Project Safe Neighborhoods

The Law

Federal Laws—Hard Time for Gun Crime

Under Project Safe Neighborhoods, U.S. prosecutors are ready to bring cases involving illegal gun use to federal court. This means that if anyone is caught with an illegal gun, they probably won't be entitled to bail—instead, they'll go straight to jail. And, if that's not bad enough, if they are convicted in federal court, they can spend up to 10 years in jail. There are no second chances under this program.

So it's smart to stay away from guns if you or anyone you know is in one of the categories described below. Save yourself, your friend, or your relatives from jail time.

Do You Belong to One of These Groups?

If you fit in one of these categories, you are prohibited from possessing any kind of gun or ammunition:

· Convicted felons (convicted at state or federal level).

· People under indictment for a crime punishable by imprisonment for more than 1 year.

· Fugitives from justice (interstate flight to avoid prosecution or testimony).

· Drug users or addicts.

· Aliens in the United States illegally or on temporary status.

· People with mental development problems or people committed to mental institutions.

· People who have formally given up their U.S. citizenship.

· People who have been dishonorably discharged from the armed services.

· People involved in committing domestic violence.

· Anyone subject to a court order (protective order) forbidding that person from stalking, harassing, or threatening an intimate partner or that partner's child.

· Anyone convicted of a misdemeanor crime involving violence or a threat with a deadly weapon if the convicted person was the victim's current or former spouse, live-in boyfriend or girlfriend, parent, or guardian.

If you're caught with a gun you cannot legally possess, you can face harsh penalties in federal prison with no possibility of parole. And, if you have three or more prior violent felony or serious drug offense convictions, you face a minimum of 15 years in prison without parole.

Thinking of Helping Someone in One of the Groups Above To Get a Gun or Ammunition? Don't Risk It!

Even if you are not in one of these groups, you have committed a crime and can go to federal prison if you help anyone in one of the categories above get a gun or ammunition. It may not even matter whether you knew the person was in one of the groups: If you buy a gun for someone else and lie on the federal form about who the gun is for, you have committed a federal crime.

Using, Carrying, or Possessing a Firearm in Connection With a Drug-Trafficking Crime or Crime of Violence

Whether you have ever been convicted of any crime, if you use or brandish, display, carry, or possess a firearm in a way designed to further or carry out a drug-trafficking crime or a federal crime of violence, you can be charged—in addition to the crime itself—with a federal firearms crime. In fact, you can be convicted of this offense even if the gun is not on you! The lightest sentence you can get for this crime is 5 years, with no parole. The sentence must be served in addition to any other sentence for the drug trafficking or violent crime. And, if you get convicted of having a gun during a second violent crime or drug-trafficking offense—even during the same trial—you're automatically going to prison for at least 30 years.

If you steal guns or have anything to do with guns that you know or have reasonable cause to believe were stolen, you can go to prison for up to 10 years.

For possessing or discharging a firearm in a school zone you can receive a prison sentence of up to 5 years. If you give or sell a handgun (or ammunition used only in handguns) to someone under age 18 and you knew or had reasonable cause to know that the juvenile intended to carry, possess, or discharge the handgun or otherwise use the handgun or ammunition during a violent crime, you can go to prison for up to 10 years.

Obliterating or altering the manufacturer's serial number on a firearm—or even transporting or possessing such a firearm—is punishable by up to 5 years in prison.

Possessing or transferring a machine gun is punishable by up to 10 years in prison.

Making or possessing a machine gun, sawed-off shotgun or rifle, silencer, or destructive device without registration through the Bureau of Alcohol, Tobacco, Firearms and Explosives can result in a 10-year prison term.

(This information is intended only to highlight key aspects of federal law with respect to firearms purchase, possession, and use, particularly as they relate to Project Safe Neighborhoods, which is a national initiative to vigorously enforce gun laws. This information is not a complete statement of the law nor should it be relied on as such. Other terms, conditions, and exceptions not spelled out here may be applicable.)