Federal Weapons Charges

Federal Weapons Charges: How Josh Tomsheck of Hofland & Tomsheck Can Defend You

Federal weapons charges often stem from violations of laws governing the possession, sale, or use of firearms. These charges carry serious consequences, including lengthy prison terms, substantial fines, and the permanent revocation of firearm ownership rights. Key federal laws under statutes like 18 U.S.C. § 922 and 18 U.S.C. § 924 focus on regulating how firearms are possessed, transferred, and used.

If you or someone you know is facing federal weapons charges, securing an attorney with expertise in federal firearms laws is critical. Josh Tomsheck, a Board-Certified criminal defense attorney with Hofland & Tomsheck, has extensive experience defending clients against these serious charges. His deep understanding of federal firearms laws and his dedication to providing top-tier defense strategies make him a trusted advocate.

Overview of Federal Weapons Laws

The main federal laws governing firearms are the Gun Control Act of 1968 (GCA) and the National Firearms Act of 1934 (NFA). These laws dictate the conditions under which firearms can be legally owned, transferred, and manufactured, while imposing stringent penalties for violations.

1. Firearm Possession by Prohibited Persons (18 U.S.C. § 922(g)): This law makes it illegal for specific individuals, such as convicted felons or those under restraining orders, to possess firearms.
2. Use of a Firearm During a Violent Crime or Drug Trafficking (18 U.S.C. § 924(c)): Federal law mandates a minimum sentence for individuals using, carrying, or possessing a firearm during a violent crime or drug trafficking incident.
3. Unlawful Sale or Transfer of Firearms (18 U.S.C. § 922(a)): This statute prohibits the sale or transfer of firearms without a proper federal license or to individuals barred from owning firearms.
4. Possession of Unregistered Firearms (National Firearms Act of 1934): This law requires specific types of firearms, such as silencers and machine guns, to be registered. Possession of an unregistered firearm is a serious offense under federal law.

Penalties for Federal Weapons Convictions

Federal convictions for weapons-related crimes come with severe consequences, often resulting in harsh sentences, heavy fines, and the loss of firearm ownership rights. The penalties can vary based on the type of offense, the defendant’s criminal history, and other related factors.

• Mandatory Minimum Sentences: Many firearms offenses, particularly those involving the use of a gun during a violent or drug-related crime, carry mandatory minimum sentences. For instance, a conviction under 18 U.S.C. § 924(c) can result in a minimum of five years in prison.
• Significant Fines: Federal firearms violations can result in substantial fines, especially in cases involving illegal firearms trafficking or unregistered NFA weapons.
• Loss of Firearm Rights: A conviction often results in a lifelong ban on owning firearms, especially for those convicted of violent crimes or those prohibited from gun ownership.

Defenses in Federal Weapons Cases

Josh Tomsheck employs a variety of defense strategies, tailored to each client’s unique case circumstances. Some common defenses include:

• Challenging Search and Seizure: The Fourth Amendment protects against unlawful searches. If firearms evidence was obtained through illegal means, Tomsheck will move to have that evidence suppressed in court.
• Lack of Knowledge or Possession: In some cases, a defendant may not have known they were in possession of a firearm, or the weapon may have belonged to another individual.
• Mistaken Identity: In cases involving illegal firearms transfers or trafficking, Tomsheck may argue that the defendant was misidentified as the person involved in the sale.
• Entrapment: If law enforcement coerced or pressured the defendant into committing a weapons-related crime, the entrapment defense could be used to counter the charges.

How Josh Tomsheck Can Help in Federal Weapons Cases

Federal weapons charges are serious, but with the right legal defense, it’s possible to reduce or even dismiss these charges. Josh Tomsheck’s extensive experience and deep knowledge of federal firearms laws give his clients a significant advantage. Here’s why Josh Tomsheck is the best choice for your defense:

• Expertise in Federal Firearms Law: His detailed understanding of the GCA, NFA, and other federal firearms laws enables him to craft effective defense strategies.
• Proven Track Record in Federal Court: With extensive experience in federal courts, Tomsheck has successfully defended clients in even the most complex firearms cases.
• Personalized Defense Strategy: Each case is different, and Tomsheck prides himself on tailoring his defense strategies to the specific facts of each case, aiming to achieve the best possible outcome.
• Aggressive Advocacy: Josh Tomsheck is a relentless advocate, fighting for his clients at every step of the process, from pre-trial motions to the final verdict.

Contact Josh Tomsheck for a Consultation

If you or someone you care about is facing federal weapons charges, it’s essential to have a knowledgeable attorney on your side. Contact Josh Tomsheck at Hofland & Tomsheck for a consultation. With his experience, skills, and commitment, you can trust that your case will be handled with the utmost care and dedication