Understanding the Legal Implications Federal Firearms Charges
The legal consequences of federal and state gun charges can be severe and life-altering. Firearms offenses are among the most common crimes prosecuted and sentenced in federal court. Federal firearms charges are generally more serious than state gun charges. Federal charges carry harsher penalties, including longer prison sentences and higher fines. Federal gun charges are prosecuted under national laws by U.S. attorneys in federal district courts and federal sentencing guidelines apply.
Both types of charges require a robust legal defense to mitigate the potential consequences. Understanding these consequences and the available defense strategies is crucial for anyone facing gun-related charges.
At Sandman, Finn, and Fitzhugh, our federal lawyers in Raleigh have the knowledge and experience to represent our clients who face federal gun charges with specific defense strategies for them. If you are charged with a federal firearm offense, you need to contact a gun charge lawyer in Raleigh immediately. In this article, we provide complete information about federal firearms charges that you should know if you find yourself in this situation.
Firearm Defined by Federal Law
Federal firearms laws define a firearm as any weapon, including a starter gun, which expels a projectile using an explosive or is designed or may be readily converted to do so. This includes the frame or receiver of any such weapon, any firearm muffler, silencer, or destructive device. Antique firearms are not included in this definition.
A Federal Gun Charge
A federal gun charge is a crime that involves the illegal possession of a firearm and is either a violent crime or a nonviolent offense. A convicted felon with stolen gun charges requires an experienced federal defense attorney.
Violent federal gun charges include:
- Illegal firearm possession
- Unlawful possession by a felon
Nonviolent federal gun charges include:
- The unlawful sale of a firearm
- Unlawful transfer
- Straw purchase
Federal Gun Charges Guidelines
For you to be convicted of a gun charge, the law requires the government to prove three things beyond a reasonable doubt:
- That you committed the underlying offense;
- That you possessed, carried, or used a firearm during and about the commission of the offense; and
- The possession, carrying, or use was knowing and willful.
Persons Who Are Prohibited from Possessing a Firearm or Ammunition Under Federal Law
Under 18 U.S. Code § 922, federal law prohibits the possession of a firearm by certain persons. According to the U.S. Sentencing Commission published in July 2022, the vast majority of firearms offenders (88.8%) were prohibited from possessing a firearm. To convict a person for possession of a firearm or ammunition by a prohibited person, a federal prosecutor must prove all the following elements beyond a reasonable doubt:
- The person was in possession or receipt of a firearm or ammunition,
- The firearm or ammunition was transported across state lines at any time, and
- You are categorized as one or more of the following:
-
- A convicted felon in any U.S. or state jurisdiction (including defendants who are waiting for trial on felony charges);
- A fugitive from justice, including witnesses who flee any state to avoid testifying in any criminal proceeding;
- A drug user or addict (shown where drug paraphernalia is seized, tested positive for drugs, and/or you admit that drugs in your possession are for personal use);
- An alien, including illegal aliens and any non-U.S. citizen without a green card;
- A person subject to a domestic violence restraining order. The restraining order must also find that you pose a threat to the physical safety of the intimate partner or child or must prohibit the use, threatened use or attempted use of physical force;
- A person convicted of any misdemeanor crime of domestic violence;
- A minor under the age of 18 for the purchase of a shotgun or rifle;
- A person less than 21 years of age for the purchase of a firearm that is other than a shotgun or rifle;
- A citizen who has renounced his/her U.S. citizenship; or
- A veteran dishonorably discharged from the United States military.
Unlawful Firearms Trade
Federal law makes it illegal for you to import, produce, or conduct transactions in firearms across state lines if you are not a licensed firearms dealer. The unlawful sale of a firearm involves the transfer of a firearm from one person to another without going through a federally licensed firearms dealer. Anyone other than a licensed firearms dealer, manufacturer, importer, or collector when the person transferring the weapon knows that the acquiring person does not live in the same state.
These are exceptions:
- Delivering a firearm to carry out a lawful request; or
- Loaning a firearm to someone for lawful sporting purposes.
Punishments and Penalties for Federal Firearms Crimes
I. Possession of a Firearm or Ammunition by a Prohibited Person
- Punishable by up to 10 years imprisonment.
- May receive a minimum sentence of 15 years without parole if the offender has three or more prior convictions for a felony crime of violence (e.g., burglary, robbery, assault, possession of offensive weapons) and/or drug trafficking felony.
II. Knowingly Sell, Give, or Otherwise Dispose of Any Firearm or Ammunition to Any Person Who Falls Within One of the Prohibited Persons Categories
Federal law makes it illegal to sell, transfer, or distribute firearms to individuals who are prohibited from owning them, or to engage in trafficking of firearms. This offense is punishable by up to 10 years imprisonment with large fines.
III. Use, Carry, or Possess a Firearm in Relation To or In Furtherance of a Drug Felony or a Federal Crime of Violence
Even if the firearm was not actively used during the crime, simply carrying or possessing it “in furtherance” of a drug trafficking crime or crime of violence is enough for a charge. The key is the connection between the firearm and the primary crime.
Crimes of violence include:
- Armed robbery
- Drug trafficking
- Terrorism
Punishment ranges from at least 5 years up to life imprisonment, without parole, or death if death results from the use of the firearm. The sentence must be served consecutive to any other sentence.
Mandatory minimum sentence increases depending upon:
- The type of firearm involved (sawed-off gun, silencer, etc.);
- Whether more than one offense was committed;
- Whether the gun was simply possessed or was brandished or discharged.
These mandatory minimum sentences are as follows:
- 5 years for carrying or possessing a firearm;
- 7 years for brandishing a firearm;
- 10 years if the firearm is discharged;
- 10 years for possession of a sawed-off rifle or shotgun or semiautomatic assault weapon;
- 15 years for possession of armor-piercing ammunition;
- 40 years for possession of a machine gun, a destructive device, or if the firearm was equipped with a silencer.
Mandatory minimum sentencing as described above must be served in addition to and consecutive to any sentence imposed upon conviction for the underlying violent or drug trafficking crime.
IV. Stolen Firearm, Ammunition, or Explosive
This offense is punishable by up to 10 years imprisonment.
- A person may not receive, possess, conceal, store, pledge, or accept as security for a loan, barter, sell, or ship or transport across a state line any stolen firearm, ammunition, or explosive.
- A person may not steal or unlawfully take or carry away a firearm from the person or premises of a firearms licensee.
V. Firearm in a School Zone
Punishable by up to 5 years imprisonment. Except as authorized, may not possess or discharge a firearm in a school zone.
VI. Knowingly Possess or Manufacture
This offense is punishable by up to 5 or 10 years imprisonment, depending upon specific violation.
- Any machine gun, fully automatic firearm, or any part designed or intended exclusively for use in such weapon;
- Any firearm silencer, including any device, or part thereof, designed to silence, muffle, or diminish the report of a firearm;
- Sawed-off shotgun with a barrel length of less than 18” or overall length less than 26”;
- Sawed-off rifle with a barrel length of less than 16” or overall length less than 26”;
- Destructive device;
- Semi-automatic assault weapon manufactured after October 1, 1993; OR
- Any firearm which lacks a serial number or contains an altered or obliterated serial number.
VII. Sell, Deliver, or Transfer to a Juvenile
This offense is punishable by up to 1-year imprisonment unless the transferor had reason to believe the juvenile would commit a crime of violence with a gun or ammunition, then up to 10 years imprisonment.
A firearms licensee faces up to 5 years imprisonment.
- A person may not sell, deliver, or transfer a handgun or handgun-only ammunition to a person who is under age 18;
- A person under age 18 may not possess a handgun or handgun-only ammunition; (Certain exceptions apply to A and B, such as where the juvenile possesses written permission of a parent.)
- A firearms licensee may not sell any gun or ammunition to anyone under the age of 18 and may not sell a handgun or handgun ammunition to a person under the age of 21.
VIII. Possession of a Firearm with an Altered Serial Number
It is illegal under federal law to possess a firearm that has the serial number intentionally altered, obliterated, or removed. This charge is often associated with firearms that are trafficked or involved in criminal activities. This offense can carry a sentence of up to 5 years in prison.
Defenses Against Federal Firearms Charges
An experienced federal attorney will look for opportunities to build a defense; there are potential defenses that may apply in certain cases.
Challenging the Evidence
If your attorney challenges the evidence, he/she will engage the court in these types of issues:
- Question the search and seizure: The evidence may be inadmissible if the firearm was found during an illegal search.
- Dispute the chain of custody: If the firearm was not handled, stored, or documented properly, it may not be admissible.
- Question the credibility of witnesses: Witnesses can be a key part of a federal case, so challenging their credibility can weaken the prosecution’s case.
Affirmative Defenses
Affirmative defense strategies include the following:
- Self-defense: If the defendant acted in self-defense, your attorney may be able to use this as a defense.
- Duress: If the defendant was forced to possess the firearm under threat of harm, your attorney may be able to use this as a defense.
- Entrapment: If the defendant was coerced into possessing or using a firearm by law enforcement, your attorney may be able to use this as a defense.
Other Defense Strategies
Other defenses your federal attorney may make include:
- Proving lawful possession: If you can prove that you possessed the firearm lawfully, you can use this as a defense.
- Proving lack of knowledge: If you were unaware that you were in possession of a firearm, this can be a line of defense.
- Proving violation of rights: It may be argued that your right to bear arms under the Second Amendment has been infringed upon; however, this defense is not as successful in federal cases, especially when other legal conditions have been violated.
In Conclusion
The reality is that federal firearms charges are serious and carry severe penalties. If you are facing a federal charge regarding a firearm(s), you need to understand the specific laws that apply to firearms ownership and distribution. Seek legal counsel from an experienced federal attorney, like our federal defense attorney Bill Finn on our team at Sandman, Finn, and Fitzhugh to protect your rights and navigate the complexities of federal law.
Contact Our Federal Lawyers for Federal Gun Charge Defense
If you have been charged with a federal firearms offense, you should secure aggressive and experienced legal defense as soon as possible. At Sandman, Finn, & Fitzhugh, our attorneys have a combined 50 years of legal experience including a background as prosecuting attorneys, giving them a unique insight.
We are committed to providing comprehensive defense strategies–from investigation and evidence gathering to witness interviews and jury selection–to help you achieve the best possible outcome for your future. Contact our federal lawyer in Raleigh today to schedule a free legal consultation by calling us at (919) 845-6688 to schedule your free initial consultation.