How long for unregistered NFA firearms

| by Max Soni

Thanks for visiting Spodek Law Group. We’re a second-generation law firm, managed by Todd Spodek, with over 40 years of combined experience handling federal firearms cases. You’ve probably seen our work – Todd represented Anna Delvey in the case that became a Netflix series, we handled the Ghislaine Maxwell juror misconduct matter, and we’ve defended clients in cases that other law firms called unwinnable. If you’re facing charges for possessing an unregistered NFA firearm, you’re looking at serious federal prison time – and this article explains what that actually means in 2025.

The National Firearms Act regulates specific weapons that the federal government considers especially dangerous. Machine guns, silencers, short-barreled rifles, short-barreled shotguns, destructive devices – these all require registration with the ATF. Fail to register one of these firearms, and you’re violating 26 U.S.C. § 5861. The statutory maximum is ten years in federal prison, though what you’ll actually serve depends on factors most people don’t understand until they’re sitting across from a federal prosecutor.

Federal sentencing for NFA violations isn’t some fixed number you can Google and plan around. The statute says up to 10 years imprisonment and fines up to $10,000 – but that’s misleading. Under 18 U.S.C. § 3571, judges routinely impose fines up to $250,000 for individuals, sometimes $500,000 for organizations. The real sentence depends on your criminal history, what type of NFA item you possessed, whether you’re a prohibited person (like a felon), and whether the unregistered firearm was connected to drug trafficking or other crimes.

Look at actual 2024-2025 cases. A former police officer in Maryland got 30 months for possessing an unregistered fully automatic firearm. Dalton Lee Mattus in Illinois received 57 months in March 2025 for possessing unregistered destructive devices – though he was also a felon with a stolen gun, which drove the sentence higher. Ronald Allen Grace Jr. in Colorado got 3 years for an unregistered silencer. A former FBI agent? Three years probation, no prison time at all. The sentences are all over the place, which tells you something important: federal judges have discretion, and your specific circumstances matter more than the statute’s maximum penalty.

The federal sentencing guidelines treat NFA firearms seriously under § 2K2.1. If you’re possessing a machine gun or silencer without registration, the base offense level starts higher than for a regular firearm. Then come the enhancements. Prior felony conviction? That bumps your guideline range. Possessed the NFA firearm during a drug trafficking offense? That’s a separate charge under 18 U.S.C. § 924(c) that carries mandatory minimum sentences – 5 years for a firearm, 7 years for a short-barreled rifle or shotgun, 10 years for a silencer or machine gun, and those run consecutive to whatever you get for the drug offense.

Your criminal history category drives everything. Someone with no prior record might get a guideline range of 27-33 months for simple possession of an unregistered silencer. Add a felony conviction or two, and suddenly you’re in Criminal History Category III or IV – the same offense now guidelines at 51-63 months or higher. Federal judges can vary below the guidelines if there are mitigating circumstances, but they can also vary upward if the facts are particularly bad.

Silencers are getting interesting in 2025. The Department of Justice announced in March 2025 that it’s reconsidering its enforcement position on silencers following Trump administration directives on Second Amendment issues. Federal prosecutors requested a pause in at least one criminal case involving an unregistered silencer while DOJ reviews its litigation strategy. That doesn’t mean silencer prosecutions have stopped – people are still being sentenced for unregistered suppressors right now. If your case involves a silencer and nothing else, your attorney should be tracking these DOJ developments closely.

The One Big Beautiful Bill Act, signed in July 2025, eliminates the $200 transfer tax for suppressors, short-barreled rifles, and short-barreled shotguns effective January 1, 2026. The law doesn’t eliminate registration requirements – you still have to register these items with ATF even though you won’t pay the tax. That mistake will cost you years in federal prison.

Federal prosecutors don’t care about excuses. “I didn’t know it needed registration” doesn’t work – the law doesn’t require proof that you knew about the registration requirement, only that you knowingly possessed the firearm and that it meets the NFA definition. The only thing that matters is whether the firearm is registered in the National Firearms Registration and Transfer Record.

Forfeiture is automatic. Any firearm involved in an NFA violation gets seized. You won’t get it back, even if you beat the criminal charge or get probation. We’ve seen people lose entire collections worth six figures because one item in the safe wasn’t properly registered.

Losing your gun rights is permanent unless you get a pardon. Federal law prohibits anyone convicted of a felony from possessing firearms – and NFA violations are felonies. Even if you get probation with no prison time, you’re still a convicted felon who can’t own guns, can’t vote in many states, can’t work in certain professions. At Spodek Law Group, we’ve handled many cases where the client cared more about preserving their gun rights than about avoiding prison – and once you’re convicted, those rights are gone.

Acceptance of responsibility can cut your sentence significantly. If you plead guilty and accept responsibility for the offense, you get a 2-level reduction – sometimes 3 levels if you plead early enough. That 2-level reduction might be the difference between 37-46 months and 30-37 months. Federal judges care whether you’re taking ownership of what you did or whether you’re making excuses and blaming everyone else.

If you’re under investigation for an NFA violation or if ATF has already executed a search warrant, don’t talk to law enforcement without an attorney. Everything you say will be used against you at sentencing – and statements you make during the investigation can eliminate your ability to get an acceptance of responsibility reduction later. At Spodek Law Group – we tell every client the same thing: invoke your right to remain silent, ask for an attorney, and let us handle communications with ATF and federal prosecutors.

The bottom line – unregistered NFA firearms can cost you anywhere from probation to 10 years in federal prison, depending on your criminal history and the specific circumstances of your case. Recent sentences range from 30 months to 5+ years, with most defendants getting 3-5 years when they have prior convictions or when the NFA violation is connected to other criminal activity. If you have no criminal history and the facts aren’t aggravated, you might see a sentence closer to 24-36 months. But federal prison time is real time – you serve at least 85% of whatever sentence the judge imposes, and there’s no parole in the federal system.

We’ve represented clients in federal firearms cases across the country – from New York to California, from Texas to Florida. Our managing partner, Todd Spodek, is a second-generation criminal defense lawyer with many, many years of experience handling cases exactly like this. If you’re facing NFA charges or if ATF has seized firearms from your home, we can help you understand what you’re actually facing and what options you have. Regardless of how complicated your case is, or how challenging it is – we focus on getting you the best possible outcome. We’ve handled cases that made national headlines, cases that became Netflix series, cases that other attorneys said couldn’t be won. Your freedom is at stake, and time matters in federal firearms cases.