On June 25, 2022 President Biden signed S.2938, the Bipartisan Safer Communities Act (BSCA), into law. This law deals with firearm offenses: creating new firearms criminal offenses and significantly expanding existing penalties for federal firearms offenses. A summary of some of the changes follow:
The Act Raises the statutory maximum for 18 U.S.C. § 922(d) & (g) (felon in possession of a firearm) offenses from 10 to 15 years. See § 12001 (BSCA at 10-11), § 12004(d) (BCSA at 17).
- Expands the definition of “misdemeanor crime of domestic violence” to include domestic violence against dating partners (defined in new 18 U.S.C. § 921(33)(C). See § 12005 (BCSA at 20).
- Creates new firearms crimes, 18 U.S.C. §§ 932 (Straw purchasing of firearms) & 933 (Trafficking of firearms), punishable by 15-25 years. See § 12004(a)(1) (BCSA at 14-16).
- Both of these new offenses are extremely broad. For example, Section 933, creates a new offense that covers not only trafficking but also transport and receipt of firearms.
- New sections added which include: § 932 & § 933 (1) as permissible bases for a Title III wiretap; (2) to the types of conduct that constitute “racketeering activity” under 18 U.S.C. § 1961(1)(B), and (3) to the list of predicate offenses for money laundering at 18 U.S.C. § 1956(c)(7)(D). See § 12004(a)(2) (BCSA at 16).
- Expands the conduct, mental state, and penalties for §§ 924(h) & (k). (§ 12004(e) & (f)) (BCSA at 17-18).
- Under the new § 924(h), it is illegal to knowingly receive or transfer a firearm or ammunition, or to attempt or conspire to do so, if you know or have reasonable cause to believe that the firearm will be used to commit a long list of offenses, including a “felony” (defined by the new § 932(a) to mean “any offense under Federal or State law punishable by a term exceeding 1 year”).
- Under the new § 924(k), it is illegal to smuggle or knowingly bring a firearm or ammunition in or out of the United States, or to attempt or conspire to do so, with the intent to “engage in or promote conduct” that includes a long list of offenses, including a “felony” (defined by the new § 932(a) to mean “any offense under Federal or State law punishable by a term exceeding 1 year”).
- Maximum penalty under both subsections raised from 10 to 15 years.
- Directs the sentencing commission to promulgate guidelines for the new offenses, in order to ensure increased penalties in comparison to those currently provided. § 12004(a)(5) (BCSA at 16).
We will do anything to guide you through the legal process and win your case. LGR Law has over twenty years of experience in defense laws. Let an experienced criminal defense attorney defend your rights in federal court. Ms. Gauli-Rufo provides quality representation based on each of her client’s individual needs and circumstances. No two cases are the same, and the representation of each client should be tailored to the facts and circumstances of their particular case. Lorraine Gauli-Rufo has invaluable experience not only with white-collar crimes but as a gun and drug crime lawyer in New Jersey and NYC, as well as other surrounding cities. She has vast experience, having successfully tried cases involving money laundering, mail fraud, wire fraud, bank fraud, mortgage fraud, securities fraud, firearms, immigration, child pornography, computer, internet, environmental matters, and many other federal offenses. LGR Law, LLC is the person you should seek to defend you in any federal criminal matter
To discuss the federal criminal defense update or criminal law more generally, reach out to New Jersey and New York criminal defense lawyer Lorraine Gauli-Rufo at 973-239-4300 or LGR LAW for a consultation today. For more information about the firm, please visit LGR LAW’s website.