our clients receive a comprehensive defense strategy. When you work with us, you can expect:

• In-Depth Knowledge of Firearm Laws: Our firm understands federal firearms regulations and the nuances of defending clients in complex firearms cases.
• Tailored Defense Strategies: We approach each case based on the specific details, tailoring our defense strategies to address the unique elements of your case.
• Transparent Communication: Facing firearms charges is stressful, and we provide clear and consistent communication, keeping you informed at every step.
• Relentless Advocacy: We are committed to defending your rights, freedoms, and future, using every available resource to pursue the best possible outcome.

Experienced Representation for Firearms Defense

If you are facing federal firearms or weapons charges, it is essential to secure experienced legal representation. Contact the Law Offices of Peter Katz for a confidential consultation to discuss your case and explore your options. With our experience in federal firearms defense, you can trust that we will handle your case with the skill, knowledge, and focus necessary to pursue the best possible outcome.