Ohio Federal Weapons Offenses

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Ohio Federal Weapons Offenses

Firearms are the primary devices at the heart of federal weapons offenses. The term “firearm” means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such a term does not include an antique firearm.

If you have been arrested or are being investigated for a federal firearm or weapons offense, it is important that you speak with an attorney before you speak to law enforcement. Joslyn Law Firm has years of experience defending federal crimes in Cincinnati, Ohio, and can help you develop a strong defense.

Ohio Federal Weapon Offense Lawyer

If you have been arrested for a federal weapon offense in Ohio, contact Joslyn Law Firm. At Joslyn Law Firm, you can expect to hire a skilled legal team with extensive experience representing people in federal court. Allow us to provide aggressive counsel regarding your case.

Joslyn Law Firm serves the greater Cincinnati area including nearby counties such as Hamilton County, Butler County, Warren County, Brown County, and Clermont County. Call (513) 399-6289 to schedule your first consultation with Joslyn Law Firm today.

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Information Center

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Definition Of A Firearm

Interestingly, under federal law, “firearm” means more than a gun. The term “firearm” includes any destructive device, which is defined as any explosive, incendiary, or poison gas

  • bomb,
  • grenade,
  • rocket having a propellant charge of more than four ounces,
  • missile having an explosive or incendiary charge of more than one-quarter ounce,
  • mine, or
  • a device similar to any of the devices described in the definition of “firearm.”

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Federal Weapons Prosecutions

While there are numerous federal provisions, just one of these provisions accounts for three out of every four federal weapons prosecutions. In 2017, federal-based data indicated some type of weapons violation was the lead charge for 6,161 prosecutions. Federal law (18 U.S.C. § 922(g)(1)) prohibits any felon from possessing, shipping, transporting, or receiving any firearm or ammunition. The penalty for violating this law is up to ten years imprisonment and a $250,000 fine.

The next most frequently used statute is 18 U.S.C. § 924(c)(1)(A)(i), which establishes enhanced penalties for using, carrying, or possessing a firearm during the commission of federal crimes involving violence or drug trafficking. Although the second most frequently used charge, less than one out of twenty (4.6%) gun prosecutions from 2013 through 2017 used this statute to prosecute an alleged offender.

Federal prosecutors have increasingly relied upon this provision as 81.3% more prosecutions occurred under this provision during this same period than during the previous five-year period. While the overall number of gun prosecutions decreased, prosecutions under this law increased.

Next was the law regulating the unlawful possession of a firearm by a person unlawfully in the United States (18 U.S.C. § 922(g)(5)(A)). This accounted for 3.3% of gun prosecutions during the five-year study.

Federal prosecutions have grown substantially over the past few years of individuals who possess a gun after being convicted of a misdemeanor for domestic violence.

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Penalties for Ohio Federal Weapon Offenses

The punishment for most federal weapon charges ranges from five to ten years in prison. However, a judge may sentence the felon to life if the weapons offense led to someone’s death or murder.

For most felons, punishment is more than incarceration. The lost time with their family, potentially missing funerals, missing their children’s milestones, and growing old behind bars are all harsh penalties convicted people suffer. The harsh experiences continue post-release as many convicts struggle to find housing and steady employment due to their criminal records and detached relationships with family and friends.

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Defenses for Federal Weapon Offenses

Common defenses to federal gun charges include:

  • Entrapment
  • Lack of probable cause
  • Illegal government action
  • Insufficient evidence
  • Alibi
  • The defendant was not knowingly in possession of the weapon

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Additional Resources

D.O.J. Help and Information for Victims of Crime – Hotlines, resources, case information, and the procedure for victim/witness complaints may be found here.

Everytown – Among the services offered by this organization are resources for victims and survivors of gun violence.

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Ohio Federal Weapon Offense Attorney | Joslyn Law Firm

If you have been arrested for a federal weapon, do not face these accusations alone. If you are currently under investigation, you need a practiced criminal defense attorney on your side that has experience handling federal offenses. Federal weapon offenses are prosecuted aggressively, and state prosecutors typically seek the maximum possible sentences. Thankfully, Joslyn Law Firm can offer you skilled legal counsel.

To schedule your first consultation for free, contact Joslyn Law Firm at (513) 399-6289. Joslyn Law Firm serves clients in Cincinnati, Ohio and nearby cities including Blue Ash, Montgomery, Florence, North College Hill, and Blue Ash.

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