NATIONALLY RECOGNIZED FEDERAL LAWYERS
How serious is weapon at federal building
|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 serious federal criminal defense cases – including defending clients in some of the most high-profile cases in recent memory. We’ve represented Anna Delvey in the Netflix series case, handled the Ghislaine Maxwell juror misconduct matter, and defended clients in the Alec Baldwin stalking case. If you’re facing weapons charges at a federal building, you’re dealing with a federal felony that prosecutors take extremely seriously.
Federal prosecutors don’t mess around with weapons in federal buildings. The law is 18 U.S.C. § 930, and it covers everything from courthouses to Social Security offices to Veterans Affairs buildings. Walk into any federal facility with a weapon, and you’re looking at federal criminal charges that can reshape your entire life.
What 18 USC 930 Actually Covers
Federal facilities means any building or part of a building owned or leased by the federal government where federal employees regularly work. Post office, IRS building, federal courthouse, FBI field office, passport office – if federal employees work there, the statute applies.
The penalties break down based on what you did and where. Basic possession in a regular federal building carries up to one year in federal prison. Federal court facilities are treated more seriously – up to two years just for having a weapon in a courthouse, even if you had no bad intent whatsoever. If prosecutors can prove you had the weapon with intent to use it in commission of a crime, you’re facing up to five years in federal prison.
What counts as a dangerous weapon? Guns, obviously. Knives beyond a certain length. Stun guns and tasers. Mace and pepper spray in many circuits. Brass knuckles, batons, even large tools that could be used as weapons. Courts have interpreted “firearm or other dangerous weapon” broadly because Congress wanted to keep federal buildings safe.
2025 Enforcement Shows They Mean Business
In July 2025, Mario Santoyo faced charges under 18 USC 930 after a standoff in a federal courthouse in downtown Chicago that lasted nine and a half hours. The entire federal building was evacuated – criminal trials, civil hearings, everything shut down for the day. Santoyo was charged with possession of a dangerous weapon with intent to use it in commission of a crime, facing up to five years in federal prison. The judge ordered him detained pending trial, no bond.
That case shows how seriously federal courts treat these charges. Federal prosecutors in 2025 are following DOJ guidance from February that says they should charge the most serious, readily provable offense in the absence of unusual facts. If you bring a gun into a federal building, they’re not offering you a misdemeanor deal – they’re charging you federally, and they’re seeking the maximum penalty the statute allows.
Security Checkpoints Catch More People Than You’d Think
Most 18 USC 930 cases don’t involve standoffs – they involve people who forgot they had a weapon and walked through security. Concealed carry permit holders forget that federal law preempts state permits in federal buildings. Your state permit means absolutely nothing when you walk into a federal courthouse.
You go through the magnetometer, it goes off, security finds your gun – you’re getting arrested. Even if you have a valid carry permit, even if you have zero criminal history. The statute says “knowingly possesses,” and knowing you brought the gun into the building is enough. You don’t have to know it was illegal.
Federal protective service officers don’t have discretion to let you walk away. They’re required to detain you and notify federal law enforcement. In most districts in 2025, prosecutors are charging these cases – especially in courthouses. Some defendants think they can argue mistake of fact or lack of criminal intent. Those defenses rarely work because the mens rea required is just knowingly possessing the weapon.
What Happens After You’re Charged
Federal weapons charges at a federal building typically start with arrest and initial appearance before a magistrate judge. The government will argue you’re a danger or flight risk, especially if the weapon was loaded. Many defendants in 18 USC 930 cases get detained pretrial.
The U.S. Attorney’s Office will offer a plea in many cases, but the plea usually involves pleading to the felony. They’re not dismissing a 18 USC 930 charge in most circumstances. A defendant with no record who accidentally brought a gun into a federal building might get probation. A defendant with priors or evidence of intent is looking at years.
Trials are risky because the elements are straightforward – did you possess a weapon, was it in a federal facility, did you know you had it? If security video shows you walking in with the gun, the jury doesn’t have much to acquit on.
Defenses That Can Work
The statute has exceptions for federal law enforcement officers and military members authorized to carry weapons as part of their duties. There’s also an exception for lawful carrying incident to hunting or other lawful purposes – but that’s almost never applicable in urban federal buildings.
Challenging whether the location actually qualifies as a federal facility can work in rare cases. In mixed-use buildings or areas that are technically federal property but not actively used for federal purposes, there might be an argument. Attacking the “knowingly” element is possible but difficult – if someone else put a weapon in your bag without your knowledge, that could be a defense, but you’d need evidence supporting that claim.
The Conviction Follows You Permanently
A federal conviction under 18 USC 930 is a felony in most cases. You lose your right to possess firearms anywhere, forever. You can’t vote in many states while serving your sentence. Employment becomes dramatically harder – federal felonies show up on every background check.
Professional licenses can be revoked or denied. If you’re a lawyer, doctor, accountant, teacher, nurse – many licensing boards will take action for a federal weapons conviction. Immigration consequences are severe if you’re not a U.S. citizen. A federal weapons conviction is likely an aggravated felony under immigration law, making you deportable.
The conviction doesn’t go away, it doesn’t get expunged, it’s permanent on your record. That’s why fighting these charges from day one is critical.
Why You Need Federal Criminal Defense Counsel Now
At Spodek Law Group, we’ve handled federal weapons cases and we understand how prosecutors build these cases – some of our attorneys are former federal prosecutors who used to bring these exact charges. We know the defenses that work, the arguments that persuade judges, the mitigating factors that make the difference between prison and probation.
The moment you’re arrested or charged under 18 USC 930, you need a lawyer who practices in federal court regularly. Federal court is a different world – different rules, different prosecutors, different expectations. We represent clients throughout the country, with offices in New York and nationwide capabilities. We’re available 24/7.
Do not talk to federal agents without a lawyer present. Do not give statements, do not consent to searches. Invoke your right to counsel and call us. These cases move quickly, and decisions you make in the first days after arrest determine whether you’re convicted of a felony or whether we can get charges reduced or dismissed.