Federal Firearms Crimes

Firearm offenses are among the most serious cases in federal court. The Department of Justice (DOJ) devotes significant resources to prosecuting gun crimes, especially when tied to drug trafficking, violent crimes, or individuals with prior felony records.

Common Federal Firearm Offenses

  • Felon in possession of a firearm (18 U.S.C. 922(g))—possession of a gun by someone prohibited due to a felony conviction, domestic-violence order, or immigration status.

  • Firearm during a drug-trafficking crime or violent crime (18 U.S.C. 924(c))—using, carrying, or possessing a gun “in furtherance” of another felony. This carries mandatory consecutive prison time.

  • Firearms trafficking (18 U.S.C. 922(a))—selling or transferring firearms without a license or moving them across borders.

  • Straw purchases/false statements (18 U.S.C. 922(a)(6))—lying on ATF Form 4473 or purchasing a firearm for someone else to circumvent or “get around” firearm laws.

  • Armed Career Criminal Act (18 U.S.C. 922(a)(6))—enhanced penalties for repeat offenders with prior violent felonies or serious drug offenses.

Why Firearm Charges Are Serious

  • Mandatory Minimums: Section 924(c) charges carry mandatory consecutive sentences (often 5, 7, 10 years, or more) on top of other counts.

  • Felony Status: Even “mere possession” can result in a felony conviction with prison time.

  • Stacking: Multiple gun counts can be charged in a single case, potentially multiplying exposure.

  • Collateral Consequences: Convictions result in potential loss of Second Amendment rights, immigration consequences, and reputational damage.

  • Connection To Other Charges: Firearm counts often appear in drug, robbery, or fraud indictments, raising stakes significantly.

Defending Firearm Charges

Strong defenses might focus on possession, intent, and procedure. Strategies may include:

  • Challenging possession: proving the firearm did not belong to the defendant, or they did not knowingly possess it.

  • Suppressing evidence: guns found in unlawful stops, searches, or vehicle sweeps may be excluded depending on the facts of the particular case. Fourth Amendment violations are not uncommon in firearm cases.

  • No nexus to crime: For section 924(c) charges, show the firearm was not used “in furtherance” of drug trafficking or violence.

  • Technical defenses: In some cases, argue the firearm does not meet the definition of a “machine gun” or “short-barreled” rifle.

  • Sentencing mitigation: Demonstrating minor role, lack of violence, or other facts may potentially lower exposure.

Federal firearm charges carry some of the harshest penalties in the system. Mandatory minimums, stacking, and forfeiture makes them life-altering. But the government must still prove knowing possession, intent, and—where applicable—a connection to other crimes. When the stakes are high, counsel experienced in federal criminal defense is critical.