Federal Firearm Defense Attorney in Cameron County
Janie Jaimez, Attorney at Law
A federal firearm possession charge doesn't require proof you used a gun in a crime, only that you possessed one while legally prohibited from doing so. These charges are prosecuted seriously and carry real federal prison exposure. Janie reviews how the firearm was found and whether the prohibition itself is being applied correctly. Se habla español. Call 956-793-5033.
What Counts as Federal Firearm Possession
Federal law prohibits certain categories of people from possessing a firearm or ammunition. Most commonly, this includes people with a prior felony conviction, but the prohibited categories can also include certain domestic violence convictions, unlawful drug users, and a person's immigration status, among others. [VERIFY: which prohibited categories to name specifically; confirm with Janie which apply to her actual caseload before publishing]. The charge applies to possession itself, actual or constructive, not to any additional crime committed with the firearm
Penalties for Federal Firearm Possession
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A federal firearm possession conviction carries significant federal prison exposure
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Certain aggravating factors, such as the type of firearm or a defendant's specific criminal history, can increase the exposure further
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Because this is a federal conviction, it also carries the same collateral consequences (immigration, professional licensing) common to other federal charges
What Janie Reviews in Every Federal Firearm Possession Case
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How the firearm was found, and whether the search or stop was lawful
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Whether the person actually qualifies as a "prohibited person" under the specific facts
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Whether the government can prove knowing possession, not just proximity to the firearm
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Whether the underlying conviction used to establish the prohibition is being applied correctly
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Options for negotiating the charge given the specific facts
Frequently Asked Questions
Do I have to have used the gun in a crime to be charged?
No. Federal firearm possession charges apply to possession itself by someone who's legally prohibited from having a firearm, regardless of whether it was used in another offense.
It varies. A prior felony conviction is the most common basis, but other categories can apply too. This is reviewed case by case.
What makes someone a "prohibited person" under federal law?
It depends on the facts: how the firearm was found, whether the prohibited-person status is being applied correctly, and the specific history involved all matter.
Can a firearm possession charge be reduced?
29 Avalon Dr, Brownsville, TX 78520
(281) 779-4053
Serving the Rio Grande Valley