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  1. #1
    Join Date
    Jan 2011
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    1

    Default Federal Penalties for State Law Conviction of Brandishing

    My question involves criminal law for the state of: California

    I was told there is a Federal penalty if one is convicted of brandishing under state law, that possession of firearms is prohibited for ten years by the Federal law..

    I'm looking for confirmation of that and a pointer to where I could look up the law in question.

  2. #2
    Join Date
    Aug 2007
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    3,835

    Default Re: Federal Penalties for State Law Conviction of Brandishing

    Unless you are charged with a federal crime, there is no possible federal penalty.

    Whatever STATE law codifies, is it.

  3. #3
    Join Date
    Sep 2010
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    19,901

    Default Re: Federal Penalties for State Law Conviction of Brandishing

    Well that's not quite true. The feds will put restriction on firearms based on state convictions. However, simply "brandishing" doesn't seem to be something that triggers a federal restriction unless it's a DV situation.

  4. #4
    Join Date
    Aug 2007
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    3,835

    Default Re: Federal Penalties for State Law Conviction of Brandishing

    Quote Quoting flyingron
    View Post
    Well that's not quite true. The feds will put restriction on firearms based on state convictions. However, simply "brandishing" doesn't seem to be something that triggers a federal restriction unless it's a DV situation.
    I read that wrong, but if you could cite your source, that would be great.

    I took it at first to mean the feds could also sentence you for a state crime.

    I do know there are federal laws of this general nature now as the poster indicates.

  5. #5
    Join Date
    Mar 2009
    Location
    Key West, FL
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    2,350

    Default Re: Federal Penalties for State Law Conviction of Brandishing

    I am confused by the 10 year limit he refers to. If the original poster is a felon in possession of a firearm, there is no ten year limit. The firearm ban is lifetime. The feds can prosecute.

    There are many firearm offenses that are usually prosecuted by the state but that can also be prosecuted by the federal government. It is not double jeopardy, as the elements of the offenses will be slighly different.

    For instance, a federal element might be that the gun or the ammunition was transported in interstate commerce. So if the gov is out to get you, yes you can be charged and convicted of two different crimes for one incident.

    For example, one would not think that arson is a federal crime generally. But it can be. In one case a person in Chicago torched an empty apartment building he owned using natural gas. The state jury found him not guilty and then the feds tried him and convicted him. The federal jurisdiction was not based on the gas itself, but that the chemical that makes the gas smell was transported in interstate commerce. I know because I wrote the Petition for Cert to the US Supreme Count.

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