Federal Gun Charges

Federal gun and ammunition charges are harsh. These charges are especially harsh because they can result in long jail sentences. Some of the most common federal gun charges are:

Possession of a firearm by a prohibited person (18 U.S.C. § 922 (g))

It is illegal for a prohibited person to possess a firearm or ammunition. While the most common charge under this statute is possession of a firearm by a felon, there are several other prohibited persons under the statute. A prohibited person is also:

a person that is a fugitive,
a drug addict or unlawful drug user,
a person that has been adjudicated mentally defective or who has been committed to a mental institution,
an illegal alien
a person that has renounced their United States citizenship,
a person that has been convicted of a misdemeanor crime of domestic violence
a person who received a dishonorable discharge from the Armed Forces,

A person charged with possession of a firearm by a prohibited person, faces up to 15 years in federal prison.

Possession of a firearm in furtherance of a drug trafficking crime, or crime of violence (18 U.S.C. § 924(c))

Viewed as the harshest federal gun charge, possession of a firearm in furtherance of a drug trafficking crime or crime of violence, carries a mandatory, consecutive, sentence of a minimum 5 years in federal prison. Federal prosecutors often use this charge as a threat in order to pressure defendants to plead guilty. A conviction under this statute has serious, adverse consequences. One of the main consequences is that a person convicted under this statute is not eligible to earn time off of their sentence, under the First Step Act.

Receipt of a firearm or ammunition by a person under indictment (18 U.S.C. § 922(n))

Simply put, if you have a pending felony case, you cannot have a gun or ammunition (bullets). The use of this charge is always strategic, especially considering that most state courts don’t appropriately notify a person on probation or bond, that they cannot possess a firearm.

Making a false statement when purchasing a firearm from a licensed dealer (18. U.S.C. 922 (a)(6))

Lying on a federal firearms application (ATF Form 4473) is an extremely serious offense. This charge is commonly used when a person purchases a firearm on behalf of someone else. This is more commonly referred to as a “straw purchase.” Straw purchasers face serious consequences ranging from the loss of their own firearm rights to prison.

This charge is often coupled with the offense of making a false statement with respect to information required to be kept in the records of a federally licensed firearms dealer, in violation of 18 U.S.C. §§ 924(a (1)(A) and 2.

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