Firearms-related charges are among the most common categories in Federal Court, particularly when tied to other alleged criminal conduct. Federal gun laws differ significantly from state firearm laws and often involve complex statutory definitions.

Typical federal firearms charges include:

**Felon in possession of a firearm** under 18 U.S.C. § 922(g)

**Possession of an unregistered or prohibited firearm** under 26 U.S.C. § 5861

**Firearms trafficking**

**Use or possession of a firearm in furtherance of a federal crime** under 18 U.S.C. § 924(c)

Convictions may trigger mandatory minimums and sentencing enhancements under the U.S. Sentencing Guidelines.

18 U.S.C. § 922(g) makes it a federal crime for certain categories of persons to possess or receive a firearm or ammunition. Punishable by up to 10 years imprisonment. May receive a minimum sentence of 15 years without parole if the offender has three or more prior convictions for a felony crime of violence (e.g., burglary, robbery, assault, possession of offensive weapons) and/or drug trafficking felony.

The elements the government must prove are:

**A. Possession or receipt of a firearm or ammunition;**

• Felon — Additionally, persons awaiting trial on felony charges are prohibited from receiving firearms.

• Drug user or addict — Often shown where paraphernalia is seized, subject tests positive for drugs, and/or subject claims drugs were possessed for personal use.

• Alien — Includes illegal aliens and aliens lawfully admitted under non-immigrant visas (those not admitted for permanent residence). This provision does not prohibit aliens who lawfully possess a “green card” from possessing guns or ammunition.

• Subject to a domestic restraining order — The order must prohibit contact with an intimate partner or child, must have been issued after a hearing of which the subject was notified and at which the subject had an opportunity to participate, and must find the subject poses a threat to physical safety or must prohibit the use of physical force.

• Prior conviction for domestic assault — Includes a prior conviction for any assault or threatened use of a deadly weapon against a present or former spouse, partner, child, or guardian. The subject must have been entitled to a jury trial and been represented by counsel or have waived those rights.

• Fugitive from justice — Fled any state to avoid being prosecuted or to avoid testifying in any criminal proceeding.

• Dishonorably discharged from the military.

**C. The firearm or ammunition was transported across a state line at any time.**

18 U.S.C. § 924(c) makes it a separate federal offense to use, carry, or possess a firearm in relation to or in furtherance of a drug felony or a federal crime of violence.

Punishment ranges from at least 5 years up to life imprisonment, without parole, or death if death results from use of the firearm. The sentence must be served consecutive to any other sentence.

Mandatory minimum sentence increases depending upon:

• The type of firearm involved (sawed-off gun, silencer, etc.)

• Whether more than one offense was committed

• Whether the gun was simply possessed, was brandished, or was discharged

This is one of the most severe federal firearms statutes because it stacks on top of the underlying offense and cannot run concurrently.

These statutes make it a federal crime to knowingly possess or manufacture certain prohibited weapons. Punishable by up to 5 or 10 years imprisonment, depending upon the specific violation.

Prohibited items include:

• Any machine gun, fully automatic firearm, or any part designed exclusively for use in such weapon

• Any firearm silencer, including any device or part designed to silence, muffle, or diminish the report of a firearm

• Sawed-off shotgun with a barrel length of less than 18″ or overall length less than 26″

• Sawed-off rifle with a barrel length of less than 16″ or overall length less than 26″

• Destructive device

• Semi-automatic assault weapon manufactured after October 1, 1993

• Any firearm with an altered, removed, or obliterated serial number