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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20392
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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I have a question. Under the federal law on prohibited

Customer Question

I have a question. Under the federal law on prohibited weapon on military base. What is the punishment after admitting to having the weapon but never used it and it was in the vehicle for about 4 years. Now, I just got here from Florida and I just started a job up here since May 2015.
Submitted: 2 years ago.
Category: Military Law
Expert:  Marsha411JD replied 2 years ago.

Hello,

Thank you for the information and your question. I assume that you are going to Federal Court and that you were charged with violating the statute at the link that follows: https://www.law.cornell.edu/uscode/text/18/930

If one or both assumptions are wrong, please provide the complete information about what court you will be attending and the specific statute you were charged with violating. If my assumption is correct, then the potential punishment could be a fine and jail up to one year. That would make this a misdemeanor conviction if found guilty. I would highly recommend that you hire an attorney to represent you in this case. They may be able to negotiate a dismissal or at least a deferred conviction, where if you stay out of trouble there is no conviction.

Please feel free to ask follow up questions if you have them. I have to step away from my office for a bit, but I will respond as soon as I return.

Expert:  Marsha411JD replied 2 years ago.

PLEASE ONLY REPLY IN THIS THREAD. YOUR FOLLOW UP OPENED A BRAND NEW QUESTION AND I CANNOT RESPOND WHEN QUESTION ARE SPREAD BETWEEN DIFFERENT THREADS.

This was your follow up: If this your first offense. it was not intentional, it was random vehicle check. I did not resist, was very helpful and told them before they started searching my car.

Do you have a question that goes with these facts?

Customer: replied 2 years ago.
The question is, since this is the first offense. What could possibility the punishment will be?
Expert:  Marsha411JD replied 2 years ago.

The punishment I provided is for a first time offense. However, if you do not have a record, the court will likely either do the deferment that I spoke of or, at worst, fine you and find you guilty of the charge as charged. But again, you really need an attorney as this is a criminal conviction unless you get a deferral/dismissal.