United States of America v. Dustin Allen Wayne Plants

Wheeling, West Virginia, criminal defense lawyer represented the Defendant charged with unlawful transportation of firearms.

Unlawful firearm transport involves violating federal/state laws, like carrying loaded firearms where prohibited (e.g., Oklahoma), transporting across state lines without following rules (e.g., GCA 922), or prohibited persons (felons, fugitives) possessing firearms. Key elements include keeping firearms unloaded and in locked cases, knowing state-specific rules, and avoiding transport while under felony indictment, with penalties ranging from traffic citations to jail time.

Federal Prohibitions (18 U.S.C. § 922)

Prohibited Persons: Felons, fugitives, unlawful drug users, those adjudicated mentally defective, or illegal aliens cannot transport firearms.

Interstate Commerce: Generally, individuals (not licensed dealers) can't transport firearms across state lines without adhering to specific rules, like for lawful acquisitions.

Under Indictment: Transporting a firearm while under indictment for a felony is illegal.

State-Specific Examples (Oklahoma Focus)

Loaded Firearms: Generally illegal on public highways; must be unloaded and in a locked case/trunk.

Traffic Stops: Must identify possession of a firearm if stopped and asked by law enforcement.

Penalties: Can include fines, jail time (e.g., 10 days to 6 months), or a traffic citation.

Best Practices for Safe Transport

Unloaded: Firearm should be completely unloaded.

Locked Case: Stored in a locked container, out of reach (trunk or exterior locked compartment).

Ammunition Separate: Keep ammo separate from the firearm.

Know the Law: Check federal, state, and local laws for your destination.

Consequences

Traffic Citations: For minor violations.

Misdemeanor/Felony Charges: Depending on the severity (e.g., intent to commit a crime).


Firearm laws are complex and vary significantly; unlawful transport often means violating state rules (like keeping guns unloaded in a case) or federal prohibitions (like prohibited persons), so always verify regulations for your specific situation.

Defendant to be incarcerated for a term of 15 months to run consecutively with the undischarged term of imprisonment of the defendant relative to his Marshall County, West Virginia Circuit Court cases, Docket Nos. 13-F-125 and 14-F-2; Supervised Release: 3 years; Special Assessment: $100.00; Fine N/A; Restitution N/A; Forfeiture: Firearm and ammunition.