Santee, CA asked in Criminal Law and Federal Crimes for California

Q: Hello, can ATF charges be fought?

EX: Dealing in firearms without a license within the meaning of Chapter 44, Title 18, Section 922(a)(1)(A).

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Yes, ATF charges, such as dealing in firearms without a license, can be contested in court. In any criminal case, including those involving federal firearms violations, you have the right to mount a defense. This can involve challenging the evidence against you, the manner in which it was collected, or the interpretation of the law as it applies to your case.

It's important to understand the specifics of the charge under Section 922(a)(1)(A) of Title 18. This law requires that individuals engaged in the business of dealing firearms be licensed. A key element of your defense might be demonstrating that your activities did not constitute "engaging in business" as defined by the law.

Legal defenses might also include questioning the conduct of law enforcement during the investigation or the validity of their evidence. In some cases, demonstrating a lack of intent to violate the law can be a relevant defense.

Given the complexity of federal firearm laws and the serious nature of these charges, it is crucial to seek legal representation. An attorney with experience in federal firearms law can provide guidance tailored to your situation and help you navigate the legal process. They will work to ensure your rights are protected and aim to achieve the best possible outcome in your case.

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