Unlawful Sale of a Firearm

Dedicated Birmingham Gun Crimes Lawyer Defending Clients Charged with the Illegal Sale of Firearms

Under Alabama law, the sale of handguns is strictly regulated. Not only is it illegal for certain people to buy certain firearms, but those who sell a handgun to an ineligible person can also face criminal charges under Alabama’s unlawful sale of a firearm statute.

If the government is claiming that you illegally sold a firearm, contact the Stoves Law Firm, P.C., for immediate assistance. Attorney Jason Stoves is a respected Birmingham gun crimes lawyer who has specific experience handling all types of weapons offenses, including straw purchases and other illegal sales. We offer free consultations to all prospective clients, so there is no risk in calling to learn more about your potential defenses.

Illegal Sale of Firearms in Alabama

Under Alabama Code § 13A-11-76, it is against the law to sell or give away a firearm to certain people, including a minor or anyone who has been convicted of a violent crime or a domestic violence offense. Additionally, it is unlawful to transfer ownership of a firearm to a “drug addict” or a “habitual drunkard.”

Under Ala. Code. § 12-25-32(15), violent crimes include assaults, robberies, burglaries, sex crimes, homicides, as well as convictions involving elder abuse or child abuse, among other offenses.

If you’re charged with the unlawful sale of a firearm in Birmingham, you’ll face a Class A misdemeanor, punishable by up to a year in jail and a fine of up to $6,000.

Providing False Information to a Firearm Dealer

It is also a violation of Alabama’s gun laws for anyone to provide false information to a firearm dealer. This involves both information about your history (for example, not disclosing a prior conviction) as well as false information about your identity (for example, attempting to purchase a firearm under someone else’s name).

Providing false information in an application to purchase a firearm is a Class C felony, which is punishable by a prison term of at least 366 days and up to ten years, as well as a fine of as much as $15,000.

Federal Law May Provide Even Harsher Penalties

While Alabama law criminalizes the illegal sale and purchase of firearms, the state’s gun laws are generally considered to be favorable to gun owners. However, federal law is a different story. The illegal sale or purchase of firearms is also illegal under federal law, which provides for even harsher penalties. For example, the sale of a firearm to a minor carries up to five years in prison, while the sale of a firearm to someone with a previous felony conviction carries up to 15 years in federal prison.

Federal law provides for a sentence of up to 15 years for anyone who engages in a straw purchase, which is where someone who is eligible to purchase a firearm does so with the intent to transfer ownership of the weapon to someone who is ineligible due to a prior conviction.

In terms of providing false information to a firearm dealer, federal law takes an equally harsh stance, providing for a prison sentence of up to ten years, depending on the nature of the violation.

An experienced Birmingham gun crimes lawyer can help you understand what’s at stake in your case and how to develop a compelling defense to the charges you face.

Speak with a Knowledgeable Birmingham Criminal Defense Lawyer About Your Case Today

If you are currently facing state or federal gun charges, it is imperative that you enlist the help of an experienced attorney as soon as possible. At the Stoves Law Firm, P.C., our Birmingham gun crimes lawyer has more than 25 years of experience defending our clients’ names, futures, and freedoms. We take pride in creating compelling defenses designed to minimize the impact that your arrest will have on the rest of your life. To learn more, and to schedule a free consultation today, call the Stoves Law Firm, P.C. at (205) 823-7233, or you can connect with us through our secure online contact form.