Miami Criminal Defense Attorney Handles A Range of Gun Crimes
Our country has strict laws in place to govern the possession and use of firearms. If you are accused of committing a federal gun crime offense, the penalties you face are much more severe than if you were charged with a state firearms crime.
At the Law Office of Nayib Hassan, P.A., we recognize the seriousness of your situation. The moment you retain our services, we work swiftly to investigate your case, protect your rights, and help you build a solid defense.
What are the consequences of possessing a firearm or ammunition by a prohibited person?
If you are a prohibited person, and found in possession of a firearm or ammunition while crossing state lines, you face steep penalties. According to USC § 922(g), you face up to 10 years imprisonment. Furthermore, you may receive a minimum sentence of 15 years without parole if you have three or more prior convictions for a felony crime of violence (e.g., burglary, robbery, assault, possession of offensive weapons), and/or drug trafficking felony.
Prohibited individuals are the following:
- Drug addict
- Person subject to a domestic restraining order
- Person with a prior conviction for domestic violence
- Fugitive from justice
- Someone dishonorably discharged from the military
Under USC § 922(d), knowingly selling a firearm to any of these prohibited persons is a federal offense punishable by up to 10 years imprisonment.
What are the penalties for using a gun during a drug or violent crime in Florida?
If you are arrested for furthering a drug felony or federal crime of violence by using a firearm, you face federal charges. Under USC § 924(c), you face a minimum of 5 years and up to life imprisonment, without parole, or death if death results from use of a firearm. Your sentence must be served consecutive to any other sentence.
It is also important to remember that the mandatory minimum sentence may increase depending on certain factors such as:
- The type of firearm involved (sawed-off gun, silencer, etc.)
- If more than one offense was committed
- Whether the gun was simply possessed or was brandished or discharged
The use of a gun during the commission of any type of crime can significantly increase the charges against you. If you are arrested for any type of federal firearm offense, consult with an experienced criminal law attorney as soon as possible.
Can a felon own a firearm in Florida?
In Florida, it is generally illegal for a felon to own, possess, or have control over a firearm. Florida law prohibits individuals who have been convicted of a felony offense from possessing firearms unless their civil rights have been restored. The possession of a firearm by a felon is considered a serious offense and can result in criminal charges.
Under federal law, it is also illegal for individuals with felony convictions to possess firearms. This prohibition applies across all states, including Florida. Federal law imposes significant penalties for felons found in possession of firearms, including potential imprisonment.
However, there are certain circumstances in which felons may have their firearm rights restored. In Florida, individuals who have had their civil rights restored, including the right to possess firearms, can apply for a Certificate of Restoration of Civil Rights (CRCC). The CRCC restores various rights, including firearm rights, for those who have completed their sentences and met other requirements.
It is important to note that the process of restoring firearm rights can be complex and involves legal procedures. If you are a felon seeking to regain your firearm rights in Florida, it is crucial to consult with an experienced criminal defense attorney who can guide you through the process and help ensure compliance with all applicable laws.
Please note that this information is a general overview and should not be considered legal advice. Laws related to felons owning firearms can vary, and it is important to consult with a qualified attorney to understand the specific laws and regulations in Florida that may apply to your situation.