Defending Against Federal Firearm Possession Charges Under 18 U.S.C. § 922(g) in the Western District of Pennsylvania

Federal firearm charges under 18 U.S.C. § 922(g) carry serious consequences, including prison time, hefty fines, and a permanent criminal record. If you or a loved one is facing charges under § 922(g) for unlawful possession of a firearm, it’s essential to have experienced legal representation to protect your rights and fight for your freedom. At Frank Walker Law, we specialize in defending clients in federal courts, including the Western District of Pennsylvania - Erie, Pittsburgh or Johnstown Courts, and we understand the specific challenges and strategies involved in federal firearm cases.

What Are Federal Firearm Possession Charges Under 18 U.S.C. § 922(g)?

Under 18 U.S.C. § 922(g), it is illegal for certain individuals to possess, receive, or transport firearms or ammunition. These restrictions apply to a variety of circumstances and categories, including:

1. Convicted Felons: It is unlawful for anyone with a felony conviction (a crime punishable by more than one year in prison) to possess a firearm.
 
2. Fugitives from Justice: Individuals who are actively avoiding prosecution or court appearances may face firearm possession restrictions.

3. Drug Users or Addicts: Those deemed unlawful users of controlled substances, even if not currently facing drug charges, are prohibited from firearm possession.

4. Mental Health Concerns: Individuals who have been adjudicated as mentally ill or committed to a mental institution are also restricted.

5. Domestic Violence Convictions: Persons with misdemeanor domestic violence convictions or active restraining orders may not legally possess firearms.

6. Undocumented Immigrants: Individuals without legal immigration status in the U.S. are also prohibited from possessing firearms.

A violation of § 922(g) can result in significant prison time and fines. Additionally, because these cases are handled in federal court, the penalties can be more severe than for similar state-level offenses.

Potential Penalties for 18 U.S.C. § 922(g) Convictions

Federal firearm charges carry strict penalties, often including:

- Prison Sentences: Convictions for unlawful firearm possession can result in up to 10 years in federal prison. If the individual has three or more prior convictions for violent felonies or serious drug offenses, they could face a mandatory minimum sentence of 15 years under the Armed Career Criminal Act (ACCA).
 
- Significant Fines: Federal fines for firearm possession violations can range into the hundreds of thousands of dollars.

- Long-Term Consequences: A conviction can impact your ability to find employment, housing, and may result in additional restrictions on your rights.

Common Defense Strategies for § 922(g) Firearm Possession Charges

At Frank Walker Law, we provide aggressive, strategic defense for clients facing federal firearm possession charges. Some common defenses we employ include:

1. Challenging the Search and Seizure: In many firearm cases, law enforcement relies on searches to obtain evidence. If the firearm was discovered during an illegal search or if officers violated your Fourth Amendment rights, we may be able to get that evidence suppressed, weakening the prosecution’s case.

2. Lack of Knowledge: To convict under § 922(g), the prosecution must prove that the defendant knowingly possessed the firearm. If you were unaware of the firearm’s presence, we can challenge the charge on the grounds that knowledge and intent were not established.

3. Constructive Possession Issues: In some cases, firearms are found in a shared space, like a car or home. We may argue that the prosecution cannot prove you had control over the firearm, making it difficult for them to establish possession.

4. Mistake or Inaccurate Classification: We examine whether the government correctly classified any prior convictions that led to the firearm restriction. Errors in classification can sometimes be used to challenge the charge’s basis.

5. Entrapment Defense: In cases where law enforcement actively encouraged or manipulated the defendant into possessing a firearm, an entrapment defense may be appropriate. We examine whether undercover officers or informants crossed legal boundaries.

Why Choose Frank Walker Law for Federal Firearm Defense?

Attorney Frank Walker is a seasoned criminal defense attorney who understands the complexities and nuances of federal firearm cases in the Western District of Pennsylvania. Here’s what sets Frank Walker Law apart:

- In-Depth Federal Court Experience: Federal court cases operate differently from state cases, and Attorney Frank Walker has extensive experience representing clients in the Western District of Pennsylvania’s federal courts. His familiarity with the judges, prosecutors, and procedures in these courts is a significant advantage.

- Aggressive, Strategic Defense: We take a personalized, aggressive approach to every case, thoroughly investigating all evidence, identifying any weaknesses in the prosecution’s case, and building a strong defense for each client.

- Comprehensive Knowledge of Federal Firearm Laws: We stay updated on changes in federal firearm statutes, sentencing guidelines, and case law, ensuring that we bring the most informed and effective defense possible.

What to Do if You’re Facing Federal Firearm Charges

If you have been charged with violating 18 U.S.C. § 922(g), it’s crucial to act quickly and take steps to protect your rights:

1. Exercise Your Right to Remain Silent: Do not discuss your case with law enforcement without an attorney present. Anything you say can be used against you.

2. Retain an Experienced Defense Attorney: Federal charges are complex and require an experienced attorney with a deep understanding of federal laws and the local federal court system.

3. Preserve Any Potential Evidence: Do not attempt to destroy or alter any evidence that may be part of your case, and avoid contact with potential witnesses.

Contact Frank Walker Law for a Strong Defense Against Federal Firearm Charges

Facing federal firearm possession charges under 18 U.S.C. § 922(g) can be overwhelming, but having a dedicated, knowledgeable defense attorney on your side can make all the difference. At Frank Walker Law, we are committed to defending your rights and fighting for the best possible outcome.

Contact us today for a confidential consultation to discuss your case, understand your options, and learn how we can help defend against federal firearm charges in the Western District of Pennsylvania.