Federal Gun Charges

Understanding Federal Gun Charges

Federal firearms charges are among the most aggressively prosecuted offenses in the federal system. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), FBI, and other federal agencies pursue gun cases as a priority, and federal prosecutors use firearms statutes to impose harsh sentences, particularly when guns are connected to drug trafficking or violent crimes. Federal firearms convictions carry mandatory minimum sentences that must be served in full, with no possibility of parole.

Common Federal Firearms Offenses

Federal firearms charges arise under several statutes. 18 U.S.C. Section 922(g) prohibits possession of firearms by felons, domestic violence offenders, illegal drug users, and other categories of prohibited persons. 18 U.S.C. Section 924(c) imposes severe mandatory minimum sentences for using, carrying, or possessing a firearm during or in relation to a crime of violence or drug trafficking offense. Additional federal charges include illegal firearms trafficking, possession of unregistered firearms or silencers under the National Firearms Act, and making false statements in connection with firearms purchases (straw purchases).

Mandatory Minimum Sentences

Federal firearms mandatory minimums are among the harshest in the federal code. Under Section 924(c), the mandatory minimum is 5 years for possession during a qualifying offense, 7 years for brandishing, and 10 years for discharge. Second or subsequent 924(c) convictions carry a mandatory 25 years consecutive to any other sentence. These sentences run consecutive to, not concurrent with, the sentence for the underlying offense. The result is that defendants often face decades in prison even for first offenses.

Defense Approaches

Our defense strategies for federal firearms cases include challenging the legality of the search that produced the firearm, disputing constructive possession when the firearm was not found on the defendant’s person, contesting the defendant’s status as a prohibited person, and challenging the connection between the firearm and the alleged underlying offense. Recent Supreme Court decisions have significantly impacted federal firearms law, and our attorneys stay current on these developments to provide the most effective defense possible.

If you are facing federal firearms charges, the mandatory minimum sentences mean that every aspect of your defense must be handled with precision and expertise. Our firm has the experience to protect your rights in these high-stakes cases.

Defense Strategies We Use

Frequently Asked Questions