Federal Weapons Crimes Defense Lawyer
Charged With a Federal Gun Offense?
Federal weapons charges are among the most aggressively prosecuted criminal cases in the United States. While many firearm offenses are handled at the state level, certain violations fall under federal jurisdiction and are prosecuted in U.S. District Court by the U.S. Attorney's Office.
Federal gun crimes often carry severe penalties, including mandatory minimum prison sentences, large fines, and long-term consequences.
These cases are typically investigated by federal agencies such as the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
If you have been charged with a federal weapons offense, it is critical to retain an experienced federal criminal defense lawyer immediately. Federal prosecutors have extensive resources, and the federal sentencing system is complex.
At Eisner Gorin LLP, our attorneys represent individuals facing serious federal gun charges and understand how to challenge the government's case, negotiate with prosecutors, and build a strong defense strategy.
Call 818-781-1570 or visit our contact page to schedule a confidential consultation.
Understanding Federal Weapons Crimes
Federal weapons offenses are violations of federal statutes that regulate the manufacture, sale, possession, transfer, and use of firearms and other deadly weapons.
The primary federal gun laws governing these offenses include:
-
18 U.S.C. § 922 – unlawful acts involving firearms
-
18 U.S.C. § 924 – penalties for federal firearm violations.
Under federal law, a firearm is generally defined as any weapon designed to expel a projectile through the action of an explosive. This definition may also include firearm frames, silencers, mufflers, and destructive devices.
Federal statutes regulate numerous aspects of firearm ownership and prohibit certain individuals from possessing firearms.
Common Federal Gun Offenses
There are many different types of federal weapons charges. Some of the most commonly prosecuted federal firearm offenses include:
Possession of a Firearm by a Prohibited Person – 18 U.S.C. §922(g)
Federal law prohibits certain individuals from possessing firearms, including:
-
fugitives from justice
-
individuals with domestic violence convictions
-
people subject to qualifying restraining orders
-
unlawful drug users or addicts
-
certain non-citizens without legal status.
Violating this statute can result in significant federal prison time.
A "Bruen challenge" offers a novel constitutional defense against federal felon-in-possession firearm charges under 18 U.S.C. § 922(g)(1), arguing the law is inconsistent with the nation's historical tradition of firearm regulation.
Using a Firearm During a Federal Crime – 18 U.S.C. §924(c)
This statute makes it illegal to use or possess a firearm during the commission of a federal crime of violence or drug trafficking offense.
Convictions carry mandatory minimum prison sentences, often beginning at five years and increasing depending on the circumstances.
Federal Firearms Trafficking
Federal law prohibits the trafficking of firearms without proper licensing or the transferring of weapons across state lines for illegal purposes.
These cases often involve allegations that a person knowingly purchased firearms to supply others who are prohibited from owning weapons.
False Statements in Firearm Purchases
Federal law makes it illegal to provide false information during the purchase of a firearm, including false statements on background check forms.
These cases frequently arise when someone purchases a firearm on behalf of another person who is prohibited from buying one.
Illegal Manufacture or Importation of Firearms
Federal law prohibits the manufacture, importation, or dealing in firearms without the proper federal licenses.
This may include unlawful firearm modifications or the manufacturing of prohibited weapons.
Body Armor Possession by Violent Felons – 18 U.S.C. §931
Federal law also prohibits individuals convicted of violent felonies from purchasing, owning, or possessing body armor.
When Do Gun Crimes Become Federal Cases?
Many firearm offenses are prosecuted federally when they involve:
-
firearms transported across state lines
-
firearms used during federal crimes, such as drug trafficking or bank robbery
-
firearms trafficking operations
-
possession of weapons by prohibited persons
-
offenses occurring on federal property.
Because federal authorities often coordinate investigations across multiple jurisdictions, these cases can involve complex legal issues.
Penalties for Federal Weapons Offenses
Penalties for federal gun crimes depend on the specific statute violated, the defendant's criminal history, and whether the firearm was used during another crime.
Possession of a Firearm by a Prohibited Person – 18 U.S.C. §922(g)
A conviction may result in:
-
up to 10 years in federal prison
-
fines of up to $250,000
-
supervised release following imprisonment.
Use of a Firearm During a Crime of Violence – 18 U.S.C. §924(c)
This statute carries mandatory minimum prison sentences, including:
-
5 years for possessing a firearm during a crime
-
7 years if the firearm was brandished
-
10 years if the firearm was discharged.
Additional enhancements may apply for certain types of firearms or repeat offenses.
Federal Sentencing Guidelines for Weapons Crimes
Federal judges rely on the United States Sentencing Guidelines when determining penalties for firearm offenses.
Factors that may affect sentencing include:
-
the type of firearm involved
-
whether the weapon was used during another crime
-
the defendant's criminal history
-
whether the firearm was stolen or illegally modified.
Because federal sentencing calculations are complex, experienced legal representation is essential.
Possible Defenses to Federal Weapons Charges
A strong defense strategy often involves examining how federal investigators obtained evidence.
Common defenses in federal firearm cases may include:
Illegal Search or Seizure
If law enforcement obtained evidence through an unlawful search or violated constitutional rights, the court may suppress the evidence.
Lack of Knowledge or Possession
Prosecutors must prove the defendant knowingly possessed the firearm. If the weapon belonged to someone else or the defendant was unaware of its presence, the charge may be challenged.
False Accusations or Misidentification
In some cases, individuals are wrongly accused due to mistaken identity or unreliable witness testimony.
Entrapment
Entrapment occurs when law enforcement officers induce someone to commit a crime they would not have otherwise committed.
Why You Need a Federal Criminal Defense Lawyer
Federal weapons cases involve complex statutes, extensive investigations, and experienced prosecutors. Attempting to defend a violent crime yourself without experienced legal representation can place your freedom at risk.
A federal criminal defense lawyer can:
-
review the government's evidence
-
challenge unconstitutional searches or arrests
-
negotiate with federal prosecutors
-
build a defense strategy designed to protect your rights.
Frequently Asked Questions
What are federal gun crimes?
Definition of federal firearm offenses
Federal gun crimes are violations of federal laws that regulate the possession, sale, manufacture, transfer, or use of firearms and other weapons.
These offenses are typically prosecuted in federal court when the conduct involves interstate commerce, federal property, or violations of specific federal statutes such as 18 U.S.C. §922 or §924.
What is the penalty for possessing a firearm as a convicted felon?
Federal felon-in-possession penalties
Under 18 U.S.C. §922(g), it is illegal for certain prohibited individuals, including convicted felons, to possess a firearm. A conviction may result in up to 10 years in federal prison, substantial fines, and supervised release following imprisonment.
What is the mandatory minimum sentence under 18 U.S.C. §924(c)?
Firearm use during a crime of violence
If a person uses or carries a firearm during a federal crime of violence or drug trafficking offense, they may face a mandatory minimum prison sentence of five years. The sentence increases if the firearm was brandished, discharged, or if certain types of firearms were involved.
When does a gun crime become a federal case?
Federal jurisdiction for firearm offenses
A gun offense may become a federal case when the firearm was transported across state lines, used in connection with a federal crime, possessed by a prohibited person, or involved in trafficking or unlawful firearm sales.
Which federal agencies investigate gun crimes?
Federal law enforcement involvement
Federal firearm investigations are commonly conducted by agencies such as the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), and Homeland Security Investigations.
Can federal gun charges be dismissed?
Possible defense strategies
Yes. Federal gun charges may be dismissed or reduced if the prosecution cannot prove the required elements of the offense or if constitutional violations occurred during the investigation, such as illegal searches or unlawful arrests.
Contact a Federal Weapons Crimes Defense Lawyer
If you are facing federal weapons charges, the stakes are extremely high. A conviction could lead to years in federal prison, significant fines, and long-term consequences.
An experienced federal criminal defense attorney can review your case, explain your legal options, and aggressively defend your rights in federal court. Early legal intervention can make a critical difference in the outcome of your case.
The cost of hiring a good federal criminal defense attorney varies depending on factors like the complexity of your case, the amount of evidence involved, the experience level of your legal team, whether your case can be settled before trial, and the location where your case is tried.
Eisner Gorin LLP is here to help. Schedule your consultation by calling (818) 781-1570 or using the contact form. Our law firm is based in Los Angeles.
Real Case Results
No gun charges filed after search warrants and multiple arrests: A joint state and federal task force investigation targeting our client resulted in several arrests. However, because of reasonable doubt issues raised with Pasadena PD, the case was closed without formal charges in either state or federal court. The client was not charged at the arraignment, despite posting a $100,000 bail bond at the time of arrest.