FederalGun Charges
Experienced federal defense against firearm possession, trafficking, and mandatory minimum gun charges under federal law.
Federal firearms charges under 18 U.S.C. § 922 and related statutes carry severe mandatory minimum sentences and can result in decades of imprisonment. These prosecutions target prohibited persons who possess firearms, individuals who traffic in firearms across state lines, those who possess firearms in furtherance of drug trafficking or violent crimes, and many other firearm-related offenses. Federal gun charges are often pursued even when parallel state charges could be filed, particularly when the case involves career criminals, gang activity, or large-scale firearms trafficking.
The Law Offices of Matthew Cohan provides experienced criminal defense representation for individuals facing federal firearms charges in New York and New Jersey. Our team includes a former prosecutor who understands how federal authorities build gun cases and what defense strategies can be most effective. Call us today for a free consultation to discuss your case.
Understanding Federal Firearms Law: 18 U.S.C. § 922
The federal government regulates firearms primarily through the Gun Control Act of 1968, codified at 18 U.S.C. §§ 921-931. The core criminal provisions are found in § 922, which prohibits numerous categories of conduct related to firearms. Federal prosecutors have broad discretion to bring charges under these statutes, and federal gun prosecutions have increased significantly in recent years as part of initiatives targeting violent crime and illegal firearms trafficking.
18 U.S.C. § 922(g): Prohibited Persons
The most commonly charged federal gun offense is unlawful possession of a firearm by a prohibited person under 18 U.S.C. § 922(g). This statute makes it unlawful for certain categories of individuals to ship, transport, possess, or receive firearms or ammunition in or affecting interstate commerce. The prohibited categories include convicted felons, fugitives from justice, unlawful users of or persons addicted to controlled substances, persons adjudicated as mental defectives or committed to mental institutions, illegal aliens and nonimmigrants (with certain exceptions), persons dishonorably discharged from the armed forces, persons who have renounced their United States citizenship, persons subject to certain domestic violence restraining orders, and persons convicted of misdemeanor crimes of domestic violence.
By far the most common charge is § 922(g)(1), which prohibits convicted felons from possessing firearms. A person is considered a convicted felon under federal law if they have been convicted in any court of a crime punishable by imprisonment for more than one year. This includes federal felonies, state felonies, and even some state misdemeanors if the maximum possible sentence exceeded one year regardless of the actual sentence imposed.
18 U.S.C. § 922(k): Possession of Firearms with Obliterated Serial Numbers
Section 922(k) makes it unlawful to possess firearms with altered, obliterated, or removed serial numbers. This provision is designed to combat trafficking in untraceable firearms. Prosecutors often charge this offense in addition to felon in possession charges when the seized firearm has a defaced serial number.
18 U.S.C. § 922(q): Possession of Firearms in School Zones
Section 922(q) prohibits knowing possession of firearms in school zones, defined as within 1,000 feet of school grounds. This provision applies even to individuals who are not otherwise prohibited from possessing firearms, though it contains exceptions for individuals with state-issued carry licenses and for firearms on private property.
18 U.S.C. § 922(o): Machine Guns
Section 922(o) makes it unlawful to transfer or possess machine guns, with limited exceptions for firearms lawfully possessed before May 19, 1986, and for certain government and law enforcement purposes. This provision is charged when defendants possess fully automatic weapons or devices that convert semi-automatic weapons to fully automatic fire.
18 U.S.C. § 922(a): Unlicensed Dealing in Firearms
Section 922(a)(1)(A) makes it unlawful to engage in the business of dealing in firearms without a federal firearms license. This provision targets individuals who sell firearms as a business rather than from personal collections. Determining whether someone is engaged in the business of dealing can be a complex factual question that depends on factors such as the volume of sales, whether the person holds himself out as a dealer, and profit motive.
To convict a defendant under 18 U.S.C. § 922(g)(1), the most common federal gun charge, the government must prove three elements beyond a reasonable doubt.
Prior Felony Conviction:
The defendant must have been previously convicted in any court of a crime punishable by imprisonment for more than one year. The government typically proves this element through certified copies of conviction records, judgment and commitment orders, or other court documents establishing the prior conviction. The prior conviction must have occurred before the defendant possessed the firearm charged in the current case.
The definition of qualifying conviction is broad. It includes any federal felony or state felony, regardless of whether it involved violence. It also includes certain state misdemeanors if the maximum possible sentence exceeded one year, even if the defendant actually received a shorter sentence or probation. Some states classify offenses as misdemeanors despite authorizing prison terms exceeding one year, and these convictions qualify as predicate offenses under federal law.
Certain convictions do not qualify as predicates. Business-related offenses such as antitrust violations and restraints of trade are excluded. Convictions that have been expunged, set aside, or for which civil rights have been restored may not qualify, though the rules regarding restoration of rights are complex and vary by jurisdiction.
Prior Felony Conviction:
The defendant must have been previously convicted in any court of a crime punishable by imprisonment for more than one year. The government typically proves this element through certified copies of conviction records, judgment and commitment orders, or other court documents establishing the prior conviction. The prior conviction must have occurred before the defendant possessed the firearm charged in the current case.
The definition of qualifying conviction is broad. It includes any federal felony or state felony, regardless of whether it involved violence. It also includes certain state misdemeanors if the maximum possible sentence exceeded one year, even if the defendant actually received a shorter sentence or probation. Some states classify offenses as misdemeanors despite authorizing prison terms exceeding one year, and these convictions qualify as predicate offenses under federal law.
Certain convictions do not qualify as predicates. Business-related offenses such as antitrust violations and restraints of trade are excluded. Convictions that have been expunged, set aside, or for which civil rights have been restored may not qualify, though the rules regarding restoration of rights are complex and vary by jurisdiction.
Knowing Possession:
The defendant must have knowingly possessed a firearm or ammunition. Possession can be actual or constructive. Actual possession means having physical custody of the firearm, such as carrying it on one's person or in a vehicle. Constructive possession means having dominion and control over the firearm even if not in direct physical possession, such as having a firearm in one's home or vehicle.
The government must prove the defendant knew he or she possessed the firearm, but need not prove the defendant knew possessing it was illegal. Willful blindness can satisfy the knowledge requirement. If a defendant took deliberate actions to avoid learning about the presence of a firearm while suspecting one was present, that can constitute knowing possession.
In cases involving constructive possession, the government must prove the defendant had both knowledge of the firearm's presence and the ability to exercise control over it. Joint occupancy of a location where a firearm is found is not alone sufficient to prove constructive possession; the government must show the defendant had dominion and control over the specific location where the firearm was found.
Interstate Commerce Connection:
The firearm or ammunition must have traveled in or affected interstate commerce at some point. This jurisdictional element is almost always satisfied because virtually all firearms and ammunition are manufactured or distributed across state lines at some point in their existence. The government need not prove the defendant personally transported the firearm across state lines, only that the firearm itself previously traveled in interstate commerce.
Federal prosecutors typically prove this element through testimony from firearms examiners or ATF agents who testify that the firearm was manufactured outside the state where it was possessed or that the manufacturer is located in a different state. In practice, this element is rarely contested because it is so easily proven.
Mandatory Minimum Sentences Under the Armed Career Criminal Act
The Armed Career Criminal Act (ACCA), codified at 18 U.S.C. § 924(e), imposes a mandatory minimum sentence of 15 years imprisonment for defendants convicted under § 922(g) who have three or more prior convictions for serious drug offenses or violent felonies. This enhancement can dramatically increase a defendant's sentence from a statutory maximum of 10 years to a mandatory minimum of 15 years and a maximum of life imprisonment.
Qualifying Prior Convictions:
To trigger the ACCA enhancement, the defendant must have three prior convictions for serious drug offenses or violent felonies that were committed on occasions different from one another. Serious drug offenses are offenses under state or federal law involving manufacturing, distributing, or possessing with intent to distribute controlled substances, for which a maximum sentence of 10 years or more is authorized.
Violent felonies are defined as offenses that have as an element the use, attempted use, or threatened use of physical force against the person of another, or are burglary, arson, extortion, or offenses involving use of explosives. The definition of violent felony has been the subject of extensive litigation, including several Supreme Court decisions that have narrowed the scope of qualifying offenses.
Sentencing Impact:
The ACCA mandatory minimum of 15 years applies in addition to the base offense under § 922(g). The sentencing guidelines also impose substantial enhancements for ACCA-qualifying defendants. These provisions can result in sentences exceeding 20 years for simple possession of a firearm by someone with the wrong criminal history.
The severity of ACCA sentences reflects congressional determination to target repeat violent offenders and career criminals. However, the statute has been criticized for sweeping in defendants whose prior convictions, while technically qualifying, do not reflect the dangerousness the statute was designed to address.
Additional Mandatory Minimums Under 18 U.S.C. § 924(c)
Beyond the ACCA enhancement, federal law imposes additional mandatory minimum sentences when firearms are possessed or used in connection with drug trafficking crimes or crimes of violence under 18 U.S.C. § 924(c).
Elements of § 924(c):
Section 924(c)(1)(A) makes it unlawful to use or carry a firearm during and in relation to any crime of violence or drug trafficking crime, or to possess a firearm in furtherance of such crime. The government must prove the defendant committed or attempted to commit a qualifying predicate offense (drug trafficking or crime of violence) and used, carried, or possessed a firearm during and in relation to or in furtherance of that offense.
Mandatory Minimum Sentences:
A violation of § 924(c) carries a mandatory minimum sentence of 5 years imprisonment if the defendant used or carried a firearm, 7 years if the firearm was brandished, or 10 years if the firearm was discharged. If the firearm is a short-barreled rifle, short-barreled shotgun, or semi-automatic assault weapon, the mandatory minimum is 10 years. If the firearm is a machine gun or destructive device, or is equipped with a silencer or muffler, the mandatory minimum is 30 years.
These sentences must be imposed consecutively to any sentence for the underlying drug trafficking or violent crime. This means they are added on top of whatever sentence the defendant receives for the predicate offense. A defendant convicted of drug trafficking carrying a 10-year sentence who also violated § 924(c) by possessing a firearm in furtherance of the drug crime must receive at least 15 years total imprisonment (10 years for drug trafficking plus 5 years consecutive for the § 924(c) violation).
Second or Subsequent Convictions:
If the defendant has a prior § 924(c) conviction, any subsequent § 924(c) conviction carries a mandatory minimum of 25 years imprisonment, consecutive to all other sentences. This "stacking" provision can result in extraordinarily long sentences for defendants with multiple § 924(c) convictions.
Penalties for Federal Firearms Offenses
Federal firearms offenses carry substantial penalties that vary depending on the specific statute violated and the defendant's criminal history.
18 U.S.C. § 922(g) Penalties:
A conviction for being a felon in possession of a firearm under § 922(g) carries a maximum sentence of 10 years imprisonment. There is no mandatory minimum sentence unless the defendant qualifies for the ACCA enhancement. Fines can reach up to $250,000 for individuals. Upon release, the defendant will be subject to a term of supervised release lasting at least 3 years.
Enhanced Penalties:
If the defendant has three prior convictions for violent felonies or serious drug offenses and qualifies under the Armed Career Criminal Act, the mandatory minimum sentence is 15 years and the maximum is life imprisonment. This enhancement applies automatically upon proof of the qualifying prior convictions; no separate charge is necessary.
If the defendant has one or two prior convictions (not enough to trigger ACCA), shorter enhancements may apply under 18 U.S.C. § 924(a)(2), which provides for a maximum sentence of 15 years imprisonment rather than the standard 10-year maximum.
Sentencing Guidelines:
The United States Sentencing Guidelines calculate sentences for firearms offenses under U.S.S.G. § 2K2.1. The base offense level depends on the defendant's criminal history and the specific circumstances of the offense. Defendants with extensive criminal histories, particularly involving crimes of violence or drug trafficking, receive substantially higher base offense levels.
Additional enhancements apply if the firearm was stolen, had an obliterated serial number, was a machine gun or other prohibited weapon, or if the offense involved more than one firearm. If the defendant used or possessed the firearm in connection with another felony offense, additional enhancements apply that can dramatically increase the guidelines range.
Federal Gun Trafficking and Straw Purchase Prosecutions
Federal authorities aggressively prosecute firearms trafficking cases, particularly in jurisdictions with strict gun laws like New York and New Jersey. These cases often involve multiple defendants and sophisticated schemes to move firearms from states with less restrictive laws into areas where illegal gun markets command premium prices.
Straw Purchases:
A straw purchase occurs when someone with a clean criminal record purchases firearms on behalf of prohibited persons who cannot legally buy guns themselves. Federal law makes it a crime to knowingly make false statements in connection with the acquisition of firearms from licensed dealers under 18 U.S.C. § 922(a)(6). Lying on ATF Form 4473 by falsely stating that you are the actual buyer when in fact you are purchasing on behalf of another person is a federal felony carrying up to 10 years imprisonment.
Straw purchase prosecutions often involve undercover operations or cooperating witnesses. ATF agents may identify patterns of purchases by individuals who buy multiple firearms in short periods and then lose track of them or claim they were stolen. These cases can expand into larger trafficking conspiracies involving dozens of firearms and multiple states.
Trafficking Conspiracies:
Large-scale gun trafficking operations may be charged as conspiracies under 18 U.S.C. § 371 or as violations of 18 U.S.C. § 922(d), which makes it unlawful to sell or otherwise dispose of firearms to prohibited persons. Trafficking conspiracies often involve straw purchasers, transporters, and sellers working together to move firearms from source states to destination markets. These cases may include charges for conspiracy, false statements, unlicensed dealing, and substantive firearms trafficking violations.
Federal Firearms Investigations and ATF Task Forces
Federal firearms investigations are conducted primarily by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), often working in conjunction with FBI, Drug Enforcement Administration, and state and local law enforcement agencies. These investigations employ a variety of techniques.
ATF maintains the National Integrated Ballistic Information Network (NIBIN), which allows firearms examiners to link fired cartridge cases recovered from crime scenes to specific firearms and to other crimes involving the same weapon. Firearms recovered from crime scenes are traced through the National Tracing Center to identify purchasers and track the chain of possession.
Federal agents conduct undercover operations to identify firearms traffickers, use confidential informants to make controlled purchases, and execute search warrants to recover firearms. In felon in possession cases, guns are often discovered during traffic stops, searches incident to arrest for other offenses, or execution of search warrants at defendants' residences.
Task forces such as Project Safe Neighborhoods coordinate federal, state, and local resources to target armed violent offenders and illegal firearms traffickers. These initiatives emphasize federal prosecution of gun crimes to take advantage of longer federal sentences and avoid perceived leniency in some state courts.
Challenging the Prior Conviction: For § 922(g) charges, the government must prove a qualifying prior conviction. The defense may challenge whether the prior offense qualifies as a predicate, whether civil rights have been restored, or whether conviction documents adequately prove the prior offense. ACCA enhancements are particularly subject to challenge given the complexity of determining whether prior convictions qualify as violent felonies.
Challenging Possession: The government must prove the defendant knowingly possessed the firearm. In constructive possession cases, the defense may argue the defendant lacked knowledge of the firearm's presence or lacked control over the location where it was found. Evidence that others had access to the location can create reasonable doubt about who possessed the firearm.
Challenging Search and Seizure: Many federal gun cases depend on evidence obtained through searches of vehicles, homes, or persons. If law enforcement violated the Fourth Amendment, a motion to suppress may exclude the firearm from evidence, making conviction impossible. Challenging the legality of traffic stops, the scope of consent searches, or probable cause for search warrants is often critical to the defense.
Second Amendment Challenges: While the Supreme Court has recognized an individual right to bear arms under the Second Amendment, it has also upheld various regulations including prohibitions on possession by felons. Second Amendment challenges to federal firearms laws have had limited success, though the scope of permissible regulation continues to be litigated.
Why You Need an Experienced Federal Criminal Defense Attorney
Federal firearms charges carry mandatory minimum sentences, substantial maximum sentences, and complex legal issues involving prior convictions, sentencing enhancements, and constitutional challenges. The consequences of conviction include years or decades of imprisonment, loss of civil rights including the permanent prohibition on firearm possession, and devastating collateral consequences.
The Law Offices of Matthew Cohan provides experienced defense representation in federal firearms cases. Our team includes a former prosecutor who understands how federal gun cases are investigated and prosecuted. We know how to challenge the government's proof of prior convictions, contest constructive possession allegations, file motions to suppress evidence obtained through unconstitutional searches, and negotiate with federal prosecutors to achieve favorable outcomes.
Whether the charges involve felon in possession, firearms trafficking, straw purchases, or violations of § 924(c) in connection with drug crimes, we have the experience and knowledge necessary to mount an aggressive defense. We represent clients in federal district courts throughout New York and New Jersey, and we provide strategic representation from the earliest stages of investigation through trial and appeal if necessary.
If you are under investigation or facing federal firearms charges, contact the Law Offices of Matthew Cohan today for a free consultation. Federal gun cases move quickly, and early intervention by experienced counsel can be critical to protecting your rights and achieving the best possible outcome.
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