Guide to Federal Firearms Charges in Washington State
Depending on your circumstances, gun crimes may be charged at the state or federal level. If your charges end up in federal court, you need a defense lawyer with experience handling federal cases.
Whether gun charges are tried in state or federal court largely depends on each defendant’s unique circumstances and the discretion of state and federal prosecutors. Some charges could be tried in federal court, but federal authorities are not interested, so state prosecutors handle the case. Other times, federal prosecutors might be eager to handle the case, so the charges are filed in federal court. Whatever happens, get a lawyer as soon as possible.
Contact our Washington State gun crime defense lawyers for a private case review by calling the Law Offices of Smith & White at (253) 203-1645.
When Are Firearm Offenses in Washington State Classified as Federal Crimes?
Washington State has numerous state statutes about gun crimes. However, certain offenses may automatically be charged as a federal crime, and you might end up in federal court.
Crossing State Lines
Once a crime crosses state lines, it becomes a federal issue. This is crucial in cases involving gun crimes. If a crime involving a firearm involves the defendant traveling between states, they may face federal criminal charges.
When a crime occurs in multiple states, it must be charged at the federal level because of diversity jurisdiction. This kind of jurisdiction arises when multiple states may have jurisdiction. Rather than try the case in each state, the federal government takes over.
Providing False Information to Obtain a Firearm
Certain crimes are federal by definition, even if they technically do not leave the state where the defendant lives. One such crime is knowingly providing false information to obtain a firearm.
When buying a gun, purchasers must pass a background check, among other requirements. If a person provides false information about themselves (e.g., a false name), they may be charged with a federal crime.
Illegal Firearm Alterations or Distortions
Once a person obtains a firearm, it is a federal crime to alter the weapon to make it harder to trace or track. A common example of such a crime is filing off serial numbers. You may be charged with a federal crime whether or not you purchased the gun legally. Even if you have a valid gun license and lawfully bought the firearm through a licensed dealer, it is a federal crime to deface it.
Possession by Person Prohibited
Charges for illegal possession of a firearm by someone legally prohibited are commonly charged under state law, but they often overlap with federal law. As such, those charged may face federal prosecution.
Common examples of persons prohibited include, but are not limited to, convicted felons, people present in the United States illegally, and people convicted of domestic violence crimes.
If charged, you are arguably more likely to face state prosecution than federal. However, depending on the circumstances, state authorities may communicate with federal authorities about the case, and you could be charged and tried in federal court.
How Are Gun Charges Transferred from State to Federal Court?
Gun charges may be initially filed in state court, only to later move to federal court. While such a transfer is mostly a procedural issue, you should have a lawyer by your side every step of the way.
Dropping State Charges
State and federal authorities can charge a person for the same crime. When a case goes to federal court, state charges are usually dropped, but they do not have to be, and you may face dual prosecution.
If the authorities prefer to prosecute someone only federally, state charges might be completely dropped. Typically, state and federal authorities will coordinate their efforts to have the state charges dropped, and federal prosecutors will then file charges in federal court. In the end, the case is not exactly transferred to federal court. Instead, the state court trial is effectively terminated, and a new case in federal court begins.
Filing Federal Charges
Only federal prosecutors may file these charges. State prosecutors are not permitted to bring charges in federal court.
This is why state and federal authorities usually must work together to some extent to move state gun charges to federal court. Often, state prosecutors will not even consider dropping the charges unless federal prosecutors reach out to them about the case. Even then, state prosecutors are not required to drop the charges and may choose to continue with the case.
Communication Between Authorities
Often, special task forces will identify cases that may be tried in federal court. For example, the ATF Task Force involves agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives working with Washington State authorities to combat violent crimes often involving weapons.
It is also possible that state prosecutors will reach out to the U.S. Attorney’s Office about a potentially federal gun case. Sometimes, the attorneys may agree to transfer the case. Other times, federal prosecutors may send formal written requests to have the case moved to federal court.
Exactly how these parties communicate may vary based on the circumstances
Can You Be Tried in Both State and Federal Court for Gun Crimes?
Legally speaking, it is possible to be tried for the same gun crime in both state and federal court.
Dual Prosecution
When a defendant is charged with a gun crime at the state and federal level, they may face dual prosecution. Even though the offense itself may constitute a single act, it may violate both state and federal laws. Technically, state prosecutors can try the case in state court while federal prosecutors file charges in federal court. Both cases may go to trial, and a defendant could be convicted in both courts.
What happens in one court does not affect the outcome in the other. If you are convicted in state court, you will not automatically be convicted in federal court. As such, you and your lawyers must have effective defense strategies for both.
No Double Jeopardy
You might know about the rule against double jeopardy. In short, this rule prevents the government from trying someone twice for the same crime. However, since federal and state governments are separate sovereigns, the rule of double jeopardy is not violated by dual prosecution.
How to Fight Gun Charges in Washington State
Whether you are in federal or state court or facing dual prosecution, a lawyer can help you determine the best defense strategies for your case.
Challenging Federal Jurisdiction
Federal charges tend to carry harsher penalties compared to state charges and often carry lengthier mandatory minimum sentences. For some defendants, a good strategy is to avoid federal prosecution in favor of state court.
Certain gun charges may become a federal matter if they are moved across state lines or the gun is involved in another federal crime. Even if you are convicted in state court, you might face lighter penalties than in federal court.
No Search Warrant
Another viable strategy is to challenge any evidence – especially evidence of the gun itself – if it was seized without a search warrant.
Law enforcement, whether state or federal, must have a search warrant to enter private property and search for evidence. However, certain circumstances may allow the police to seize evidence without a warrant. If law enforcement officials seized the gun or other evidence without a warrant, we must make them prove that a special exception existed to allow the warrantless search.
If the police cannot prove their warrantless search was legally valid, we may file a motion to have the evidence they seized excluded from the case so it may not be used against you.
Lack of Evidence
Prosecutors sometimes try to file charges with weak or otherwise insufficient evidence. If we believe that the state or federal prosecutor’s evidence is so lacking that they cannot possibly meet their burden of proof, we can file a motion with the court to dismiss the case for a lack of evidence.
Even if the motion is denied, you stand a much better chance of beating the charges in court if the evidence against you is weak.
No Possession or Shared Spaces
A common gun crime is illegal possession, such as by a person prohibited. However, the fact that a gun was found on your property (e.g., in your home or vehicle) does not automatically prove that you were in possession.
The authorities must also prove that you knew about the gun and had control over it. If the gun was found in a space you share with others (e.g., family, friends, roommates), there may be serious doubt about whether you knew about it, controlled it, or otherwise possessed the gun. Maybe the gun was locked in a secured safe, and you did not have the code or key to access it.
Mistakes of Fact
If you are charged with providing false information when purchasing a firearm, it may be a defense if the false information was due to a mistake of fact. For example, if you have recently changed your first, middle, or last name, you might have provided identification documents with your previous name by mistake when filling out paperwork. Alternatively, you may have been informed by a judge or members of court staff that your felony was expunged and you did not need to report it when applying for a firearm.
If we can prove that the false information was merely a mistake that you can correct, we may be able to avoid criminal charges.
Which Federal Courts May Try Gun Crimes in Washington State?
Your case may be filed in Federal District Court in the Western District of Washington or the Eastern District of Washington. Where your case ends up depends on the region of the state where the crime allegedly occurred.
Why Would the Authorities Pursue Dual Prosecution for Gun Charges?
Dual prosecution is unusual. Federal prosecutors generally try to avoid filing charges in federal court if a case is already filed in state court. However, federal prosecutors may pursue dual prosecution if the state court trial ends in a way that leaves significant federal interests unfulfilled or unaddressed. Exactly what these interests might be will depend on each case.
Can Federal Prosecutors File Charges if Your Case Was Already Tried in State Court?
Technically, yes. However, the Department of Justice has an internal policy known as the Petite Policy that generally prohibits federal prosecutors from filing charges when a defendant has already been prosecuted at the state level. Again, federal prosecutors may circumvent this rule if compelling federal interests exist.
Contact Our Washington State Gun Crime Defense Attorneys Right Away
Contact our Washington State gun crime defense lawyers for a private case review by calling the Law Offices of Smith & White at (253) 203-1645.