Federal Gun Charge

If you want to get your firearm rights back, you will need a gun lawyer to help fight the charges against you so you don’t get a felony conviction on your record.

But if you get caught with a gun, the chances are pretty good that you will be charged with a federal felony. And suppose you are arrested with a gun connected to any drug trafficking offense. In that case, the police will initially charge you with both violations — even if it turns out later that the weapon was not used in connection with any drug crime.

The most common federal gun crimes are being found in possession of a firearm concerning controlled substance crimes (making or selling drugs) and possession of firearms during an illegal drug transaction (selling drugs). This will likely subject you to a mandatory minimum sentence of up to ten years.

Common Federal Gun Crimes

Although federal gun charges can vary, covering a wide range of activities that are illegal under federal law, some crimes appear to be more common.

Illegal possession of a firearm by a prohibited person is the most common federal gun crime. This charge applies to anyone with a felony conviction, domestic violence misdemeanor, or subject to restraining orders who possesses any firearm or ammunition.

Using a firearm during drug trafficking (18 U.S.C. § 924(c)) carries devastating consequences. Even if the gun isn’t fired or displayed, merely having it accessible during a drug crime triggers a mandatory 5-year consecutive sentence on top of the underlying drug charge. Second offenses under this statute face mandatory 25-year enhancements.

Firearm trafficking violations occur when someone transports or transfers firearms across state lines with intent to engage in illegal commerce. These charges often involve “straw purchasers” who buy weapons for prohibited persons.

Possessing unregistered National Firearms Act (NFA) weapons—including short-barreled rifles, shotguns, machine guns, and suppressors—carries penalties up to 10 years imprisonment. Even legal NFA items transported across state lines without proper ATF notification can trigger federal charges.

Federal prosecutors also vigorously pursue cases involving lying on ATF Form 4473 during purchase background checks, which carries its own separate penalties regardless of whether the firearm was obtained.

What is the Average Sentence for a Federal Gun Charge?

The most common federal weapons charges are for possessing a firearm by a felon or someone otherwise prohibited from possessing one. Penalties for such crimes range from 10 years to life in prison, but the exact penalty varies based on the precise circumstances.

Time behind bars may also depend on the strength of the case against the defendant and how they handle it. For example, someone who admits guilt and cooperates with the government can expect a shorter sentence than someone who fights the charge and loses.

Some weapons are illegal to sell, such as machine guns and sawed-off shotguns. Selling guns to people who are not allowed to possess them, such as a minor or a convicted felon, is also illegal.

Penalties for the unlawful sale of firearms depend on the type of weapon sold and to whom it was sold. Generally, the minimum sentence is five years in prison, but it can be as high as 10 years.

If you are facing federal gun charges, it is important to speak with an experienced criminal defense lawyer who can help you navigate the complex legal system and protect your rights.