Federal Firearms Charges
When it comes to federal firearms charges, the stakes couldn’t be higher. The federal government takes gun crimes seriously, and prosecutors aggressively pursue convictions—often pushing for mandatory prison time, steep fines, and lifelong restrictions on your rights.
Whether you’re accused of illegal possession, firearm trafficking, or carrying a weapon during another crime, you’re facing penalties that could change your future forever.
If you’ve been accused of illegal possession, firearm trafficking, or using a gun in connection with another crime, you’re facing the full weight of the federal government.
At the Federal Criminal Defense Law Firm Simko Law Group, we know that facing federal gun charges doesn’t make you a criminal—it makes you a target. And when the government is aiming to take away your freedom, you need a defense team that knows how to fight back. We’ll push for every possible advantage to protect your rights and your future.
Types of Federal Firearms Charges
Federal firearm laws are strict, and a single charge can lead to years in federal prison. Under 18 U.S.C. § 922 these are some of the most common federal gun offenses:
- Possession of a Firearm by a Prohibited Person – It’s illegal for felons, drug users, domestic violence offenders, and others to own or possess a firearm.
- Illegal Sale or Trafficking of Firearms – Selling or transferring firearms without a proper license or to prohibited individuals is a serious federal crime.
- Possession of a Firearm in Connection with a Crime – Carrying or using a gun while committing a drug trafficking or violent crime results in mandatory prison time.
- Unlawful Possession of a Firearm Without a Permit – While some states require permits for gun ownership, federal law generally applies only in specific circumstances (e.g., possession by prohibited individuals).
- Possession of an Unregistered Firearm – Machine guns, short-barreled rifles, silencers, and other weapons regulated under the National Firearms Act (NFA) must be registered.
- Smuggling or Importing Firearms Illegally – Bringing firearms into the U.S. without proper authorization is a serious federal offense.
Penalties for Federal Firearms Convictions
Federal gun crimes carry some of the harshest penalties in the U.S. legal system, including mandatory minimum sentences. The severity of your punishment depends on the charge, your criminal history, and whether the firearm was used in another crime.
See the table below to understand what you’re up against.
Federal Firearms Sentencing Guidelines
| Charge | Minimum Sentence | Maximum Sentence |
|---|---|---|
| Possession by a Prohibited Person | Up to 10 years | 10 years |
| Illegal Sale or Trafficking | Up to 5 years | 10 years |
| Possession During Drug Crime/Violent Felony | 5 years mandatory | Life |
| Possession of Unregistered NFA Firearm | Up to 10 years | 10 years |
| Smuggling Firearms | Up to 10 years | 10 years |
Certain aggravating factors—such as prior felony convictions, large-scale trafficking, or possession of firearms in restricted areas—can increase your sentence significantly.
The Federal Legal Process for Firearms Cases
- Investigation. Agencies like the ATF, FBI, and Homeland Security conduct extensive investigations before filing charges.
- Arrest and Indictment. Federal prosecutors secure an indictment through a grand jury before making an arrest.
- Arraignment and Bail. A judge determines bail, but federal firearm offenses often result in pretrial detention due to their severity.
- Pretrial Motions. Defense attorneys challenge evidence, question police procedures, and file motions to suppress illegally obtained evidence.
- Plea Bargain or Trial. Many federal gun cases end in plea deals, but a strong defense can expose weaknesses in the prosecution’s case and propel it onwards to trial.
- Sentencing. Convictions result in lengthy prison terms based on federal guidelines.
Potential Defense Strategies for Federal Firearms Charges
Facing these charges doesn’t mean you’ll automatically serve a prison sentence. Some of the best legal defenses include:
- Challenging illegal searches and seizures – If law enforcement officials violated your Fourth Amendment rights, we can argue to have evidence thrown out.
- Proving lack of intent or knowledge – If you didn’t know you possessed a firearm, or weren’t aware of restrictions, your case may be dismissed.
- Questioning ATF and law enforcement actions – If entrapment or constitutional violations occurred, your charges may not stand.
- Negotiating less severe charges – In some cases, a possession charge can be reduced to a regulatory violation with lighter penalties.
How a Federal Firearms Defense Lawyer Can Make Or Break Your Case
Federal firearm cases are complex, and prosecutors push for the toughest sentences possible. If you’re facing charges, you need an attorney who:
- Understands federal gun laws inside and out and knows how to exploit weaknesses in the prosecution’s case.
- Has a track record of challenging investigations and law enforcement overreach to get charges reduced or dismissed.
- Knows how to negotiate effectively to minimize penalties and fight against mandatory minimum sentences.
- Will aggressively defend your rights in court and leave no stone unturned to secure the best outcome possible.
At Simko Law Group, we leverage our extensive knowledge of federal courts to defend against serious federal firearms charges, and more importantly, help you avoid long prison sentences. Don’t wait to build your defense—call us today at (561) 951-1264.
Federal Firearms Charges FAQs
How do federal firearms charges differ from state charges?
Federal charges apply when a firearm offense involves interstate activity, federal property, or prohibited individuals, and they often carry harsher penalties than state charges.
Are there federal charges for carrying a gun without a permit?
Yes, but typically only under specific circumstances, such as carrying in restricted federal areas or by individuals prohibited from possessing firearms under 18 U.S.C. § 922(g).
Can an attorney negotiate reduced charges in a federal gun case?
Yes, a skilled lawyer can challenge evidence, negotiate plea deals, and seek sentence reductions depending on the facts of your case.
Facing federal firearms charges? You need a defense team that fights aggressively and knows how to win. With federal prosecutors pushing for maximum sentences, waiting to act could cost you everything.
Call Federal Defense Lawyer Andrew Simko at the Simko Law Group today at (561) 951-1264 for your free consultation. Your freedom is worth fighting for.