Examples:

• • John, who was convicted of felony assault 10 years ago, was charged under 922(g) when police found a pistol in his car during a traffic stop.
  • During a drug bust, Sarah was accused of violating 924(c) for having a gun in her purse while selling meth to an undercover officer.
  • Mike faces charges under 922(a)(6) for misrepresenting his criminal history on a gun purchase background check form.
  • ATF agents raided Jim’s home and charged him under the NFA after finding several unregistered silencers and a sawed-off shotgun.
  • Lori was indicted under 922(d) for selling several handguns to a neighbor she knew was a convicted drug dealer.

How to Proceed:

• • Learn the specific elements the government must prove for the firearms offense you’re facing and start building your defense.
  • Examine the facts of your arrest or charge for potential constitutional violations, such as an illegal search or false statements to law enforcement.
  • Gather records showing your firearm was legally purchased, registered or possessed to undermine the prosecution’s case.
  • Identify evidence that may support an affirmative defense, such as possessing the gun under duress or for sporting purposes.
  • Consult a federal firearms attorney to analyze the strength of the case, explain your options and start negotiating with the prosecutor.

FAQs:

• • Can I ever legally possess a gun if I’m a convicted felon? It depends – federal law bans possession unless your rights are restored by your state, you’re pardoned, or your conviction is expunged.
  • Is it illegal to simply carry a gun during a crime even if I didn’t use it? Yes, 924(c) only requires that the firearm was possessed in relation to the underlying crime – actual use isn’t necessary.
  • How severe is the penalty for falsifying information on a gun application form? Up to 10 years in federal prison and/or a fine, though sentences vary based on criminal history and other factors.
  • Are there any federal laws restricting assault weapons or high-capacity magazines? The federal “assault weapons ban” expired in 2004, but many states have enacted similar laws.
  • Can I be charged with a federal gun crime even if I never leave my home state? Yes, the feds can take jurisdiction if the gun or any parts crossed state lines or the offense involves federal licensees.

Examples:

• • Eric was sentenced to 5 years in federal prison for being a felon-in-possession under the guidelines for his criminal history level.
  • After her conviction for lying on a gun form, Amy found it impossible to pursue her teaching career because of the felony record.
  • In addition to prison time, Stephen was fined $20,000 and required to forfeit several expensive firearms seized during his arrest.
  • Following his 7-year sentence, James will be on supervised release for 3 years with drug testing, location monitoring, and firearm prohibitions.
  • Because the gun Brian possessed was stolen, his sentencing guideline range was increased by 2 levels, adding about 2 extra years.

How to Proceed:

• • Analyze the federal sentencing guidelines to calculate the likely prison range you’re facing if convicted of the firearms charge.
  • Research any mandatory minimum statutes that may apply to restrict the judge’s sentencing discretion and require imprisonment.
  • Determine if you’re eligible for a guideline reduction through “safety valve” provisions, a minimal participant role, or acceptance of responsibility.
  • Gather mitigating evidence to argue for a downward sentencing departure or the lowest end of the guideline range.
  • Discuss the pros and cons of pleading guilty versus trial and the benefits of cooperation with your attorney.

FAQs:

• • Do federal sentences allow parole? No, parole was eliminated for federal crimes in 1987. You must serve at least 85% of the prison term before release.
  • Is there a mandatory minimum for felon-in-possession? The statutory range is 0-10 years but the guidelines provide for 15-21 months or more depending on your record.
  • Can the court restrict gun possession as a condition of pretrial release? Yes, and violating that condition can lead to immediate detention and more charges.
  • Will I be sent to a federal prison far away? The BOP tries to keep inmates within 500 miles of family but prison designation depends on many factors like overcrowding.
  • Can any of these gun convictions be expunged later? Expungement is not available for federal convictions – the felony record is permanent unless you’re pardoned.

Examples:

• • When ATF agents asked to question Rick about guns found in his garage, he firmly said “I’m invoking my right to remain silent” and ended the interrogation.
  • Maria knew she couldn’t handle federal charges alone, so she immediately retained a seasoned weapons attorney to develop an aggressive defense strategy.
  • Ken’s lawyer dug into the evidence, revealing that a key witness had recanted and the recovered guns hadn’t been properly traced to Ken.
  • Casey’s attorney argued that the gun found under her bed should be suppressed because the search warrant application lacked probable cause.
  • At Tom’s bond hearing, his lawyer presented strong family ties, stable employment, and minimal criminal history to win his pretrial release.

How to Proceed:

• • If you’re arrested, tell police you’re invoking your right to silence and to an attorney – do not discuss your case with cellmates or on jail calls.
  • Research top-rated federal criminal defense firms and schedule consultations to find an attorney you trust to fight for you.
  • Give your lawyer access to all evidence, even if it seems damaging, so they can properly assess the government’s case and mount your defense.
  • File a motion to suppress if you believe police searched you illegally or coerced your statements in violation of your constitutional rights.
  • Work with your attorney to gather character references, employment records, and other positive info to support pretrial release on bond.

FAQs:

• • Should I just explain my side of the story to agents? No, you have the right to stay silent for a reason – your statements will only be used against you. Remain calm but firm in requesting a lawyer.
  • How can I verify an attorney’s experience? Ask about their specific federal weapons case history, how many they’ve taken to trial, and what outcomes they’ve achieved.
  • Can I access the prosecution’s evidence? Yes, your attorney will file discovery motions to obtain police reports, lab tests, and other evidence the government plans to use.
  • What if police didn’t read me my Miranda rights? Failure to Mirandize can get statements suppressed, but it doesn’t automatically make evidence inadmissible.
  • How soon after my arrest will I get a bond hearing? The court must generally set a detention hearing within 3-5 days of your initial appearance, unless you or the government seeks a continuance.

Examples:

• • Paul’s lawyer got his gun charges dropped after arguing that police illegally searched his car without a warrant or probable cause.
  • At trial, Vanessa’s attorney hammered on inconsistencies in federal agents’ stories, arguing they couldn’t prove beyond a doubt that she knew about the gun.
  • Jeffrey raised a necessity defense, asserting he only grabbed the gun to defend himself and others from an armed attacker in the heat of the moment.
  • Stacy’s lawyer negotiated her 924(c) charge down to simple possession, arguing that the government lacked solid proof she actually used the gun.
  • At sentencing, Luke’s attorney cited his military service, family hardship, and rehabilitation efforts to convince the judge to vary below the guidelines.

How to Proceed:

• • Collaborate closely with your lawyer to review all discovery for gaps in the evidence or signs that your rights were violated.
  • Insist that your attorney file a motion to dismiss the indictment if the government’s evidence is too weak to sustain a conviction.
  • Research legal defenses that may apply to your case, like possessing the gun under duress or not knowing it was actually a firearm.
  • If a plea is advisable, have your lawyer aggressively negotiate for dismissal of counts, a lower offense level, or a favorable sentencing recommendation.
  • Provide your attorney with a detailed personal history and any mitigating factors to argue for the most lenient sentence possible.

FAQs:

• • Can I get my federal gun case dismissed? It’s possible if your rights were seriously violated or the evidence is too flimsy, but dismissals are quite rare in federal court.
  • What if the firearm wasn’t mine? The government must show you knowingly possessed the gun either actually or constructively (access and intent to control).
  • Does pleading guilty improve my case outcome? It depends, but pleading often leads to a lower offense level and sentencing range than if you lost at trial.
  • Are there any alternatives to prison? Federal guidelines allow probation, home detention or intermittent confinement in certain lower-risk cases.
  • What factors can push my sentence higher? Prior felonies, using or brandishing the gun, obliterated serial numbers, trafficking, stolen weapons and other enhancements.

Questions: Federal Gun Charges Basics

• • 1. Which of the following is NOT a federal firearms offense?
    • A) Felon possessing a firearm.
    • B) Unlicensed firearm sales
    • C) Possessing an unregistered machine gun
    • D) Carrying a gun in a school zone
  • 2. Under federal law, who is considered a “prohibited person” barred from possessing guns?
    • A) Anyone convicted of a felony
    • B) Fugitives from justice
    • C) Illegal drug users
    • D) All of the above
  • 3. Which of these is a common federal gun possession charge?
    • A) Felon in possession under 18 U.S.C. § 922(g)
    • B) Knowingly selling to a prohibited person under 922(d)
    • C) Possessing an unregistered NFA firearm under 26 U.S.C. § 5861
    • D) All of the above
  • 4. What’s the most severe federal gun charge in terms of mandatory prison time?
    • A) Gun sales without license
    • B) Firearm possession with obliterated serial number
    • C) Gun use during a drug trafficking crime or violent felony
    • D) Interstate gun trafficking
  • 5. Who investigates and prosecutes federal firearms offenses?
    • A) Federal Bureau of Investigation (FBI)
    • B) Drug Enforcement Administration (DEA)
    • C) Alcohol, Tobacco, Firearms and Explosives Bureau (ATF)
    • D) United States Secret Service (USSS)

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