Case Number: 24-CR-71

Judge: Clifton L. Corker

Court: United States District Court for the Eastern District of Tennessee (Greene County)

Plaintiff's Attorney: United States District Attorney's Office in Greenville

Defendant's Attorney: Bryce McKenzie

Description: Greenville, Tennessee criminal defense lawyer represented the Defendant charged with unlawful transportation of firearms.

Unlawful transportation of firearms, as defined by 18 U.S.C. § 922, generally prohibits certain individuals from shipping, transporting, possessing, or receiving firearms or ammunition. This includes those convicted of felonies, fugitives, unlawful drug users, those with mental health adjudications, illegal aliens, those dishonorably discharged from the military, and those who have renounced their citizenship. Specific prohibitions include transporting stolen firearms, knowingly delivering firearms to unlicensed individuals via common carriers without notice, and altering or removing serial numbers.
Key Provisions of 18 U.S.C. § 922 related to unlawful transportation:

Section 922(g):
This section outlines categories of individuals prohibited from shipping, transporting, receiving, or possessing firearms or ammunition.

Section 922(e):
This section addresses the transportation of firearms and ammunition by common or contract carriers, requiring written notice to the carrier when shipping firearms.
Section 922(i):
This section makes it unlawful to transport or ship stolen firearms or ammunition in interstate or foreign commerce, with knowledge or reasonable belief of the theft.
Section 922(j):
This section addresses the receipt, possession, concealment, storage, etc. of stolen firearms or ammunition that are part of interstate or foreign commerce.
Section 922(n):
This section prohibits certain individuals, including those under indictment for felonies, from shipping, transporting, or receiving firearms.
Section 922(d):
This section prohibits the transfer of firearms to individuals who cannot lawfully possess them.

Examples of Unlawful Transportation:

A convicted felon transporting a handgun across state lines.

Shipping a firearm via a common carrier without providing written notice to the carrier.
Transporting a firearm with the serial number removed or altered.
Knowingly transporting a firearm that has been stolen.

Penalties for Violations:

Fines and imprisonment (up to 10 years, or potentially 15 years without parole for those with prior felony convictions, depending on the specific offense and prior record).

Federal civil penalties for violations related to transporting firearms on commercial airlines, including the TSA (Transportation Security Administration).

Important Considerations:

Interstate Transportation:
The laws primarily focus on the transportation of firearms across state lines (interstate commerce).

State Laws:
State laws may have additional restrictions on firearm transportation, so it is important to be aware of the laws in both the origin and destination locations.
"Loaded" Definition:
The TSA defines a firearm as loaded if both the firearm and ammunition are accessible to the passenger.
"Secured" Storage:
When transporting firearms, they should be unloaded and secured in a case or container, and potentially locked, depending on the location and mode of transportation.
"Reasonable Cause to Believe":
Many of the laws involve the concept of "knowingly" or having "reasonable cause to believe" something, which can be a subjective element in determining guilt or innocence.

Outcome: The Defendant was sentenced to 60 months imprisonment, 3 years supervised release, $100 S/A

Plaintiff's Experts:

Defendant's Experts:

Comments: