Federal Gun Charges

If you or someone you love has been charged with a federal gun crime, here is what the charge means and what sentence it can carry. Most federal gun cases are brought under two laws, 18 U.S.C. § 922 and 18 U.S.C. § 924, and some of these charges carry mandatory minimum sentences that must be served on top of any other sentence. Criminal Center defends people charged under these laws.

Federal prosecutors can bring many kinds of charges against someone suspected of illegally selling, buying, having, or using a gun. There has been a strong push at the federal level to crack down on gun crimes to get violent offenders off the street. That push can lead prosecutors to bring gun charges in cases where they may not fit.

How do federal gun laws work, and why is a gun case federal?

There are many federal gun charges, but most cases are brought under § 922, which lists what is illegal, and § 924, which sets the penalties. Together they cover buying, selling, having, and using guns illegally. Some gun charges carry long mandatory minimum sentences that must be served on top of any other sentence.

A gun case does not need a sale or a trip across state lines to be federal. Federal gun laws reach guns that have moved “in or affecting” interstate commerce, which covers most guns. These are serious charges, and it is important to get a lawyer who handles federal gun cases.

Is it a crime to sell guns without a license?

You need a federal license to be in the business of dealing in guns. Dealing in guns without a license is a crime under 18 U.S.C. § 922(a)(1)(A). It carries up to 5 years in federal prison (18 U.S.C. § 924(a)(1)(D)).

Which gun sales are illegal even for a licensed dealer?

Even a licensed dealer cannot sell some guns or sell to some people. For example:

• Machine guns: transferring or having a machine gun made after May 1986 is generally banned (18 U.S.C. § 922(o)). The penalty is up to 10 years (18 U.S.C. § 924(a)(2)).
• Selling or giving a gun to someone you know or have reason to believe is barred from having one, such as a person with a felony conviction (18 U.S.C. § 922(d)): up to 15 years (18 U.S.C. § 924(a)(8)).
• A licensed dealer selling a handgun to someone under 21, or any gun to someone under 18 (18 U.S.C. § 922(b)(1)): up to 5 years for a willful violation (18 U.S.C. § 924(a)(1)(D)).
• Giving a handgun to a juvenile (18 U.S.C. § 922(x)): up to 1 year, or up to 10 years if you knew or had reason to know the juvenile meant to use it in a violent crime (18 U.S.C. § 924(a)(6)).

Is it a crime to lie on a gun purchase form or buy a gun for someone else?

Sellers are not the only ones who must be careful. A buyer can be charged for lying on the paperwork used to buy a gun, such as the background check form (18 U.S.C. § 922(a)(6)). That carries up to 10 years in prison (18 U.S.C. § 924(a)(2)).

It is also a crime to act as a “straw buyer” — buying a gun for someone you know or have reason to believe cannot legally have one, or will use it in a felony (18 U.S.C. § 932). That carries up to 15 years, or up to 25 years if you knew or had reason to believe the gun would be used in a felony or other serious crime.

When is simply having a gun illegal?

Even if no one is charged over the sale, simply having a gun can be illegal. For example:

• Having a machine gun is generally illegal (18 U.S.C. § 922(o)). It carries up to 10 years in prison.
• Knowingly having a gun in a school zone is illegal, with some exceptions (18 U.S.C. § 922(q)). It carries up to 5 years, and that sentence must be served after any other federal sentence (18 U.S.C. § 924(a)(4)).

Who cannot have a gun under federal law?

If you have been convicted of a felony, it is generally illegal for you to have a gun or ammunition at all. Federal law bars nine groups of people (18 U.S.C. § 922(g)). They include people who:

• Have been convicted of a crime punishable by more than one year in prison (usually a felony)
• Are fugitives from justice
• Use illegal drugs or are addicted to them, as defined in the Controlled Substances Act
• Have been found mentally incompetent by a court or committed to a mental institution
• Are in the country illegally, or (with some exceptions) on a nonimmigrant visa
• Were dishonorably discharged from the military
• Gave up their U.S. citizenship
• Are under certain domestic violence restraining orders
• Have been convicted of a misdemeanor crime of domestic violence

The maximum sentence for this charge is 15 years (18 U.S.C. § 924(a)(8)). Congress raised it from 10 years in 2022.

The government must prove you knew you had the gun. It must also prove you knew you were in one of the barred groups — for example, that you knew you had been convicted of a crime punishable by more than a year. The Supreme Court decided this in Rehaif v. United States (2019).

What is the Armed Career Criminal Act?

Felon-in-possession cases are especially risky because the sentence can be enhanced. If you have three earlier convictions for a “violent felony” or “serious drug offense,” committed on different occasions, a felon-in-possession charge carries a mandatory minimum of 15 years (18 U.S.C. § 924(e)). If you are charged under § 922(g), talk with a lawyer right away about whether any enhancement could apply.

What happens if a gun is tied to a drug crime or violent crime? (924(c))

Using or carrying a gun during a drug trafficking crime or a crime of violence, or possessing a gun to further one, is a separate crime under 18 U.S.C. § 924(c). The mandatory minimums are especially harsh:

• 5 years for using, carrying, or possessing the gun
• 7 years if the gun was brandished (shown to scare someone)
• 10 years if the gun was fired
• 10 years for a short-barreled rifle or shotgun or a semiautomatic assault weapon
• 30 years for a machine gun, a destructive device, or a gun with a silencer

What makes 924(c) charges so harsh is that the sentence must run after any other sentence, not at the same time, and the judge cannot give probation instead of prison. That means more total time in federal prison.

A second 924(c) conviction carries a 25-year minimum. Since the First Step Act of 2018, that only applies if the earlier 924(c) conviction was already final before the new crime. Before that change, prosecutors could “stack” several 924(c) counts in one case, leading to sentences of many decades.

How are federal gun charges defended?

Every case is different, but some defenses come up often.

Illegal searches: the Fourth Amendment protects you from unreasonable searches and seizures. If police found the gun through a search that broke the Fourth Amendment, the gun may be kept out of evidence. That can make it much harder for the government to prove a § 922 or § 924 charge.

Self-defense or justification: in some federal gun cases, mainly felon-in-possession cases, many federal courts allow a narrow “justification” defense. In general, you must show you faced a real and immediate threat of death or serious injury, you had no reasonable legal choice but to take the gun, you did not bring the danger on yourself, and you kept the gun no longer than necessary. You, not the government, must prove this kind of defense. The Supreme Court held this for the related defense of duress in Dixon v. United States, 548 U.S. 1 (2006). The exact rules differ from one federal circuit to another.

Other issues that often come up include:

• Possession: whether the gun was really yours, especially when it was found in a shared car or home.
• Knowledge of status under Rehaif: whether you knew you were in a barred group.
• Prior convictions: whether an old conviction really counts for the gun ban or for the Armed Career Criminal Act.
• The 924(c) link: whether the gun was actually connected to the drug or violent crime.

A lawyer can also help if you are working on an appeal of a gun conviction or sentence.

Related pages

• Federal drug charges
• Federal sentencing explained at sentencing.net

What should you do next?

Book a consultation to talk it through with Brandon Sample.

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