Articles Posted in Firearms

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Last week, a client of the Law Office of Matthew Galluzzo PLLC was very pleased to receive a very lenient sentence in a federal case involving charges of 18 U.S.C. Section 922(g). Our client – a 49-year-old man with several prior (but old) felony convictions – was arrested after shooting another person in the leg following a dispute on a Brooklyn sidewalk. The federal government charged him violating 18 U.S.C. Section 922(g) for possessing ammunition and having previously been convicted of a felony. The charge carries a maximum penalty of ten years in prison.

The entire incident was captured on surveillance tape from nearby buildings, and a witness identified our client as the shooter. Initially, the prosecutors sought a sentence near the maximum, between 8 and 10 years in prison. After a lengthy period of negotiation, the client’s attorney, Matthew Galluzzo, secured a plea agreement for the client with a sentencing range of between 33-41 months under the Federal Sentencing Guidelines. However, following the client’s guilty plea, it was up to the federal judge to decide his ultimate sentence (the Sentencing Guidelines are advisory but not mandatory).

Prior to the sentencing hearing, Mr. Galluzzo submitted a lengthy memorandum detailing the client’s difficult upbring, his long period of productive employment, his supportive family network, his remorse for the crime, and the terrible conditions the client had endured at MDC Brooklyn during the pendency of the case. The federal judge (Judge Donnelly) was thus persuaded to give our client a downward variance far below the sentencing Guidelines, in sentencing him to 24 months in prison. Given the time that he has already spent in custody, that amounts to a sentence only slightly longer than time served. The client was thrilled was this result and with the prospect of returning home to his wife and son soon.

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On June 28, the U.S. Attorney for the District of Connecticut announced an indictment charging sixteen individuals with a variety of federal crimes relating to the distribution of narcotics and the possession of firearms. The charges are extremely serious and carry lengthy potential jail sentences.

The indictment charges the following individuals:

LUIS FELICIANO, a.k.a. “Louminaty,” 38, of East Hartford

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Recently, Matthew Galluzzo, an experienced federal criminal defense attorney and criminal appellate lawyer, was appointed by a federal court to represent an individual previously sentenced to 48 years in prison in connection with two armed robberies in the 1990s. The client, Leonard Johnson, had been so harshly penalized in part because of the now outdated laws relating to the “stacking” of federal firearm sentences pursuant to 18 U.S.C. Section 924(c). Mr. Johnson filed a pro se motion for reconsideration under 18 U.S.C. Section 3582(c), and Mr. Galluzzo was appointed to supplement that appeal and improve upon it with his legal expertise.

Previously, judges were required to impose 25-year consecutive sentences on convictions for 924(c) firearm charges when the defendants had previous convictions for 924(c). However, the problem with this law is that a person who committed two violations of 924(c) would be sentenced to a 25-year mandatory minimum consecutive sentence, even if they committed that second 924(c) violation before being convicted of the first 924(c). That is precisely what happened to Mr. Johnson: he was arrested in North Carolina for a bank robbery with a firearm, and then charged shortly thereafter with another robbery with a firearm in New York. Even though he had not yet been convicted of a 924(c) charge when he committed the robbery in New York, he got the mandatory minimum consecutive 25-year sentence because the other 924(c) crime happened in North Carolina (and he was convicted in that case) before being sentenced in New York.

Congress clarified this issue recently such that in order for the mandatory consecutive 25-year sentence to apply, the first conviction for 924(c) had to have been final before the commission of the second 924(c) crime. Judges then generally have discretion to modify sentences imposed under the old scheme. United States v. Ballard, 2021 WL 3285009, at *4-*5 (S.D.N.Y. Aug. 2, 2021); 18 U.S.C. Section 3582. Mr. Galluzzo and Mr. Johnson argued that Mr. Johnson had undergone significant rehabilitation, that he suffered from a variety of health ailments, and that the requested sentence modification still constituted sufficient punishment for his offenses, in which no one was injured.

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One common federal criminal charge applies to the possession of firearms by felons. 18 U.S.C. 922g includes a variety of situations involving illegal firearm possession, but subsection 1 of that provision states:

      (g) It shall be unlawful for any person – 

        (1) who has been convicted in any court of, a crime punishable

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A charge of 18 USC Section 924(c) for using or possessing a firearm in the course of drug trafficking or some other violent crime is a common criminal charge in federal court. The charge also carries very significant potential penalties that must run consecutive any other sentences imposed for other related crimes. Thus, if you or a loved one have been arrested or indicted for this crime, you should seriously consider retaining an aggressive and experienced federal criminal defense attorney like Matthew Galluzzo.

The statute reads as follows (18 U.S.C. § 924(c)(1)):

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One of the most common criminal charges in the federal system is a violation of 18 USC 922(g). This chapter makes it illegal for certain persons to possess firearms. Notably, this charge in this subsection does not depend upon the type of firearm possessed, though that factor can affect the potential penalties for the offender.

The statute states the following:

(g) It shall be unlawful for any person-
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
(5) who, being an alien-
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
(6) who has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) who is subject to a court order that-
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)
(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) who has been convicted in any court of a misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

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Federal law makes it a serious crime for certain prohibited persons to possess or sell firearms. Under federal law, one can also expect to receive a very serious sentence for possessing certain types of illegal firearms or using a firearm in furtherance of some other crime, such as robbery or drug trafficking. Below is a brief summary of some of the relevant statutes.

I. POSSESSION OF A FIREARM OR AMMUNITION BY A PROHIBITED PERSON

18 USC § 922(g) & (n). Punishable by up to 10 years imprisonment. May receive minimum sentence of 15 years without parole if offender has three or more prior convictions for a felony crime of violence (e.g. burglary, robbery, assault, possession of offensive weapons) and/or drug trafficking felony.

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Imagine the following scenario: You get into the back seat of a car with three of your friends – Alex is driving, Brian is in the front passenger seat, Chris is in the back seat behind the driver, and you're sitting next to Chris behind Brian. The four of you drive off and Alex takes a left turn without signaling. Unfortunately, an unmarked (undercover) police vehicle is parked on the opposite corner and observes the traffic infraction. The police car activates its front grill lights and begins to follow the vehicle, ordering it to pull over. Brian pulls a silver semi-automatic handgun from his waistband, turns around and tosses it at your feet, urging you to kick it under his seat and out of view. You're shocked – you no idea there was a gun in the car…in a panic, you kick the gun forward and out of sight.

The plain clothes police officers approach the car and ask everyone to step out. One of the officers flashes a light into the interior of the car and sees the reflection of a silver object under the front passenger seat. Without asking a question, he reaches under the seat and retrieves a silver handgun, which he determines to be loaded

Question: How do the police officers determine who to arrest? The answer is easy – they arrest everyone. Alex, Brian, Chris, and you are all jointly charged with Criminal Possession of a Weapon in the Second Degree in violation of Penal Law 265.03(1)(b), which is a class "C" felony, and which carries a maximum of 15 years in jail.

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Have you been arrested for bringing a gun to a New York City Airport?

There is an age-old principle of law which says that ignorance of the law is no excuse for breaking it (ignorantia juris non exusat); if it were, one could claim a defense to every crime on the grounds that he/she was unaware such conduct was illegal. While the general policy implications of the doctrine are obvious, there is one particular area of the law where this doctrine seems to have an extremely harsh impact on individuals and their families, and that is in cases where people with out-of-state permits to possess firearms pass through either one of New York City's two major airports with properly-secured guns, completely unaware that they are committing what is classified as a "violent felony" here. What's worse is that their conduct is perfectly legal in their home states and they have no idea that New York does not recognize their out of state gun permits. The result is that travelers literally hand over their weapons to the authorities thinking that what they are doing is perfectly legal and proper, only to find out that the are being arrested and charged with a serious crime.

Many people enter New York City with guns which are legal to possess in their home states. In fact, many of these people have properly obtained permits to possess their guns back home and are simply unaware that those permits do not bestow the right to possess those guns here in New York City. All too often, unsuspecting travelers will walk into either La Guardia or JFK International airport with their firearms under the mistaken belief that the permit or license they properly obtained in their home state is applicable here. The traveler has no idea that he or she is violating New York law by possessing the firearm until he/she is arrested after properly securing the firearm in the appropriate travel case and declaring it at the airport. In other situations, the passenger secures and checks the gun in their home state where they are duly licensed, in compliance with Federal Law and airline regulations, and no one in the departing state stops them from travelling to New York City! It isn't until that person arrives in New York and finds themselves in handcuffs and shipped off to central booking then criminal court, where it can take 24 hours in custody before they get to see a Judge and hopefully the light of day if they are released. The result is both shocking and terrifying to the person who never saw any of this coming…

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The arrest of a friend or loved one often happens unexpectedly. The majority of New Yorkers do not have any experience with the criminal justice system and are often thrust into a position of having to deal with the possibility of bail being set. This post will explain a few factors that go into a judge’s decision as to whether to set bail, explain what steps should be taken immediately before the arrested person sees the judge, and finally, if bail is set, will explain the basic process.

First of all, the question may arise, “What is bail?” Bail is simply a condition set forth by the Court that the defendant must first comply with before he can be released from the custody of the New York City Department of Corrections. In most cases, that would be an amount of money designated by the judge in either cash or bond. The difference between these two methods of bail will be explained later.

It should be noted that in the case of many first-time offenders, no bail will be set at all. This is because the purpose of bail is to ensure that the defendant returns to court to answer for the charges. Contrary to popular belief, bail is not supposed to be “preventative detention,” or a way to prevent people from committing future crimes. Thus, if a defendant is an otherwise law-abiding citizen, and the charge is not serious enough to warrant bail, a judge may simply release him or her on their own recognizance. This is sometimes called “ROR.” In other cases, however, a judge may determine that a certain amount of bail is appropriate even for a first time offender. The criteria that the judge will consider is set forth in the Criminal Procedure Law:

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