Strategic Federal And State Criminal Defense

The Brady Act and its restrictions on guns

On Behalf of | Feb 17, 2016 | Weapons Crimes |

In an attempt to curb gun violence, the federal government has enacted many laws over the years. One pivotal piece of legislation is known as the Brady Handgun Violence Protection Act. This law has many components to it, but perhaps most important amongst them are the limitations on who is disallowed from owning or possessing a firearm. For example, Californians who were convicted of a crime and were subsequently sentenced to a year or more in prison cannot own a gun. Doing so would be a federal crime.

The act does not end there, though. In fact, the law is quite wide-reaching. Under the Act, it is against federal law for individuals to import or deal in firearms unless they are licensed. The same holds true for manufacturing. Therefore, those who are considering selling, importing or manufacturing firearms should first ensure that they have the proper licensure.

The law does not stop with just guns, either. It also applies to certain gun-related items, such as ammunition. An individual who manufactures or sells armor-piercing ammunition can wind up facing federal charges. This means that those dealing with guns and gun accessories should be sure to make themselves aware of the law and how to avoid running afoul of it.

Sometimes, though, law enforcement steps in and starts making accusations of criminal wrongdoing. Those who are suddenly hit with allegations of a federal weapons offense should be sure to do everything they can to protect themselves. This means, perhaps, seeking out legal assistance from an attorney familiar with federal law and how to apply it to the circumstances at hand. After all, prosecutors must meet every element of a criminal charge, and federal gun crimes often have many components that may give a criminal defendant leverage.

Source: FindLaw.com, “18 USC § 922,” accessed on Feb. 12, 2016

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