Fort Lauderdal Firearms & Gun Crimes Attorney
While weapons jurisdiction and charges are largely left to state government, the federal government does have some authority regarding certain types of weapons. For example, the National Firearms Act (enacted in 1934 and originally created to tax the making and selling of certain types of guns) bans the sale, as well as possession, of machine guns, silencers, and short-barreled or sawed-off shotguns. There are, however, some exceptions to this law. Gun owners that wish to own or purchase one of these types of National Firearms Act devices must go through the proper screening and registration process with the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The punishments for violating the National Firearms Act are severe. Punishment can include up to 10 years in prison and up to a $10,000 fine. Additionally, those who willfully attempt to avoid the tax that is associated with making or transferring one of these devices (a mere $200 tax that has not gone up since 1934) may face up to five years in prison and up to a $100,000 fine. That fine can be as much as $500,000 for a corporation. And, for an individual person, that fine could be between $100,000 and $250,000, according to Cornell Law. A guilty verdict for National Firearms Act violator would also ban their future of owning or dealing with firearms for life. Contact Deric Zacca, P.A, an experienced Fort Lauderdale firearms and gun defense attorney
The Brady Handgun Violence Protection Act (Also Termed the Brady Bill)
The National Firearms Act is not the only federal jurisdiction on firearms. Additionally, under the Brady Handgun Violence Protection Act, there must be a five day waiting period before any licensed manufacturer, dealer, or importer can sell, transfer, or deliver a handgun to an individual that is not licensed. It also requires that background checks are performed, though only in some cases. The bill also bans the possession, dealing, or shipping of firearms for individuals that fall under these conditions, according to the Federal Bureau of Investigation:
- Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
- Is a fugitive from justice;
- Is an unlawful user of or addicted to any controlled substance;
- Has been adjudicated as a mental defective or committed to a mental institution;
- Is an alien illegally or unlawfully in the United States or who has been admitted to the United States under a nonimmigrant visa;
- Has been discharged from the Armed Forces under dishonorable conditions;
- Having been a citizen of the United States, has renounced U.S. citizenship;
- Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner;
- Has been convicted in any court of a misdemeanor crime of domestic violence; and/or
- Is under indictment for a crime punishable by imprisonment for a term exceeding one year.
As you can see, the penalties for violating the National Firearms Act in Florida can be incredibly harsh, even if you unintentionally broke the law. You may be facing crippling fines that will stifle your economic future, or even jail time and a criminal record that could ruin your chances of returning to the life you left. Contact Deric Zacca, P.A, an experienced Fort Lauderdale firearms and gun defense attorney, today at 954-450-4848.