Federal Gun Crimes Attorney

The most commonly charged federal firearms offense. Covers anyone in a prohibited category: prior felony convictions, domestic violence misdemeanors, certain protective orders, unlawful drug users, and others. Carries up to 10 years in federal prison, significantly more if the Armed Career Criminal Act applies.

• Felon in Possession

Among the most feared charges in federal firearms law. A first conviction carries a mandatory 5-year consecutive sentence served on top of, not at the same time as, any other sentence. If the firearm was brandished: 7 years. If discharged: 10 years. A second 924(c) conviction: 25 years consecutive. A defendant convicted of both a 10-year drug charge and two 924(c) counts faces a mandatory minimum of 60 years total.

• Drug and Violence

Applies to felon-in-possession defendants with three or more prior convictions for serious drug offenses or violent felonies, transforming the charge into a mandatory 15-year minimum with a maximum of life. The legal definitions of what qualifies as an ACCA predicate have been significantly narrowed by Supreme Court decisions in recent years. What counted as an ACCA predicate several years ago may not qualify under current law.

• ACCA

The National Firearms Act covers suppressors, machine guns, short-barreled rifles and shotguns, and destructive devices. Possessing any of these without proper ATF registration is a federal felony carrying up to 10 years per offense. Many people do not realize that homemade suppressors, certain pistol braces, or unregistered short-barreled rifles fall under NFA restrictions.

• NFA

Modifying a firearm to fire automatically is a serious federal offense. This includes Glock switches, auto sears, and forced reset triggers. The ATF has aggressively pursued these cases. Possession of a machine gun manufactured after May 1986 is a federal felony regardless of whether the owner is otherwise lawful.

Purchasing a firearm on behalf of a prohibited person, dealing in firearms without a license, or transporting firearms across state lines for unlawful purposes.

Privately made firearms are a significant federal enforcement priority. While building a firearm for personal use has historically been legal in many circumstances, prohibited persons cannot possess ghost guns, and manufacturing or distributing them without a license can result in federal charges.

Many federal gun cases begin with a traffic stop, home search, or pat-down. A successful Fourth Amendment suppression motion can result in the charges being dismissed entirely.

Federal prosecutors can argue you possessed a firearm even if you were not holding it at arrest. We challenge these arguments by examining who had actual access to the weapon and what evidence genuinely ties you to it.

Not every prior conviction disqualifies a person from possessing a firearm under federal law. The legal definitions of what counts as a disqualifying offense have been narrowed by federal courts. We examine the nature of prior convictions and whether they meet the current legal definition.

We research every prior conviction to determine whether an ACCA challenge is viable under current Supreme Court and circuit court case law. The Armed Career Criminal Act’s definition of qualifying prior convictions has been significantly narrowed. Offenses that once counted as ACCA predicates may no longer qualify.

In New York State Rifle and Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022), the Supreme Court held that firearms regulations must be consistent with the historical tradition of firearm regulation in America. In United States v. Rahimi, 602 U.S. ___ (2024), the Court upheld the prohibition on firearm possession by persons under domestic violence protective orders while reaffirming the Bruen framework. These challenges continue to evolve and we evaluate their applicability in every case.

In cases involving alleged illegal modifications or NFA classifications, we scrutinize ATF test results, testing methodology, and the qualifications of the examining agent.

Do not answer questions from ATF or FBI agents. Politely state that you want to speak with an attorney before answering anything.

Statements like “that gun belongs to my roommate” or “I forgot it was in the car” can be used to establish knowledge and possession even when intended to minimize involvement. Say nothing until you have counsel.

Federal agents generally need a warrant to search your home. Consent to search is never required, and giving it can waive your Fourth Amendment protections.

The ACCA (18 U.S.C. § 924(e)) applies to felon-in-possession defendants with three or more prior convictions for serious drug offenses or violent felonies. An ACCA designation increases the mandatory minimum from no mandatory minimum to 15 years in federal prison, with a maximum of life. The definitions of qualifying prior convictions have been significantly narrowed by recent Supreme Court decisions, making ACCA challenges one of the most important areas of federal firearms defense.

A 924(c) conviction carries a mandatory consecutive sentence, meaning it runs on top of, not at the same time as, any other sentence. First offense: 5 years for possession, 7 for brandishing, 10 for discharging. A second 924(c) conviction: 25 years consecutive. Sentences can be stacked across multiple counts, which is why defendants facing a drug charge alongside one or more 924(c) counts can face decades in mandatory consecutive prison time.

Yes. Constructive possession, the government’s theory that a firearm was under your control even if you were not holding it, must be proven beyond a reasonable doubt and is one of the most defensible elements in federal gun cases. Challenging it requires a careful analysis of who had access to the space, whose belongings were present, and what other evidence links you specifically to the weapon.

No. Do not answer questions, consent to searches, or agree to voluntary interviews without an attorney present. Voluntary interviews are not neutral conversations. They are opportunities for the government to gather evidence. Call Monument Legal immediately.

Yes. A successful Fourth Amendment suppression motion, if the firearm was obtained through an unlawful search, can result in dismissal. ACCA predicate challenges can dramatically reduce sentencing exposure. Charge negotiations with the U.S. Attorney’s Office can result in reduced charges. Early legal intervention matters.

Federal law enforcement prosecutes a range of gun-related offenses, including:

• Felon in Possession of a Firearm (18 U.S.C. § 922(g)(1)): It is illegal for anyone convicted of a felony to possess a firearm. This is one of the most frequently prosecuted Federal gun offenses.
• Possession of a Firearm by a Prohibited Person (18 U.S.C. § 922(g)): This statute prohibits possession of firearms by several categories of individuals, including fugitives from justice, unlawful drug users, persons with mental health commitments, illegal aliens, persons dishonorably discharged from the military, individuals subject to certain restraining orders, and those convicted of domestic violence misdemeanors.
• Use or Carrying of a Firearm in Furtherance of a Drug Trafficking Crime or Violent Crime (18 U.S.C. § 924(c)): This statute imposes mandatory minimum sentences for using or carrying a firearm during and in relation to a drug trafficking crime or violent crime.
• Unlawful Possession, Sale, or Transfer of Firearms (18 U.S.C. § 922(a)(1)(A)): This includes engaging in the business of dealing in firearms without a license.
• Possession of a Stolen Firearm (18 U.S.C. § 922(j)): It is illegal to possess a firearm knowing or having reasonable cause to believe it was stolen.
• Firearm Trafficking (18 U.S.C. § 922(a)(6)): This involves making false statements or representations to a licensed dealer when purchasing a firearm.

By prosecuting certain gun crimes at the federal level, the government aims to address significant public safety concerns, ensure uniform enforcement of gun laws, and utilize the extensive resources and expertise available at the federal level to combat serious and complex firearm-related offenses.

Federal jurisdiction often comes into play when gun crimes involve the crossing of state lines. The federal government can prosecute crimes that involve the transportation of firearms across state boundaries, which individual states may not have the authority to address comprehensively.

Navigating intricate Federal gun crimes demands the expertise of a qualified legal team. At Monument Legal, we fight to protect your constitutional rights, including your Second Amendment rights. Our attorneys provide comprehensive case evaluations and aggressive defense strategies tailored to your situation.

In many cases, sentences for violations of federal gun laws can be harsher than those for similar violations under state gun laws. Several factors contribute to the typically more severe penalties at the federal level:

• Mandatory Minimum Sentences: Federal gun laws often include mandatory minimum sentences for specific offenses. For example, under 18 U.S.C. § 924(c), using or carrying a firearm during and in relation to a drug trafficking crime or violent crime carries mandatory minimum sentences that can range from 5 years to life, depending on the circumstances (e.g., if the firearm is brandished or discharged).
• Sentencing Enhancements: Federal sentencing guidelines provide for enhancements based on various factors, such as prior convictions, the type of firearm involved, and the nature of the offense. Repeat offenders and those involved in serious criminal activities can face significantly longer sentences under federal guidelines.
• Armed Career Criminal Act (ACCA): Under the ACCA (18 U.S.C. § 924(e)), individuals with three or more prior convictions for violent felonies or serious drug offenses face a mandatory minimum sentence of 15 years if found in possession of a firearm. This can result in substantially harsher penalties than those typically imposed by state laws for similar conduct.