A: Yes, in most cases, federal gun laws override state gun laws. The Constitution has a carefully worded safeguard called the Supremacy Clause. It established that federal law almost always supersedes state law in the event of a conflict. There may be exceptions, such as certain concealed carry laws that are not regulated by federal law. Most of the time, though, federal law overrides state law and results in harsher consequences.
Chattanooga Federal Gun Crime Lawyer
Federal Gun Crime Attorney In Chattanooga, TN
Facing criminal charges of any kind can be overwhelming, confusing, and quite terrifying, depending on the nature of your charges. Despite Tennessee being a generally pro-gun state, you can still face federal penalties for certain gun-related crimes if you are convicted. There are certain federal laws in place that prohibit some individuals from transporting, possessing, or owning firearms. A Chattanooga federal gun crime lawyer can help you assess your own case.
The legal team at Evans Bulloch Parker PLLC understands the most effective ways to help you deal with federal charges and help you avoid dealing with federal gun crime penalties. Understanding Chattanooga’s federal gun crime laws is vital to the success of your case. Without the help of a federal gun crime attorney, you could end up receiving the maximum penalty for the charges you’re facing. The last thing you want is to end up in prison over this.
Why Hire a Federal Gun Crime Lawyer?
There are many different reasons why you should hire a federal gun crime lawyer. Certain legal situations will require the assistance of an experienced professional who recognizes the high stakes involved. At Evans Bulloch Parker PLLC, we know the kind of help you need. Our founding partner, Luke A. Evans, focuses primarily on federal crime cases. With past experience as an Assistant District Attorney General, he knows how both sides of the system work.
According to recent statistical data gathered by the United States Sentencing Commission, firearm-related crimes were the third most common federal crime in the nation in 2024. That year, over 8,100 federal firearm cases were reported to the Commission. These crimes are not uncommon, and people do get convicted for them. If you’re not careful, you could end up facing years in prison and fines that number in the hundreds of thousands.
Throughout this ordeal, it’s okay to feel insecure or worried about the future. After all, you could be facing significant legal penalties. There’s nothing wrong with asking for help during a crisis. The right help can be invaluable. You may want to consider reaching out to a local mental health support group, such as NAMI Chattanooga or the American Counseling Association (ACA). Discussing your concerns and worries with the right people can be a significant benefit to you.
Potential Defenses Against Federal Gun Crimes
According to federal guidelines provided by the ATF, certain individuals throughout the country are prohibited from possessing firearms. These individuals include:
- Fugitives from justice.
- Illegal aliens.
- Previously convicted felons.
- Known drug addicts.
- Anyone with a domestic violence-related restraining order.
If you are arrested and charged with federal gun crimes, the first thing you’ll want to do is reach out to a criminal defense lawyer and start working on a strong defense strategy. Here are some of the potential defenses you may be able to use as part of that strategy:
- Lack of Intent: One defense you may be able to use is a lack of intent to commit a crime. While the firearm in question may have been found in your possession, you may have no knowledge of how it got there or that you were not legally allowed to possess it. For example, if the gun was placed in your vehicle without your knowledge, you may not be responsible for it.
- Illegal Search and Seizure: Americans are generally protected from illegal search and seizure under the Fourth Amendment. The police need a valid search warrant or probable cause to search your home or vehicle. If they conduct an illegal search, it could result in all evidence acquired during that search being rendered inadmissible.
- Legal Usage: One of the most common defenses used in a federal gun crime case is the simple fact that you are legally allowed to own said firearm. If none of the federal guidelines apply to you, you can argue that you were exercising your constitutional right to bear arms. It’s entirely possible the police slipped up during their investigation of you and arrested you on grounds that don’t actually apply.
FAQs
Q: How Much Prison Time Can You Get for a Federal Gun Charge?
A: The amount of prison time you could potentially get for a federal gun charge is entirely dependent on the nature of the charge, whether the firearm was illegally modified, and your own past criminal history. Some federal gun crimes have mandatory minimum sentences, which means there’s very little you can do to avoid prison time. An illegal firearm possession conviction can result in up to 10 years in prison.
Q: Does the Second Amendment Supersede State Law?
A: No, the Second Amendment does not always supersede state law when it comes to firearms. While the Second Amendment gives Americans the right to bear arms, that right is not unlimited and is subject to certain restrictions when necessary. Those restrictions can be implemented at the state level, and they often are. Additionally, certain individuals are not allowed to have firearms at all, such as convicted felons and illegal aliens, among others.
Q: Should I Hire a Defense Lawyer for a Federal Gun Charge?
A: Yes, you should hire a defense lawyer for a federal gun charge. Gun charges can be confusing and unpredictable, especially at the federal level. You will want the right legal protection in your corner. A solid criminal defense lawyer can provide you with the resources you need to protect yourself when facing gun charges. They can help you work out a sound defense strategy and ensure your rights are always protected.
Contact Us Today
At Evans Bulloch Parker PLLC, we can help you fight the charges against you. Contact us to speak with a valued team member about your case today.