Federal gun charges are serious offenses that often carry severe penalties. There are also lasting effects of being charged, convicted, or investigated under these crimes. A charge/conviction, for example, can impact your career, any professional licensing that you hold, school, and your activities within your community. If you or a loved one is facing such charges, it is crucial to communicate with a skilled attorney so you can understand the laws, potential consequences, and options for defense. It is imperative that that you do not attempt to address the matter on your own. At Garland, Samuel & Loeb, P.C., we have decades of experience handling complex federal cases, including firearm offenses and how they are connected to other federal charges. Here is some information to help you better understand your potential situation.
What Are Federal Gun Charges and How Are They Fought?
A firearm is any weapon (including a starter gun) which will expel a projectile by means of an explosive or is designed or may be readily converted to do so. This includes the frame or receiver of any such weapon, any firearm muffler or silencer or any destructive device. A “destructive device” includes any explosive, incendiary or poison gas—(i)bomb; (ii) grenade or (iii) similar device, or any combination of parts designed or intended to be converted into a destructive device, or from which a destructive device may be readily assembled. Does not include black powder or antique type firearms. See 18 USC § 921(3).
Federal gun charges involve violations of firearm laws under the U.S. Code, most notably those outlined in the Gun Control Act and the National Firearms Act. Common charges include:
- Possession of a firearm by a prohibited person (e.g., felons or individuals under restraining orders).
- Use of a firearm during a drug trafficking crime or violent offense.
- Interstate firearm trafficking.
- Illegal possession of unregistered firearms, such as sawed-off shotguns or silencers.
- Offenses that include altering a firearm (for example, removing a serial number and modifying the gun to make it fully automatic; see 18 USC § 922(k), (o) & (v); 26 USC § 5861.)
Keep in mind that firearm offenses may be added to other charges with the effect of an increase in the potential exposure with an elevated sentence and length of incarceration. Essentially, these are the numerous offenses that can also include enhancements if a firearm is alleged to have been involved or connected to the underlying offense, like a drug offense. See §§ 18 U.S.C. 922 and 924. These categories of crimes can carry high sentences and mandatory minimum terms of incarceration or an added term of incarceration to an original sentence.
There are a vast number of strategies that attorneys may use the defend your case. However, defense strategies for federal gun charges depend heavily on the specifics of your case. The nuances of the defense can be dependent on the actual charge, if it is connected to another offense and is used as an enhancement, how the case was initiated, the type of investigation, possible co-defendants, criminal history and the specifics of past allegations, etc. Under no circumstances should you represent yourself and you should speak to a skilled attorney who is experienced specifically in federal court. An experienced federal defense attorney will thoroughly investigate the case, understands federal investigations and the implications of a federal prosecution, identify procedural violations and federal laws, and work to weaken the prosecution's argument through a variety of methods, research, and negotiation.
How Much Time Could You Face for a Federal Gun Charge?
Federal firearm charges carry significant penalties, including:
- Possession of a firearm by a prohibited person: Up to 10 years in prison. See 18 USC § 922 (d), (g) & (n), or in a prohibited location, like a school zone. See 18 USC § 922(q)(2)(A).
- Use of a firearm during a crime of violence or drug trafficking: A mandatory minimum of 5 years, t to life depending on circumstances.. For example, one can face a 30 year enhancement for the use of a machine gun or a silencer during the commission of a drug offense or a crime of violence. Keep in mind, this 30 year enhancement is in additional to the sentence of the original offense or offenses. See§§ 18 U.S.C. 922 and 924, specifically 924(c)(1)(B)(2). For more information on drug offense and penalties, please click here: https://gsllaw.com/practices/drug-trafficking.
- Firearm trafficking: Sentences vary widely but often include substantial prison time depending on the circumstance of the case. See 18 U.S.C. § 933.
The penalties are influenced by numerous factors. So examples of those factors are prior criminal history, the presence of aggravating circumstances, and mandatory minimum sentencing guidelines.
Can Federal Gun Charges Be Expunged or Penalties Reduced?
Federal convictions are not easily expunged, as federal law does not offer a general process for expungement. However, options for reducing penalties include:
- Fighting the specifics of your case: Such as challenges to the search, arrest, indictment, etc.
- Cooperation with authorities (in certain cases).
- Post-conviction relief: Filing an appeal or pursuing a sentence reduction based on changes in federal laws, such as retroactive amendments to sentencing guidelines.
- Compassionate release: Available for individuals facing extraordinary circumstances, such as terminal illness.
Seeking legal counsel is critical to exploring every avenue for minimizing the impact of a conviction.
What Makes a Gun Case Go Federal?
There are many factors that could land a case in federal court as opposed to state court. Generally, a gun case typically goes federal if it involves:
- Interstate commerce: If a firearm crosses state lines, federal jurisdiction often applies.
- Federal laws: Violations of federal statutes, such as possession of an unregistered firearm, fall under federal authority.
- Other federal offenses: Firearm charges connected to drug trafficking or organized crime frequently become federal cases.
Additionally, federal prosecutors often take cases involving large-scale firearm trafficking or violent offenses with a substantial impact on public safety. However, just because a case is not “large-scale” does not mean that it will not be prosecuted federally. For more information about general firearms offense in state and federal court, visit our Firearm Offenses information page here: https://gsllaw.com/practices/serious-felonies.
Do the Feds Ever Drop a Case?
Federal prosecutors rarely drop cases, particularly once charges are filed. Generally, federal investigations are lengthy and have months, possibly years, invested before a formal prosecution is initiated. However, dismissal may still be possible if:
- Evidence is inadmissible or insufficient.
- Key witnesses are unavailable or unreliable.
- Procedural errors significantly compromise the case.
- Charges may be dropped through participation in pre-trial diversion when there are significant mitigating factors which are effectively prepared and presented to the Government by a skilled lawyer.
Of course, there are numerous other factors that could lead to the dismissal of a federal case but each factor is very specific and depends on the facts of the particular case.
How Likely Is It to Win a Federal Gun Case?
A “win” in a federal case has a variety of meanings. That can be a dismissal, a successful negotiation, significantly reduced charges, successful pretrial motions, or a trial. Winning a federal gun case depends on the strength of your defense, the specifics of the allegations, and the evidence against you. Generally, the goal of the defense is to get a client out of the threat of significant terms of incarceration and achieve the best possible outcome. Success often hinges on:
- Challenging constitutional violations, such as unlawful searches or arrests.
- Weakening the prosecution’s evidence through thorough cross-examination and expert testimony.
- Leveraging procedural errors or inconsistencies to your advantage.
A skilled attorney with extensive federal trial experience can greatly improve your chances of a favorable outcome. Assuming you or someone you know is convicted of a federal firearms offense—and that may be through a plea deal or a guilty verdict after trial—there are numerous resources for an appeal. For more information on appeals and the process, visit our appeal information pages for Habeas Corpus and Criminal Appeals.
If You Or A Loved One Are Facing Gun Charges, Contact Garland, Samuel & Loeb:
Facing federal gun charges is a daunting experience, but you don’t have to face it alone. At Garland, Samuel & Loeb, P.C., our attorneys have a long history of achieving successful outcomes in complex criminal cases at both the state and federal levels. We bring unparalleled trial expertise, fearless advocacy, and innovative legal strategies to every case.
Let us fight for your rights and help you navigate this challenging legal process. For more information about the defense of firearm charges, visit our Firearm Offenses Practice Page.
