Penalty for violating USC 18USC-922(a)(3)?

[kludge]

Been looking can't find it. I searched Section 924 also.

18 U.S.C. § 922 : US Code - Section 922: Unlawful acts

(a) It shall be unlawful -
(3) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to transport
into or receive in the State where he resides (or if the person
is a corporation or other business entity, the State where it
maintains a place of business) any firearm purchased or otherwise
obtained by such person outside that State, except that this
paragraph (A) shall not preclude any person who lawfully acquires
a firearm by bequest or intestate succession in a State other
than his State of residence from transporting the firearm into or
receiving it in that State, if it is lawful for such person to
purchase or possess such firearm in that State, (B) shall not
apply to the transportation or receipt of a firearm obtained in
conformity with subsection (b)(3) of this section, and (C) shall
not apply to the transportation of any firearm acquired in any
State prior to the effective date of this chapter;

This is all I found in 924...

(C) any offense described in section 922(a)(1), 922(a)(3),
922(a)(5), or 922(b)(3) of this title, where the firearm or
ammunition intended to be used in any such offense is involved in
a pattern of activities which includes a violation of any offense
described in section 922(a)(1), 922(a)(3), 922(a)(5), or
922(b)(3) of this title;

 

[daddymikey1975]

So, what happened? What penalty?

 

[Kirk Freeman]

Anywhere from a level 26 (can be more depending on the number of firearms, irrc up to 10 levels if 200 or more guns) to a level 6.

Depends if it is a semiauto able to accept a mag, prohibited person, NFA, stolen, inter alia.

 

[Kirk Freeman]

Wait, are you asking for the sentencing range?

Sorry, it depends on what firearms (or suppressors) are involved. Could be a year, 3, 5, 7, 10, 25, or 30 years.

 

[Rob377]

Been looking can't find it. I searched Section 924 also.





This is all I found in 924...

IF we're just talking a 922(a)(3) violation that isn't "in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States" (18 USC 924(c)(1)(A)), it's covered by the catch-all provision in 18 USC 924(a)(1)(D) - "willfully violates any other provision of this chapter,
shall be fined under this title, imprisoned not more than five years, or both."

That's taking the premise as JUST a violation of 18 USC 922(a)(3) and nothing else.

 

[Kirk Freeman]

Robb's right, but kludge can you give us a hypothetical fact pattern?

 

[NYFelon]

Wait, are you asking for the sentencing range?

Sorry, it depends on what firearms (or suppressors) are involved. Could be a year, 3, 5, 7, 10, 25, or 30 years.

Holy smokes.

 

[jbombelli]

Holy smokes.

Daddy Gov doesn't like when you disregard his directives.

 

[kludge]

For a scenario I guess I'm asking about an across-the-state-lines purchase/sale or FTF purchase/sale.

Yes, I'm talking about JUST an (a)(3) or (a)(5) violation. I was looking for the text that showed the penalty for that alone without any other extenuating circumstances, and in my searching I came up with bupkis.

But Rob answered the question and also the reason I didn't find it by searching.

Neither I nor anyone I know is in violation, it was just a water cooler discussion, and I realized that I didn't know the classification of the offense or the penalty that could be imposed... merely trying to educate myself.

 

[NYFelon]

Daddy Gov doesn't like when you disregard his directives.

Quite obviously.

 

[Mosinowner]

Quite obviously.

Penalties for Felony Possession of Marijuana

Prison sentence of one year and a day to ten years
Maximum fine of up to $5,000



For possession of a plant. Also Ironically there is no law against being stoned. Just possession.
Penalties are way to sever in this country

 

[ThrottleJockey]

Penalties for Felony Possession of Marijuana

Prison sentence of one year and a day to ten years
Maximum fine of up to $5,000



For possession of a plant. Also Ironically there is no law against being stoned. Just possession.
Penalties are way to sever in this country

Okay, explain how you got stoned without possessing it. Then consider that once it is smoked/ingested, it is in your blood thus rendering you still in possession.
Now back to what I was originally going to post.

18 U.S.C. § 922 : US Code - Section 922: Unlawful acts

(a) It shall be unlawful -
(3) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to transport
into or receive in the State where he resides (or if the person
is a corporation or other business entity, the State where it
maintains a place of business) any firearm purchased or otherwise
obtained by such person outside that State, except that this
paragraph (A) shall not preclude any person who lawfully acquires
a firearm by bequest or intestate succession in a State other
than his State of residence from transporting the firearm into or
receiving it in that State, if it is lawful for such person to
purchase or possess such firearm in that State, (B) shall not
apply to the transportation or receipt of a firearm obtained in
conformity with subsection (b)(3) of this section, and (C) shall
not apply to the transportation of any firearm acquired in any
State prior to the effective date of this chapter;

Is the red word a typo or a legal term I'm unfamiliar with?

 

[NYFelon]

In NY there is technically no crime regarding possession of marijuana in quantities less than 7/8 of an ounce. Anything under that is a "violation" ticket like not wearing your seatbelt.

I know your example is federal, I'm just saying that pot's not really seen as a huge issue in certain places.

 

[NYFelon]

Is the red word a typo or a legal term I'm unfamiliar with?

Intestate refers to affairs of post life legality -- wills and probates -- I'm fairly sure.

 

[Kirk Freeman]

Is the red word a typo or a legal term I'm unfamiliar with?

Intestate: the state of dying while taking the LSAT.

No, wait, it is dying with stuff without a will.


Intestacy - Wikipedia, the free encyclopedia

 

[ThrottleJockey]

Intestate: the state of dying while taking the LSAT.

No, wait, it is dying with stuff without a will.


Intestacy - Wikipedia, the free encyclopedia

Thank you Kirk. I guess since everything now belongs to the gubermint, this applies to no one?

 

[Mosinguy]

Penalties for Felony Possession of Marijuana

Prison sentence of one year and a day to ten years
Maximum fine of up to $5,000



For possession of a plant. Also Ironically there is no law against being stoned. Just possession.
Penalties are way to sever in this country

Just saw your other thread...now don't get caught up in the wacky tobaccy! Especially in Texas. I hear they're the worst when it comes to that stuff.

 

[Hammerhead]

Okay, explain how you got stoned without possessing it. Then consider that once it is smoked/ingested, it is in your blood thus rendering you still in possession.
Now back to what I was originally going to post.

Is the red word a typo or a legal term I'm unfamiliar with?

As a yute (Did you just say yute?) I attended a Lions Club/ISP Law Camp at Taylor University. They brought in some weed that they "chemically removed the THC" so we wouldn't get high when they lit it up so we could smell the smell of burning dope. They had it on a plate of some sort and lit it up like kindling and let it burn like incense.

One of the officers made a point during this demonstration that "smoking weed isn't illegal, but possessing it is." He was then asked by one of the other campers how in the heck was someone supposed to smoke weed without possessing it. The trooper explained that if you smoked it, but then met with a LEO, they couldn't bust you for having smoked, assuming you smoked it all with no remains, there's no possession, however in public you could be hit with public intox or driving would be DUI/OWI.

The lesson I learned? If you're going to smoke dope, do so in your house and smoke all of it at once or get rid of the remains, and don't go into public until you're not high anymore.

I have never smoked dope (yes, like all teens I had ample opportunities presented to do so, but have never partaken) so I've never followed up with that lesson, but still I can't be the only one there to piece that together.

 

[ThrottleJockey]

As a yute (Did you just say yute?) I attended a Lions Club/ISP Law Camp at Taylor University. They brought in some weed that they "chemically removed the THC" so we wouldn't get high when they lit it up so we could smell the smell of burning dope. They had it on a plate of some sort and lit it up like kindling and let it burn like incense.

One of the officers made a point during this demonstration that "smoking weed isn't illegal, but possessing it is." He was then asked by one of the other campers how in the heck was someone supposed to smoke weed without possessing it. The trooper explained that if you smoked it, but then met with a LEO, they couldn't bust you for having smoked, assuming you smoked it all with no remains, there's no possession, however in public you could be hit with public intox or driving would be DUI/OWI.

The lesson I learned? If you're going to smoke dope, do so in your house and smoke all of it at once or get rid of the remains, and don't go into public until you're not high anymore.

I have never smoked dope (yes, like all teens I had ample opportunities presented to do so, but have never partaken) so I've never followed up with that lesson, but still I can't be the only one there to piece that together.

Yet somehow when someone on probation or parole is tested and dirty, they are charged with possession because the illegal substance is contained within their body. Now mind you I have no personal experience with illegal activities, so this is anecdotal but I've heard it from a lot of different places. Perhaps overzealous prosecuting attorneys pushing unpaid public pretenders around to get plea deals instead of fighting and winning?

 

[Hammerhead]

I think only because most probationers/parolees have orders from the courts to stay away from drugs, alcohol, and crime.

Not sure about the possession because it's in your system, but being required to refrain can land you a violation of your conditional release orders if you don't.

Sorry for the threadjack.