Gun laws in the United States are governed by a complex web of federal and state regulations. One of the features of federal and Florida gun law that surprises many defendants is the fact that both the federal government and the Florida state government can prosecute someone for the same gun crime in both jurisdictions. This is possible because of the legal doctrine of “concurrent jurisdiction.”
Concurrent jurisdiction means that a single gun crime (or other offense violating both federal and state law) can lead to prosecution in state court and a separate prosecution in federal court without violating the rule against double jeopardy.
Stechschulte Nell, Attorneys at Law in Tampa understands that this scenario sounds like being tried twice for the same crime, something barred by the constitution’s prohibition on double jeopardy. But double jeopardy only prevents being twice prosecuted for the same crime in the same jurisdiction. This article explains these concepts in detail and illustrates the importance of hiring the most experienced criminal defense lawyer in your gun-related or other serious criminal case.
Federal Gun Crimes
Federal gun laws are governed by several statutes establishing a solid scheme for regulating firearms nationwide. Key pieces of legislation include the National Firearms Act (NFA), the Gun Control Act of 1968 (GCA), and the Brady Handgun Violence Prevention Act.
National Firearms Act (NFA)
The NFA, enacted in 1934, regulates the possession, manufacture, and transfer of specific types of firearms and accessories, including machine guns, short-barreled rifles and shotguns, silencers, and destructive devices. Under the NFA, individuals must register these items with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and pay a tax.
Gun Control Act of 1968 (GCA)
The GCA established comprehensive regulations for the sale and possession of firearms. It prohibits certain individuals from possessing firearms, including felons, individuals convicted of domestic violence, and those with restraining orders. It also mandates background checks for firearm purchasers and requires dealers to obtain a Federal Firearms License (FFL).
Brady Handgun Violence Prevention Act
The Brady Act, passed in 1993, instituted mandatory background checks for individuals purchasing firearms from licensed dealers. It established the National Instant Criminal Background Check System (NICS), which is used to screen potential buyers and prevent prohibited individuals from obtaining firearms.
Legal Prosecution of Gun Crimes in Federal and State Court
When it comes to prosecuting gun crimes, the jurisdiction—whether federal or state—will significantly affect the legal process and the potential maximum penalties. Both federal and Florida state courts have the authority to prosecute gun crimes, but the specific circumstances of the offense often determine which court will handle the case.
Read More > Florida Weapons & Firearms Crimes
Federal Prosecution
Federal prosecution of gun crimes usually requires offenses that violate federal statutes or occur under circumstances that fall within federal jurisdiction. Common federal gun crimes include:
- Possession of a firearm by a prohibited person: Federal law prohibits individuals listed below from possessing a firearm:
- felons
- fugitives
- unlawful users of or addicts to a controlled substance
- persons who have been adjudicated as mentally “defective” or who have been involuntarily committed to a mental institution
- illegal aliens and non-immigrant aliens
- persons dishonorably discharged from the armed forces
- persons who have renounced their U.S. citizenship
- persons convicted of a misdemeanor crime of domestic violence, and
- persons who are the subject of a qualifying domestic protection order (Firearm possession by a person with restraining orders but no conviction is currently under review by the United States Supreme Court.)
Penalties for violations can result in up to 10 years in federal prison.
- Unlawful possession of a firearm: This includes possession of unregistered firearms regulated by the NFA, such as machine guns and silencers. Penalties include up to five years in prison and a fine of up to $250,000.
- Firearm trafficking: Federal law targets the illegal sale and distribution of firearms, including straw purchases (where someone buys a gun for someone else who is prohibited from purchasing it).
- Use of a Firearm in Drug Trafficking or Other Violent Crime: Use of a firearm during the commission of a drug trafficking or other violent crime, or in furtherance of the offense, carries a range of penalties, depending on the nature of the offense and the way the firearm was used. Penalties range from five years in federal prison up to life in prison.
Federal gun crimes are prosecuted by U.S. Attorneys in U.S. District Courts throughout the respective federal districts in Florida.
State Prosecution in Florida
Florida prosecutes gun crimes that violate state laws. Common state gun crimes include:
- Illegal possession of a firearm: Florida law prohibits certain individuals, such as felons and those with specific misdemeanor convictions or permanent domestic violence-related restraining orders, from possessing firearms. Violations can result in felony charges with significant prison time.
- Use of a firearm in the commission of a crime: Florida imposes enhanced penalties for using a firearm during the commission of other crimes, such as robbery or assault.
Gun crimes prosecuted in Florida state courts are handled by state attorneys and follow the state’s legal procedures. Penalties for state gun crimes can vary but include imprisonment, fines, probation, and other legal consequences.
Differences in Prosecution and Penalties
While both federal and state courts can prosecute gun crimes, there are notable differences in how these cases are handled and the potential penalties involved.
Jurisdiction and Scope
Federal prosecution often involves broader jurisdictional issues, such as interstate firearm trafficking or possession of firearms by individuals who cross state lines. Federal cases may also involve collaboration with agencies like the ATF. In contrast, state prosecution focuses on offenses committed within the state’s borders and under state law.
Sentencing Guidelines
Federal sentencing guidelines tend to be more stringent, with mandatory minimum sentences for certain offenses. For example, federal law imposes mandatory minimum sentences for using a firearm in the commission of a violent crime or drug trafficking offense. State sentencing in Florida, while severe, may offer more flexibility and discretion to judges in determining appropriate penalties.
Double Jeopardy Concerns
The principle of double jeopardy prevents an individual from being tried twice for the same offense. However, because federal and state courts operate under separate legal systems, it is legally possible for an individual to face both federal and state charges for the same conduct. This dual prosecution often leads to combined legal consequences and penalties.
While dual federal and state prosecution for the same criminal conduct under concurrent jurisdiction is possible, it remains unusual for many reasons. In most cases, federal and state prosecutors consult with one another to determine which jurisdiction will conduct the lead prosecution.
Generally, federal prosecutors focus on interstate criminal conduct, or criminal activity that includes aggravating circumstances or involves a defendant already under federal indictment or on supervised release following a federal prison term.
Decisions often involve considerations of which jurisdiction is more suitable to prosecute, whether one jurisdiction’s penalties are more appropriate in light of the seriousness of the offense, and whether federal law enforcement agents participated in the investigation.
Importantly, the federal government must still establish that it has jurisdiction over the alleged crime before it can proceed with any prosecution, either alone or in addition to the Florida state prosecution.
Ensuring a Robust and Informed Defense
Navigating the complexities of gun crime laws demands a strategic defense, particularly when cases fall under both federal and state jurisdictions. The consequences for those facing such charges are significant, given the severe penalties and complex legal issues involved. It is crucial to have a defense attorney with expertise in both federal and state law. Such dual expertise is vital to protecting your rights across legal arenas and managing your case with precision.
If you or someone you know is dealing with gun charges, don’t risk your defense. Contact Stechschulte Nell, Attorneys at Law in Tampa, for a defense team that is equipped to handle the intricacies of your case effectively. The right legal representation is key to influencing the outcome of your case.
