Criminal Defense Lawyers

Fighting Federal Firearms Charges: What You Need to Know in NYC

Fighting Federal Firearms Charges: What You Need to Know in NYC

Getting charged with a federal firearms offense can be really scary. Trust me, I know. I’ve helped a lot of folks in NYC deal with these kinds of charges over the years. The penalties can be harsh, but with the right legal strategy, you can get through this.

There are a few key things to understand about federal firearms laws. First, they apply not just to firearms dealers or manufacturers, but also to regular folks who own guns. So even if you have a legal gun license in New York, you could still end up facing federal charges if the feds think you broke one of their laws.

Some of the most common federal firearms crimes include:

• Possession of a gun by a convicted felon
• Possession of a gun while under indictment for a felony
• Possession of a stolen firearm
• Providing false information on firearm paperwork (like ATF Form 4473)
• Possession of a firearm with an obliterated serial number
• Possession of a machine gun
• Possession of a firearm while under a domestic violence restraining order
• Possession of a firearm while being an unlawful user of controlled substances
• Possession of armor piercing ammunition

As you can see, some of these laws prohibit possession even if the person has no intent to commit further crimes. That’s why it’s so important to fully comply with all applicable state and federal laws if you choose to own firearms.

Penalties for Federal Firearms Charges

If convicted of one of these federal firearms offenses, you’re looking at up to 10 years in federal prison and fines up to $250,000 for each violation. Yikes! And if the crime involves drug trafficking or violence, the potential prison sentence goes up to 25 years.

But here’s the thing – the maximum sentences are rarely imposed except in the most extreme cases. My job as your defense lawyer is to identify weaknesses in the government’s case and negotiate for the lowest possible penalty. Prosecutors know that many federal gun laws are overly broad, so they are often willing to reduce charges.

Fighting the Charges in Court

If we can’t reach an acceptable plea deal, then we’ll have to fight the charges at trial. Believe it or not, these cases are very winnable if you have an experienced federal criminal defense lawyer on your side.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

For example, in a recent case I defended, the ATF raided my client’s apartment and found an unregistered handgun. Their case seemed air tight – until I discovered the gun actually belonged to my client’s roommate who had asked him to temporarily hold it. We were able to show the roommate’s fingerprints on the gun, and my client was acquitted at trial.

I’ve also won several cases by showing federal agents violated my clients’ Fourth Amendment rights against unreasonable search and seizure. If the search was illegal, the judge may suppress any evidence found during the search so it can’t be used against you.

Using the Second Amendment as a Defense

In light of the recent Supreme Court case New York State Rifle & Pistol Association v. Bruen, we now have more power to challenge the constitutionality of certain federal gun laws.[1] The Bruen case established that Americans have a broad right to carry weapons in public for self-defense.

While federal laws still prohibit felons and domestic abusers from having guns, Bruen may open the door to overturning bans on certain weapons or requirements like obtaining a permit. My colleagues and I are looking closely at how this ruling can benefit our clients facing federal firearms charges.

Getting Your Guns Back

If you win your federal criminal case, you may be able to get your seized firearms returned. The process varies, but generally you would petition the court and the seizing agency (like ATF or NYPD) to release the weapons.

However, if your guns were used as evidence at trial, the prosecutor may try to convince the judge to keep them. You may need to file additional motions to get the judge to order their return.

Avoiding Future Charges

Once you beat a federal firearms case, you’ll want to be extra cautious about following all applicable laws going forward. Even minor violations could lead to new charges or probation/parole violations.

I advise all my clients to get rid of any questionable firearms and ammunition after their case is resolved. Better to play it safe than risk going back to prison! I can also help you understand the restoration of rights process if you want to legally purchase guns again in the future.

Work with a Passionate Legal Advocate

As you can see, defending federal firearms charges in NYC requires an experienced attorney with in-depth knowledge of the law. Don’t leave your fate in the hands of an overworked public defender.

I know how devastating these cases can be for individuals and families. I fight passionately for every client because I want you to move on with your life. Call me today for a free case evaluation. There’s always hope!

Sources:

1. New York Times article on the Bruen decision
2. Overview of federal firearms crimes from New York criminal defense firm
3. New York ammunition possession laws explained
4. News report on Hunter Biden’s federal indictment
5. Hunter Biden’s lawyers cite Bruen decision
6. NY Bar Association analysis of the Bruen ruling