26 U.S.C. § 5871
Penalties
Any person who violates or fails to comply with any provision of this chapter shall, upon conviction, be fined not more than $10,000, or be imprisoned not more than ten years, or both.
Notes of Decisions
Cited in 154
cases (18 in the last 5 years), 1970–2025 · leading case: United States v. Anthony Moore, 22 F.4th 1258 (11th Cir. 2022).
United States v. Anthony Moore, 22 F.4th 1258 (11th Cir. 2022). “See 26 U.S.C. § 5871 ; 18 U.S.C. § 3559 (a)(3).”
Guedes v. Bureau of Alcohol, Tobacco, Firearms, 920 F.3d 1 (D.C. Cir. 2019). “26 U.S.C. § 5871 . And yet § 7801(a)(2)(A) tasks the Attorney General with "[t]he administration and enforcement of * * * Chapter 53," including "prescrib[ing] all needful rules and regulations for * * * enforcement.”
Ken Paxton, Atty Gen v. Dettelbach, 105 F.4th 708 (5th Cir. 2024). “26 U.S.C. § 5871 . In 2021, Texas enacted a law providing that “[a] firearm suppressor that is manufactured in [Texas] and remains in [Texas] is not subject to federal law or federal regulation.”
United States v. Climmie Jones, Jr., 489 F.3d 243 (6th Cir. 2007). “Because each of these charges carries a maximum penalty of ten years in prison, 26 U.S.C. § 5871 ; 18 U.S.C. § 924 (a)(2), these two convictions are classified as Class C felonies, 18 U.”
United States v. Glenda Newsome, Shawn Lee Rawls, Edwin Eugene Trout, United States of Am. v. Kenneth Birchfield, James Anthony Angerami, 998 F.2d 1571 (11th Cir. 1993). “That ten year sentence is the statutory maximum for this offense under 26 U.S.C. § 5871 . Angerami argues for the first time on appeal that the district court erred in sentencing him to the statutory maximum term of imprisonment on this charge because that ten year term 'far…”
United States v. Cox, 906 F.3d 1170 (10th Cir. 2018). “Cox and Kettler received a fair trial and, at sentencing, the benefit of their good-faith reliance on the SAPA, so we see no reason-be it grounded in notions of due process or premised on presumptions about mens rea-either to create a new defense out of whole cloth (as Cox…”
United States v. Anderson, 604 F.3d 997 (7th Cir. 2010). “The only way Anderson could have moved the guidelines below the ten-year ceiling set out in 26 U.S.C. § 5871 was to ask for all three offense level credits.”
Mock v. Garland, 75 F.4th 563 (5th Cir. 2023). “Violating the NFA carries the potential for ten years’ imprisonment, 26 U.S.C. § 5871 , seizure and forfeiture of the firearm, id.”
United States v. Ardoin, 19 F.3d 177 (5th Cir. 1994). “” 26 U.S.C. § 5871 . In contrast, a person who is convicted of violating section 922(o ) is fined not more than $5,000 or imprisoned not more than 10 years, or both.”
United States v. Shaw, 670 F.3d 360 (1st Cir. 2012). “26 U.S.C. § 5871 . While the defendant's knowledge is at the heart of this appeal, the statute itself does not expressly contain a mens rea requirement.”
Anthanasios G. Dallis v. Tommy Martin, 929 F.2d 587 (10th Cir. 1991). “” 2 Prior to an *589 amendment enacted on October 12, 1984, the penalty statute under which Dallis received his Count 3 sentence, 26 U.S.C. § 5871 (1988), provided such an exception.”
United States v. Jesus Perez Garcia, 96 F.4th 1166 (9th Cir. 2024). “See 26 U.S.C. § 5871 . Perez-Garcia was charged with two felony counts of importing approximately eleven kilograms of methamphetamine and half a kilogram of fentanyl in violation of 21 U.”
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