FEDERAL CRIMINAL LAWYERS

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You’re facing federal gun charges and you don’t understand why a gun case is in federal court instead of state court. You possessed a firearm as a convicted felon, you bought guns using false identification, you trafficked firearms across state lines, or federal agents found guns during a drug investigation. Federal gun charges carry mandatory minimum sentences ranging from five to fifteen years depending on your criminal history and the specific offense. 18 U.S.C. § 922(g) makes it illegal for convicted felons, domestic violence offenders, and other prohibited persons to possess firearms. 18 U.S.C. § 924(c) mandates consecutive sentences for using or carrying firearms during drug trafficking or violent crimes. These aren’t state misdemeanors – they’re federal felonies with mandatory prison time that judges cannot waive.

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek, who has defended federal gun cases for many, many years. We’ve represented clients charged with felon in possession, gun trafficking, and 924(c) violations. Federal gun charges often stack on top of underlying drug or fraud charges, turning five-year cases into fifteen-year mandatory minimums, turning what should be simple possession into career offender territory, turning your life upside down. Understanding which federal gun statute you’re charged under determines your sentencing exposure and defense strategy.

Felon in Possession – 18 USC 922(g)

If you’ve been convicted of a felony punishable by more than one year imprisonment, you’re prohibited from possessing firearms under federal law. It doesn’t matter if the prior felony was non-violent, decades old, or from state court. Federal law prohibits all convicted felons from possessing guns. Possession means actual or constructive – physically having the gun or having control over it even if it’s in your car, house, or storage unit. Prosecutors prove possession through guns found in your residence, vehicle, or on your person. They prove knowledge through statements you made, fingerprints on the weapon, or circumstances showing you knew the gun was there.

Felon in possession carries up to ten years maximum sentence with no mandatory minimum for first offense, but if you have three prior convictions for violent felonies or serious drug offenses – the Armed Career Criminal Act (ACCA) under 18 U.S.C. § 924(e) triggers a fifteen-year mandatory minimum. ACCA enhancements turn standard felon-in-possession cases into career offender cases with massive sentencing exposure. Challenging whether prior convictions qualify as ACCA predicates is critical – Supreme Court cases like Johnson and Begay have narrowed which offenses count as violent felonies.

Using or Carrying Firearms During Drug Crimes – 18 USC 924(c)

Section 924(c) mandates consecutive sentences for using or carrying firearms during drug trafficking or crimes of violence. Five-year mandatory minimum for first offense, seven years for brandishing, ten years for discharging, twenty-five years for second or subsequent 924(c) conviction. These sentences run consecutive to the underlying offense – if you’re convicted of drug trafficking with five-year mandatory minimum plus 924(c), you’re facing minimum ten years total. The firearm doesn’t need to be used in the crime – carrying it is enough. If you had a gun in your car during a drug deal, that’s 924(c) even if you never showed it or mentioned it.

Prosecutors stack 924(c) counts by charging each firearm separately or charging multiple transactions, they stack counts to create leverage, they stack counts to pressure guilty pleas. Three guns found during a drug bust? Three 924(c) counts with stacked mandatory minimums. Courts have held that multiple 924(c) counts from a single prosecution all receive the five-year minimum (first offense rate) rather than stacking at twenty-five years each. But if you have a prior 924(c) conviction from a separate case – the mandatory minimum for new 924(c) charges is twenty-five years. This creates life-without-parole exposure through gun enhancements alone.

Other Federal Gun Charges and Defenses

Straw purchasing under 18 U.S.C. § 922(a)(6) makes it illegal to lie on ATF Form 4473 when buying firearms. If you buy guns for someone prohibited from possessing them, or you falsify information on the purchase form – that’s a federal felony carrying five years maximum. Gun trafficking across state lines violates 18 U.S.C. § 922(a)(1) if you’re not a licensed dealer. Buying guns in one state and selling them in another without a federal firearms license can be charged as trafficking. Possession of unregistered firearms (machine guns, silencers, sawed-off shotguns) under the National Firearms Act carries ten years maximum. Lack of knowledge – you didn’t know the gun was in your car or house, someone else placed it there, you had no control over the area where it was found. Lack of possession – the gun belonged to someone else who had access to the location, you weren’t the only person with access, prosecutors can’t prove you knew about it. Unlawful search and seizure – police found the gun during an illegal search, no valid warrant existed, search exceeded the scope of consent. Prior conviction doesn’t qualify – your predicate felony conviction doesn’t meet federal definition, it was reduced to misdemeanor, or civil rights were restored. For 924(c) charges, defenses include arguing the gun wasn’t carried “during and in relation to” the underlying offense, or that the underlying offense doesn’t qualify as drug trafficking or crime of violence. Supreme Court cases have narrowed what constitutes “crime of violence” under 924(c), excluding some state offenses that previously qualified. Because these legal challenges require detailed analysis.

Sentencing Enhancements

Federal sentencing guidelines add levels for firearms involvement even without 924(c) charges. If you possessed a gun during commission of another offense, that adds two levels to your guideline calculation. If you trafficked firearms, the guidelines base offense level on number of weapons – fifty or more guns adds substantial levels. Career offender enhancements apply if your current gun offense qualifies and you have two prior felony convictions for violent crimes or drug trafficking. Career offender status dramatically increases guideline ranges, often resulting in sentences near the statutory maximum. State gun convictions are often prosecuted federally when defendants have prior records making them career offenders under federal law. Local police arrest you for simple gun possession. They run your record, find prior felonies, and refer the case to federal prosecutors under Project Safe Neighborhoods or similar federal gun crime initiatives. What should be a state case with probation or two years becomes a federal case with ten or fifteen year mandatory minimum because of your criminal history.

Federal gun charges are often add-ons to drug trafficking or fraud cases. Agents find a gun during execution of a search warrant for drugs. Now you’re facing the underlying drug charge plus felon in possession plus potentially 924(c). The gun charges add five to fifteen years of mandatory minimums to whatever the drug offense carried. Prosecutors use gun enhancements as leverage to pressure guilty pleas and cooperation. Challenging the gun charges – through illegal search arguments, lack of knowledge defenses, or ACCA predicate disputes – can eliminate the enhancements that double or triple your sentencing exposure. Todd Spodek has defended federal gun cases throughout his career – SDNY, EDNY, federal courts nationwide. We’ve challenged ACCA enhancements that would have triggered fifteen-year mandatory minimums. We’ve negotiated dismissals of 924(c) counts in exchange for guilty pleas to underlying offenses. We’ve fought illegal searches that led to gun discoveries. When you’re facing federal gun charges with mandatory minimums, when you’re looking at ten or fifteen years, when you need someone who’s actually defended these cases. Call us.