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Federal gun crime charges in Florida
Federal gun charges in Florida can arise from violations of federal laws governing who may possess, transfer, sell, manufacture, or transport firearms. Under the Gun Control Act, 18 U.S.C. § 922, federal law restricts firearm possession by certain individuals and regulates firearm transactions, including some transfers between residents of different states. Federal charges may also involve prohibited firearms or devices, unlawful firearm transactions, altered or removed serial numbers, or possessing a firearm when federal law prohibits the individual from doing so.
- Federal statute
- 18 U.S.C. §§ 922, 924
- Investigated by
- ATF
- Federal courts
- Northern District of Florida Middle District of Florida Southern District of Florida
- Appeals
- U.S. Court of Appeals for the Eleventh Circuit
Federal firearm offenses can carry significant prison sentences, particularly when a gun is connected to another federal crime. Possessing or using a firearm during certain violent or drug-trafficking crimes may result in additional charges and prison time, with potential penalties increasing when a firearm is brandished or discharged or when certain weapons or devices are involved. Prior convictions can also significantly affect sentencing. Under the Armed Career Criminal Act, 18 U.S.C. § 924(e), qualifying defendants convicted of unlawful firearm possession who have three qualifying prior convictions can face a mandatory minimum 15-year federal prison sentence.
The circumstances surrounding the possession, search, seizure, and alleged use of the firearm can play an important role in defending against federal gun charges in Florida. Potential defenses discussed on the page include lack of probable cause, an illegal search, entrapment, fabricated witness testimony, lack of knowing possession, and lawful authorization to possess the firearm. Federal firearm cases can therefore depend not only on the weapon itself, but also on who allegedly possessed it, how it was obtained or transferred, whether it was connected to another alleged crime, and how law enforcement obtained the evidence used to support the charge.
Where federal gun crime charges are prosecuted in Florida
Federal gun crimes in Florida are prosecuted in the federal court system, with cases generally handled in one of the state’s three U.S. District Courts based on where the alleged offense occurred. Miami is a major court location for the U.S. District Court for the Southern District of Florida, Tallahassee serves as one of the divisions of the U.S. District Court for the Northern District of Florida, and Tampa is one of five divisions within the U.S. District Court for the Middle District of Florida. All three federal judicial districts in Florida fall within the jurisdiction of the U.S. Court of Appeals for the Eleventh Circuit. The specific district and division in which a federal gun crimes case is prosecuted generally depends on where the alleged criminal conduct occurred and the counties served by that division.
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