The right of Americans to keep and bear arms is enshrined under the Second Amendment to the United States Constitution, but the federal government can prosecute certain weapon and firearm crimes that violate federal law. Federal weapons and firearm offenses carry much stiffer sentences than the crimes that are prosecuted at a state level.
People convicted of weapons crimes in federal courts not only face several years in prison, but may also be order to pay fines that could be hundreds of thousands of dollars. Federal prosecutors will aggressively pursue maximum sentences in these cases, and they typically have far greater resources than their state counterparts to help them achieve these goals.Lawyer for Federal Weapons Offenses in Miami-Dade County, Florida
If you were arrested or believe that you might be under investigation in Florida for an alleged federal firearm or weapons crime, you should not make any kind of statement to authorities without legal counsel. The Hoffman Firm can fight to protect your rights and will work tirelessly to help achieve the most favorable possible outcome to your case.
Evan A. Hoffman is an experienced criminal defense attorney in Miami who represents clients all over Miami-Dade County, including such communities as South Miami, Opa-locka, Miami Beach, Hialeah, and many others. He can provide a complete evaluation of your case as soon as you call (305) 249-0090 to schedule a free initial consultation.
Overview of Weapons Offenses in North Miami
- Are there federal restrictions on who can possess weapons?
- What kinds of weapons crimes are prosecuted in federal courts?
- Where can I find more information about federal weapon law enforcement?
Individuals in Florida Prohibited from Weapon Possession in Florida
Certain people can be denied their Second Amendment rights under federal law. Knowing possession of a weapon or certain activities affecting interstate commerce can be violations of federal law.
Under 18 U.S. Code § 922 (g), it is illegal for any person to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition, or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce, if he or she:
- 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 who has been committed to a mental institution;
- Being an alien, is illegally or unlawfully in the united states, or has been admitted to the united states under a nonimmigrant visa of the immigration and nationality act;
- Has been discharged from the armed forces under dishonorable conditions;
- Having been a citizen of the united states, has renounced his or her citizenship;
- Is subject to a court order that was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child or, by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
- Has been convicted in any court of a misdemeanor crime of domestic violence.
Types of Federal Weapons Offenses in Miami-Dade County
The U.S. Code contains several different weapons and firearm offenses. Generally, people face federal charges when they possess weapons on federal property, are arrested by federal agents, or were allegedly involved in illegal activity that crossed state lines.
The possible sentences for federal weapons crimes can vary depending on the specific crimes, but most offenses are generally classified as felonies. Convictions usually result in imprisonment and substantial fines.
Some of the most common federal weapons crimes that people are charged with in Florida include, but are not limited to:
- Possession of a Firearm by a Convicted Felon;
- Unlicensed Possession;
- Concealment of a Firearm;
- Firearms Trafficking; and
- Illegally Possessing a Firearm in a Federal Facility.
Florida Weapons Offense Resources
Southern District of Florida | Department of Justice — The United States Attorney for the Southern District of Florida is the chief federal law enforcement officer for the geographical area of approximately 15,197 square miles that includes Miami-Dade County, Broward County, Monroe County, Palm Beach County, Martin County, St. Lucie County, Indian River County, Okeechobee County, and Highlands County. On this website, you can learn more about the U.S. Attorney, the office’s programs, and recent news. The Justice 101 link contains a legal terms glossary, an introduction to the federal court system, and frequently asked questions.
U.S. Attorney's Office
99 N.E. 4th Street
Miami, FL 33132
U.S. Marshals Service | Southern District of Florida — The U.S. Marshals Service is a federal law enforcement agency within the U.S. Department of Justice that acts as the enforcement arm of the federal courts. U.S. Marshals work with authorities at the federal, state, and local levels to apprehend fugitives and serve warrants. On this website, you can find recent news as well as various fact sheets that cover fugitive operations, prisoner operations, tactical operations, and much more.
U.S. Marshals Service
Southern District of Florida
Federal Courthouse Square
400 N. Miami Avenue, 6th Floor
Miami, FL 33128
Do you think that you could be under investigation or were you arrested in Florida for any kind of a federal weapons crime? The Hoffman Firm aggressively defends clients in Aventura, Coral Gables, Key Biscayne, North Miami, and many surrounding areas of Miami-Dade County.
Miami criminal defense attorney Evan A. Hoffman is a former Assistant State Attorney who is admitted to the United States District Court for the Southern District of Florida. Call (305) 249-0090 or submit an online contact form today to take advantage of a free, confidential consultation that will let our lawyer review your case.