Dealing In Firearms Is Often Unlawful And Holds Severe Penalties
Trafficking in firearms statutes make the unlicensed importation or dealing in firearms unlawful. The types of firearms that are included by this statute are pistols, machine guns, and rifles, for example. Despite whether what is being shipped is the whole firearms or components of one, an unlicensed firearms shipper may face trafficking in firearms investigations and/or charges. Both federal and Florida law include heavy fines and severe criminal penalties, including potential mandatory/minimum sentences of up to 25 years and maximum potential sentences of up to life. Mr. Petruzzi has represented numerous individuals charged with, or under investigation for, trafficking, as well as other firearms offenses by both federal and state authorities. His experience and knowledge serve as invaluable assets to his clients.
Who Prosecutes These Crimes, And What Does Sentencing Involve?
Federal trafficking in firearms offenses are investigated and prosecuted by various agencies, including the FBI, ATF, Secret Service, Department of Homeland Security and the Department of Justice. Some common federal statutes criminalizing trafficking in firearms include:
18 USC Sec. 922 –
(a) It shall be unlawful –
(1) for any person –
(A) 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.
Florida trafficking in firearms offenses are investigated and prosecuted by various state and local law enforcement agencies. Some common Florida
statutes criminalizing trafficking in firearms include:
790.175 Transfer or sale of firearms; required warnings; penalties –
(1) Upon the retail commercial sale or retail transfer of any firearm, the seller or transferor shall deliver a written warning to the purchaser or transferee, which warning states, in block letters not less than 1/4 inch in height:
“IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND FINE, FOR ANY ADULT TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND.”
(2) Any retail or wholesale store, shop, or sales outlet which sells firearms must conspicuously post at each purchase counter the following warning in block letters not less than 1 inch in height:
“IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND.”
(3) Any person or business knowingly violating a requirement to provide warning under this section commits a misdemeanor of the second degree, punishable as provided in s.775.082 or s.775.083.
Contact Law Offices of Paul D. Petruzzi, P.A. Today
To arrange for a free and confidential consultation with respect to any federal or state trafficking in firearms offense, contact the office at (305) 330-3905. For complete details about Mr. Petruzzi’s background, expertise and experience, click here.
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