NATIONALLY RECOGNIZED FEDERAL LAWYERS
What is sawed-off shotgun charges
|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 across the country. We’ve represented clients in cases that made national headlines – from the Anna Delvey trial that became a Netflix series to the Ghislaine Maxwell juror misconduct case. If you’re facing sawed-off shotgun charges, you’re looking at serious federal prison time.
Sawed-off shotgun charges are federal felonies under the National Firearms Act. You’re charged with possessing an unregistered NFA firearm – and that carries up to 10 years in federal prison plus a $10,000 fine. The feds don’t care why you have it or whether you knew the law. They measure the barrel, check the registration database, and if it’s under 18 inches without ATF approval, you’re facing a decade behind bars.
This article explains what makes a shotgun illegal under federal law, the specific charges prosecutors file, and how these cases get prosecuted in 2025.
What Makes a Shotgun “Sawed-Off” Under Federal Law
The law is specific about measurements. A shotgun becomes a regulated NFA firearm if the barrel is less than 18 inches long or the overall weapon length is less than 26 inches. Not 17.9 inches – 18 inches exactly. ATF measures from the closed breech face to the muzzle crown.
Someone buys a legal shotgun with a standard 26-inch barrel. They cut it down to make it easier to handle or store in a vehicle. The moment that barrel drops below 18 inches, it’s a National Firearms Act violation. If you cut down both the barrel and the stock so total length is under 26 inches, that’s also an NFA violation even if the barrel alone is 18 inches.
Federal law requires all NFA firearms to be registered in the National Firearms Registration and Transfer Record maintained by ATF. To legally possess a sawed-off shotgun, you need ATF approval before you modify the weapon – and you pay a $200 tax stamp. You file ATF Form 1 if you’re making it yourself, or Form 4 if you’re buying a registered one.
Most people facing these charges didn’t do that. They just cut the barrel. That’s the crime – possessing an unregistered NFA firearm.
The Criminal Charges and What Prosecutors Must Prove
The main charge is violating 26 USC 5861(d) – possession of an unregistered firearm. That’s the National Firearms Act criminal provision.
Prosecutors must prove three elements. First, you possessed a firearm. Second, the firearm meets the NFA definition of a short-barreled shotgun based on measurements. Third, the firearm wasn’t registered in the National Firearms Registration and Transfer Record. They don’t need to prove you knew about the registration requirement – ignorance of the law isn’t a defense.
ATF handles the investigation. They measure the weapon after it’s seized, photograph it, and check the serial number against the NFA registry. If it’s not there, the measurement evidence goes to federal prosecutors.
In March 2025, Sarah Kay Johnson from Iowa got 42 months in federal prison for possessing a sawed-off shotgun. Law enforcement executed a search warrant, found the shortened shotgun, ATF measured it and confirmed no registration, and federal prosecutors charged her. She pleaded guilty and got three and a half years.
If you’re already a convicted felon, you face two separate charges – felon in possession under 18 USC 922(g), and possession of an unregistered NFA firearm under 26 USC 5861(d). Those charges stack. The prison time runs consecutively in many cases.
The Prison Time and Penalties
The statute allows up to 10 years in federal prison and a fine up to $10,000. Actual sentences depend on your criminal history and whether other crimes were involved. For NFA violations without aggravating factors, sentences typically range from probation for first-time offenders to several years for defendants with records.
These charges rarely appear alone. If you possessed the sawed-off shotgun during a drug trafficking offense, prosecutors add an 18 USC 924(c) charge – using a firearm during a drug crime. That carries a mandatory minimum 5-year sentence that must run consecutive to whatever you get for the drug offense.
If you’re a felon, the felon in possession charge under 922(g) carries up to 10 years as well. Armed Career Criminal Act enhancements can push that to 15 years mandatory if you have three prior violent felonies or serious drug offenses.
Beyond prison and fines, you lose gun rights permanently. You can’t possess firearms or ammunition ever again under federal law.
How These Cases Get Prosecuted
These prosecutions start with the physical weapon. Law enforcement seizes it during an arrest, search warrant, or vehicle stop. ATF gets involved immediately when officers discover a short-barreled shotgun.
ATF agents measure the barrel with a calibrated rod inserted from the breech to the muzzle crown. They photograph the measurements with rulers visible in the frame. Then ATF runs the serial number through the National Firearms Registration and Transfer Record. If the weapon appears in that database with your name as the registered possessor, you’re legal. If it doesn’t appear, that’s the violation.
Prosecutors must prove you possessed the weapon. That means either actual possession – it was on your person – or constructive possession. Constructive possession requires proving you knew the weapon was there and had the ability to control it. If the sawed-off shotgun is in your bedroom closet, that’s straightforward. If it’s in a shared garage, prosecutors have to prove you knew about it.
The “I didn’t know” defense doesn’t work. You can’t argue that you didn’t know the barrel length made it illegal. Courts have held that the NFA is a strict liability statute – you don’t need to know the firearm’s specific characteristics to be guilty.
Why People Get Charged and Defense Strategies
Most people don’t wake up intending to violate the National Firearms Act. They modify a shotgun for easier storage or vehicle carry. They don’t realize that cutting the barrel requires federal permission first. Others buy or receive an already-modified shotgun without understanding the registration requirement. Possession is the crime – it doesn’t matter how you acquired it.
Federal cases get triggered during drug raids, traffic stops, and domestic violence calls when police seize firearms and find one that’s illegally shortened.
At Spodek Law Group – we’ve handled federal firearms cases for many, many years. When you’re facing NFA charges, several defense strategies might apply.
We challenge the measurements – we obtain ATF measurement reports and hire expert witnesses to independently measure the firearm. If the barrel is actually 18 inches or longer, there’s no NFA violation. We challenge possession in cases where the weapon was found in a shared location. Prosecutors must prove you knew it was there and exercised control.
We examine Fourth Amendment violations. If law enforcement seized the weapon during an illegal search, we file motions to suppress the evidence. Many gun cases get dismissed because the search was unconstitutional.
In cases where the evidence is strong, we work to minimize the damage. Federal sentencing is where experienced defense attorneys make the biggest difference. We prepare sentencing memoranda showing mitigating factors – no prior criminal history, cooperation, acceptance of responsibility, family circumstances.
Our managing partner Todd Spodek has handled hundreds of federal criminal cases – and we’ve represented clients in matters others said were unwinnable. If you’re under investigation for NFA violations, or you’ve already been charged, don’t talk to ATF or federal agents without a lawyer. Call us first – we’re available 24/7, and we handle federal gun cases in every jurisdiction across the country.