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Federal Gun Crimes: Can You Be Charged in State and Federal Court?

gun and American flag

Gun charges are serious, but especially at the federal level. So, if someone is charged with a state gun charge, could they face federal charges as well? Keep reading to find out.

Florida Gun Laws

In Florida, gun charges can be charged independently or in connection with other crimes. Possession of a firearms may be an aggravating factor. For example, if a convicted felon is stopped for a DUI but they have a handgun in the car, possession of a gun could be an aggravating factor.

The state also has specific rules regarding concealed carry. Concealed carry is the legal possession of firearm in public. Florida residents are legally allowed to concealed carry and out of state visitors may also carry but only if they receive a permit.

Additionally , possession or discharge of a destructive device is a criminal offense in league with gun crimes. A destructive device can be a firearm or a grenade bomb, or rocket. In some cases, firing a gun in a restricted area is a crime.

Depending on the circumstances gun crimes may be charged as a felony punishable by prison time and fines. It’s also important to note that committing crime with a firearm can increase the penalties.

Federal Law

Federal law does not allow prohibited persons to possess firearms. Prohibited persons are those convicted of a crime or with a history of domestic violence. Additionally, if a person has a restraining order against them, they cannot legally be in possession of a firearm.

Unlawful possession of a firearm is punishable by ten years in federal prison and fines up to $250,000.

Federal law may also apply to interstate gun crimes. When a person flees to another state after committing a crime it falls under federal jurisdiction. In the same way that firearms may also be aggravating factors in state cases, using a gun to commit an interstate crime is an aggravating factor.

For example, if a person uses a firearm to kidnap someone and take them from one state to another the possession of a gun can accentuate the charges regardless of whether the gun was used.

Court Process

A person can be tried in state and federal prison for the same crime despite double jeopardy. Double jeopardy is a legal protection that prevents convicted persons from being charged for the same crime twice. For example, if someone is charged with burglary, they cannot be charged for burglary again.

However, double jeopardy only applies to cases in the same court system. In other words, if a person is convicted of a crime in state court, they may face the same charges in federal court.

Entrust Your Case to an Experienced Attorney

State and federal gun charges are serious crimes that can have devastating consequences. Whether person is charged in state or federal court, a criminal conviction can destroy a person’s employment and education opportunities in addition to restricting their freedoms.

The Hoffman Firm has extensive experience handling criminal cases in state and federal court. Our legal team can create a case strategy tailored to your specific needs. We believe that those accused of a crime deserve a fearless defense. If you are facing gun charges, entrust your case to our experienced attorney.

Contact The Hoffman Firm for more information.

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