Federal Firearms Defense Lawyers

Federal law provides that it shall be unlawful for any person except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce. Federal law also prohibits any person from transporting in interstate or foreign commerce any destructive device, machinegun, short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and necessity.

Federal law also states that it is unlawful for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in the State in which the transferor resides.

Federal law also prohibits straw-purchasers of firearms. No person may, in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition.

It is unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law or any published ordinance applicable at the place of sale, delivery or other disposition, unless the licensee knows or has reasonable cause to believe that the purchase or possession would not be in violation of such State law or such published ordinance.

It is also unlawful for any person knowingly to transport, ship, or receive, in interstate or foreign commerce, any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered or to possess or receive any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered and has, at any time, been shipped or transported in interstate or foreign commerce.

Except as specifically provided, it shall be unlawful for any person to transfer or possess a machinegun. This prohibition does not apply to a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.

Felons and other prohibited persons

Federal law prohibits the possession of firearms by felons and certain other prohibited persons. It is unlawful for any person who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; who is a fugitive from justice; who is an unlawful user of or addicted to any controlled substance; who has been adjudicated as a mental defective or who has been committed to a mental institution; who, being an alien is illegally or unlawfully in the United States; who has been discharged from the Armed Forces under dishonorable conditions; who, having been a citizen of the United States, has renounced his citizenship; who is subject to a court order that 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.

It shall be unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

Significant cases:

• United States v. Willis - A conviction is defined by the jurisdiction in which the prior offense occurred.
• Small v. United States - A felony conviction in a foreign country does not satisfy the prior felony conviction requirement in the felon in possession statute.
• United States v. Jackson - For a felon in possession of a firearm charge, the government does not have to prove that the defendant was aware that he had a prior conviction.
• United States v. Adams - In most cases, the government does not need to prove that the firearm is in operable condition.
• United States v. Pedro - Constructive possession is enough for a felon in possession charge if the defendant has both the intent and power to exercise control over the firearm.

Our law firm has extensive experience in defending serious federal firearms cases in the metro areas of Atlanta, Athens, Macon, Augusta, Savannah, Rome, Columbus, Albany, Valdosta and in all other Georgia courts. Please contact us if you need a criminal defense lawyer who has successfully resolved federal firearms cases.