Federal Firearms Cases

Federal Firearms Cases: How Josh Tomsheck of Hofland & Tomsheck Can Defend You Against Serious Gun Charges

Federal firearms offenses are some of the most heavily prosecuted crimes in the United States. The penalties for being convicted of a federal firearms violation can be severe, including long prison sentences, significant fines, and the permanent loss of your right to possess a firearm. In many cases, federal firearms charges arise from the illegal possession, sale, or trafficking of firearms, but they can also involve more complex situations, such as the use of firearms during the commission of other federal crimes.

If you or someone you know is facing federal firearms charges, it is essential to have an experienced attorney who understands the intricate legal framework governing these offenses. Josh Tomsheck, a nationally Board-Certified criminal defense attorney with Hofland & Tomsheck, has extensive experience defending clients against a wide range of federal gun charges. His deep knowledge of federal firearms laws, combined with his aggressive defense strategies, ensures that he will fight tirelessly to secure the best possible outcome for his clients.

Understanding Federal Firearms Laws

Federal firearms laws are primarily governed by the Gun Control Act of 1968 (GCA) and the National Firearms Act of 1934 (NFA). These laws regulate the possession, transfer, and manufacture of firearms in the United States, and they impose strict penalties for violations. Federal firearms offenses are often prosecuted under statutes like 18 U.S.C. § 922 and 18 U.S.C. § 924, which address a variety of gun-related crimes, including:

1. Possession of Firearms by Prohibited Persons: Under 18 U.S.C. § 922(g), certain individuals are prohibited from possessing firearms. These individuals include convicted felons, people with restraining orders, individuals convicted of domestic violence, and those who are mentally ill. Even if the firearm was lawfully purchased, possession by a prohibited person can result in serious federal charges.
2. Use of a Firearm During a Violent Crime or Drug Trafficking Offense: 18 U.S.C. § 924(c) imposes mandatory minimum sentences for individuals who use, carry, or possess a firearm during the commission of a federal crime of violence or drug trafficking offense. The penalties for violating this statute can range from five years to life in prison, depending on factors like the type of firearm used and whether it was brandished or discharged.
3. Unlawful Sale or Transfer of Firearms: 18 U.S.C. § 922(a) makes it illegal for individuals without the proper federal licenses to sell or transfer firearms. In addition, certain transfers are illegal even with a license, such as selling a firearm to a prohibited person or selling across state lines without the proper paperwork.
4. Possession of an Unregistered Firearm: The National Firearms Act requires that certain types of firearms, such as machine guns, short-barreled rifles, and silencers, be registered with the federal government. Possession of an unregistered NFA firearm can result in serious criminal charges and significant prison time.
5. Trafficking of Firearms: Firearms trafficking, including smuggling guns across state lines or internationally, is another federal offense that carries stiff penalties. This charge often arises in cases involving large-scale illegal firearm sales or gang-related activities.
6. Straw Purchase of Firearms: A straw purchase occurs when someone buys a firearm on behalf of another person who is prohibited from purchasing or owning guns. This is a serious federal offense that can lead to significant fines and prison time, especially if the firearm is used in a crime.

Penalties for Federal Firearms Convictions

Federal firearms offenses carry severe penalties that vary depending on the specific crime, the defendant’s criminal history, and other aggravating factors. Some common penalties include:

• Mandatory Minimum Sentences: For certain firearms offenses, particularly those involving the use of a firearm during a violent crime or drug trafficking offense, federal law imposes mandatory minimum sentences. For example, under 18 U.S.C. § 924(c), a person convicted of using a firearm during a drug trafficking crime faces a mandatory minimum of five years in prison. If the firearm was brandished, the minimum sentence increases to seven years, and if it was discharged, the minimum is 10 years.
• Long-Term Imprisonment: In cases involving firearms trafficking, possession of machine guns, or unregistered NFA firearms, defendants may face long prison terms, especially if the crime involved organized crime or large-scale illegal sales.
• Fines: Federal firearms convictions can also result in significant financial penalties, with fines reaching hundreds of thousands of dollars in some cases.
• Loss of Gun Rights: Individuals convicted of federal firearms offenses, particularly those involving prohibited persons or violent crimes, often lose their right to own or possess firearms for life. This permanent restriction can severely limit a person’s freedoms and impact their career and personal life.

Given the serious consequences of a federal firearms conviction, it is essential to have a defense attorney who can effectively challenge the government’s case and fight for the most favorable outcome.

Common Defenses in Federal Firearms Cases

When defending against federal firearms charges, Josh Tomsheck employs a variety of strategies tailored to the specific facts of each case. Some common defenses include:

1. Challenging the Legality of the Search and Seizure: The Fourth Amendment protects individuals from unlawful searches and seizures. If law enforcement obtained evidence of the firearm through an illegal search, Josh Tomsheck will aggressively challenge the admissibility of that evidence in court. Suppression of key evidence can often lead to a dismissal of the charges.
2. Lack of Knowledge or Possession: In some cases, the defense may argue that the defendant did not know they were in possession of the firearm or that the firearm belonged to someone else. For example, if a gun is found in a shared vehicle or home, it may be difficult for the prosecution to prove that the defendant was aware of its presence or exercised control over it.
3. Mistaken Identity: Federal firearms cases sometimes involve situations where the defendant is wrongly identified as the individual possessing or using the gun. This can happen in cases involving eyewitness misidentification or false accusations.
4. Self-Defense: In certain cases, a defendant may argue that they possessed or used a firearm in self-defense. While federal law imposes strict penalties for unlawful use of firearms, the right to self-defense is a constitutionally protected defense. Josh Tomsheck is skilled at presenting compelling arguments that justify the defendant’s actions in cases involving threats to their safety.
5. Entrapment: Entrapment occurs when law enforcement officers or informants induce a person to commit a crime they otherwise would not have committed. If a defendant can show that they were pressured or coerced into committing the firearms offense, they may be able to use this as a defense.
6. Challenging the Firearm’s Status: In cases involving NFA firearms, such as machine guns or silencers, the prosecution must prove that the firearm was unregistered or otherwise illegal. If there is insufficient evidence that the firearm was in violation of federal law, the charges may be dismissed or reduced.

How Josh Tomsheck Can Help You in Federal Firearms Cases

Federal firearms cases are complex and carry harsh penalties. To effectively defend against these charges, you need an attorney who understands both federal law and the nuances of firearms regulations. Josh Tomsheck is an experienced, nationally Board-Certified criminal defense lawyer who has successfully defended clients against a wide range of federal firearms charges.

Here’s why Josh Tomsheck is the best choice for your defense:

• Expertise in Federal Firearms Law: Tomsheck’s deep understanding of the Gun Control Act, the National Firearms Act, and other federal firearms statutes allows him to build strong defense strategies that challenge the government’s case and seek the most favorable outcomes.
• Proven Track Record in Federal Court: With years of experience defending clients in federal court, Tomsheck knows how to navigate the complexities of federal firearms cases and secure reduced sentences, dismissals, or acquittals.
• Personalized Defense Strategy: Every case is unique, and Josh Tomsheck takes the time to understand the specific facts and circumstances of each client’s case. He develops tailored defense strategies aimed at minimizing penalties and achieving the best possible result.
• Aggressive Advocacy: Tomsheck is a tenacious advocate who fights for his clients at every stage of the case, from pre-trial negotiations to sentencing. He is known for his dedication, attention to detail, and commitment to protecting his clients’ rights.

If you or a loved one is facing federal firearms charges, don’t wait to seek legal representation. Contact Josh Tomsheck at the Law Firm of Hofland & Tomsheck today for a consultation. With his experience, knowledge, and dedication, you can trust that your case is in the best hands.