United States of America v. Avery Logan

Detroit, Michigan, criminal defense lawyer represented the Defendant charged with unlawful transportation of a firearm.



Unlawful transportation of a firearm under federal law includes, but is not limited to, transporting a stolen firearm, a firearm across state lines when the person is a "prohibited person" (such as a felon), or shipping a firearm without notifying the carrier. It is also illegal for a prohibited person to transport a firearm, even if it remains within their state of residence.



Specific types of unlawful transportation



Stolen firearms:



It is illegal to transport, ship, or receive a stolen firearm across state lines, knowing or having reasonable cause to believe it was stolen.



Prohibited persons:



Individuals who are legally prohibited from possessing firearms cannot transport them across state lines. This includes individuals who are convicted felons, those subject to certain domestic violence restraining orders, or those who have renounced U.S. citizenship.



Failing to notify a carrier:



A person cannot deliver a firearm or ammunition to a common or contract carrier for interstate or foreign shipment without providing written notice to the carrier that the item is being shipped.



Transportation of a firearm by someone under indictment:



A person under indictment for a felony cannot ship or transport a firearm or ammunition across state lines.



Transportation with the intent to commit a felony:



Transporting a firearm with the intent to commit a felony is a federal crime.



Important considerations



Interstate travel:



The Firearm Owners Protection Act (FOPA) protects the right of a law-abiding person to transport an unloaded firearm across state lines, as long as they could legally possess it in both the origin and destination states. However, the firearm must be unloaded and secured out of the passenger compartment, and ammunition must be stored separately, preferably in a locked container.



Local laws:



Federal law does not always supersede state and local laws. It is essential to know the specific laws of both the state you are leaving and the state you are entering, in addition to federal laws.

Air travel:

The TSA has specific rules for transporting firearms by air, including that they must be unloaded and packed in a locked, hard-sided container as checked baggage only.

The Defendant was found guilty.



NOTICE OF APPEAL by Avery Logan