Federal Weapons Offenses: Key Laws and Regulations

The Gun Control Act of 1968 and the National Firearms Act (NFA) form the foundation of federal laws regulating the sale, possession, and use of firearms. These statutes impose strict guidelines and severe penalties for violations, targeting activities such as unlawful possession, illegal firearms trafficking, and the use of firearms in connection with federal crimes.

Federal prosecutors pursue these cases aggressively, often involving offenses that cross state or national borders or are tied to other criminal activity. Violations of these laws can result in mandatory minimum sentences, substantial fines, and lifelong consequences for those convicted.

Here are the most common federal gun charges:

Unlawful Possession of a Firearm

Under 18 U.S.C. § 922(g), certain individuals are prohibited from possessing firearms. These include:

• Convicted Felons: Individuals with felony convictions cannot legally own or possess firearms.
• Domestic Violence Offenders: Those subject to restraining orders for domestic violence are prohibited from possessing firearms.
• Undocumented Immigrants: Individuals unlawfully in the U.S. are barred from firearm possession.
• Dishonorably Discharged Military Personnel: A dishonorable discharge disqualifies individuals from legally owning firearms.

Violating these prohibitions can result in up to 10 years in federal prison, with enhanced penalties for repeat offenders under the Armed Career Criminal Act (18 U.S.C. § 924(e)).

Firearms Trafficking

Firearms trafficking involves transporting, selling, or distributing firearms illegally across state or national borders. It also includes:

• Straw Purchases: Buying firearms on behalf of individuals prohibited from owning them.
  Violations of federal trafficking laws can result in severe penalties, including lengthy prison sentences and substantial fines, particularly if the offense involves organized crime or large quantities of firearms.

Possession of a Firearm in Connection with a Federal Crime

Using or carrying a firearm during the commission of a federal crime, such as drug trafficking or robbery, triggers mandatory sentencing under 18 U.S.C. § 924(c):

• 5 years for possession during a crime.
• 7 years if the firearm is brandished.
• 10 years if the firearm is discharged.
  These sentences must be served consecutively to the underlying crime, leading to significantly longer incarceration periods.

Possession of Illegal Firearms or Modifications

The National Firearms Act (26 U.S.C. § 5861) makes it a federal offense to possess certain prohibited or unregistered firearms, including:

• Machine guns.
• Silencers or suppressors.
• Short-barreled rifles or shotguns.

Violations of the NFA can result in up to 10 years in federal prison and substantial fines.

Lying on a Federal Firearms Application

Providing false information on a federal firearms application to a licensed dealer violates federal law and can lead to serious charges. For example, failing to disclose a felony conviction or using false identification during a purchase may result in criminal prosecution. Penalties include prison time and fines, depending on the severity of the offense

What Makes Federal Gun Charges More Severe?

Aggravating factors can significantly increase the penalties in federal weapons cases, often resulting in harsher sentences or additional charges. These factors are specific circumstances that make the offense more severe in the eyes of federal prosecutors and courts. Understanding how these factors apply is critical to crafting an effective defense.

Common aggravating factors in federal gun cases include:

• Prior Convictions:
  Individuals with prior felony convictions may face enhanced penalties under federal laws, such as 18 U.S.C. § 924(e) (Armed Career Criminal Act), which imposes a mandatory minimum sentence of 15 years for repeat offenders.
• Involvement of Minors:
  Providing firearms to minors or involving minors in firearm-related offenses can lead to additional charges and harsher penalties. For example, using a minor to traffic weapons can result in enhanced sentencing under federal statutes.
• Links to Terrorism or Organized Crime:
  If a firearm is tied to organized crime, gang activity, or acts of terrorism, prosecutors may pursue maximum penalties and additional charges under statutes related to national security or racketeering.
• Use of High-Capacity or Illegal Firearms:
  Possession or use of prohibited firearms, such as machine guns or silencers, under the National Firearms Act, or the use of firearms with high-capacity magazines in crimes, may lead to enhanced sentences.
• Connection to Violent Crimes:
  The use or brandishing of a firearm during violent crimes, such as robbery, assault, or kidnapping, often triggers mandatory minimum sentences under 18 U.S.C. § 924(c).

How Federal Weapons Charges Differ From State Charges

Jurisdiction
Federal weapons cases are prosecuted in federal court by U.S. Attorneys and typically involve violations of federal statutes, such as the Gun Control Act of 1968 or the National Firearms Act. These cases often arise when firearms are involved in interstate commerce, trafficking, or federal crimes. In contrast, state weapons charges are prosecuted in state courts and governed by local laws, which may vary significantly from federal statutes.

Penalties
Federal penalties are generally harsher than those imposed at the state level, often including mandatory minimum sentences. For example, using a firearm during the commission of a federal crime can result in a mandatory consecutive sentence, such as 5 years for possession, 7 years for brandishing, or 10 years for discharging a firearm. These mandatory minimums often leave little room for leniency, making federal convictions more severe.

Investigative Agencies
Federal weapons cases are investigated by powerful federal agencies with extensive resources, including:

• The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), which focuses on violations of firearm regulations, trafficking, and unregistered modifications.
• The Federal Bureau of Investigation (FBI), particularly in cases involving organized crime or firearms linked to terrorism.
• The Drug Enforcement Administration (DEA), in instances where firearms are tied to drug trafficking or related activities.

Because federal weapons charges often involve more severe penalties and thorough investigations, a skilled defense attorney is essential. An experienced federal defense attorney will know how to navigate the complexities of federal court, challenge the prosecution’s evidence, and build a defense tailored to the unique aspects of federal firearms laws.

Common Defenses Against Federal Gun Charges

Illegal Search and Seizure

The Fourth Amendment protects individuals from unlawful searches and seizures. If law enforcement obtained the firearm without a valid warrant, probable cause, or through improper methods, the evidence could be suppressed. For example, if federal agents searched your home without obtaining a warrant or exceeded the scope of a warrant during the search, any firearms they recovered may be inadmissible in court. Suppressing this evidence can significantly weaken the prosecution’s case and may lead to a dismissal of the charges.

Lack of Knowledge

To convict you of unlawful firearm possession, federal prosecutors must prove that you knowingly possessed the firearm. If the firearm was found in a shared space, such as a vehicle or a residence, and you were unaware of its presence, this defense could apply. For instance, if a firearm was discovered in a car you borrowed or in a roommate’s belongings, your lack of knowledge about the firearm can be used to challenge the charges. This defense requires a detailed examination of the circumstances to show you did not intentionally possess the weapon.

No Intent to Commit a Crime

Federal gun charges, such as using a firearm during a federal crime under 18 U.S.C. § 924(c), require proof that the firearm was knowingly used in connection with a specific crime, such as drug trafficking or robbery. If prosecutors cannot establish that you intended to use the firearm unlawfully, this can serve as a strong defense. For example, simply having a firearm present in your vehicle during an unrelated activity may not satisfy the intent requirement. This defense often involves demonstrating that the firearm was not tied to any criminal activity.

Improper Evidence Handling

Law enforcement and federal agencies, such as the ATF, are required to follow strict protocols when collecting, storing, and presenting evidence. If there are errors in the chain of custody, such as mishandling the firearm or failing to properly document its transfer between officials, the evidence’s reliability may be called into question. For example, if the firearm’s serial number is altered or records are incomplete, your attorney can challenge its admissibility. Improper evidence handling can cast doubt on the prosecution’s case and create opportunities to negotiate reduced charges or dismissal.

Mistaken Identity

In cases involving multiple suspects or large-scale investigations, such as gun trafficking operations, mistaken identity is a common issue. For example, if several individuals are arrested during a federal sting operation, prosecutors must prove that the firearm or alleged crime is directly tied to you. Presenting an alibi, identifying inconsistencies in witness testimony, or challenging evidence linking you to the firearm can undermine the prosecution’s claims. Mistaken identity defenses require careful investigation and strategic presentation to the court.

Frequently Asked Questions About Federal Weapons Charges

Can I Be Charged With Both State and Federal Firearm Crimes?

Yes, it is possible to face dual prosecution for the same firearm offense under both state and federal laws. For example, a gun trafficking case may be prosecuted at the federal level for crossing state lines and at the state level for violating local firearm laws.

What Is a “Straw Purchase” and Why Is It Illegal?

A straw purchase occurs when someone buys a firearm on behalf of a person prohibited from owning one. It is illegal under federal law and can result in serious penalties, including prison time and significant fines.

Can Federal Gun Charges Be Dropped or Reduced?

Yes, federal gun charges can be dropped or reduced depending on the circumstances. This often involves challenging the evidence, demonstrating procedural violations (e.g., illegal searches), or negotiating with prosecutors for lesser charges in exchange for cooperation or mitigating evidence.