A firearm charge can feel overwhelming, especially when federal law is involved. Prosecutors often seek long sentences with little room for leniency. Whether the charge stems from a misunderstanding, a past conviction, or an alleged connection to another crime, the consequences can be severe. In moments like these, what you do next matters. The legal system is complex, but you have rights. Knowing how to protect yourself from the start can mean the difference between a conviction and a strong defense.
Understanding Federal Firearm Charges
Federal firearm charges carry serious consequences, often leading to long prison sentences and mandatory minimums. Prosecutors aggressively pursue these cases, especially when they involve other crimes. Two of the most common federal gun laws relied upon are 18 U.S.C. § 924(c) and 18 U.S.C. § 922(g).
Under § 924(c), possessing, brandishing, or using a firearm during a violent crime or drug trafficking offense leads to additional prison time. These sentences must be served consecutively, meaning they are added to any other penalties. A first-time conviction can add five years or more, while repeat offenses can result in decades behind bars.
§ 922(g) makes it illegal for certain individuals—such as convicted felons, unlawful drug users, and those with domestic violence convictions—to possess firearms. This law applies even if you never fired the weapon.
Federal firearm cases are complex, but a strong legal strategy can challenge the government’s evidence and the application of these laws.
How Bruen Affects Firearm Cases
The Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association v. Bruen reshaped how courts evaluate gun laws. Under this decision, firearm regulations must align with historical traditions of gun control. This shift has led to challenges against laws like 18 U.S.C. § 922(g), which prohibits certain individuals from possessing firearms. Some courts have ruled that parts of this law violate the Second Amendment, while others have upheld it. If you’re facing federal firearm charges, Bruen could impact your defense. A strong legal strategy may argue that certain restrictions are unconstitutional under this new standard.
Immediate Steps to Take If You’re Accused
If you’re accused of a federal firearm offense, your actions in the early stages can make a significant difference in your case. Law enforcement and prosecutors will move quickly, but you have rights. Protect yourself by taking the following steps:
- Stay silent. You are not required to answer questions from law enforcement. Anything you say can be used against you, so avoid making statements without legal representation.
- Do not consent to searches. Officers may ask to search your home, car, or belongings. Unless they have a warrant, you can refuse.
- Document everything. If you legally owned the firearm, gather any paperwork, permits, or purchase records.
- Identify witnesses. If someone was present when the alleged offense occurred, their testimony may support your defense.
- Contact a defense attorney immediately. Federal firearm cases move fast, and early legal intervention can help protect your rights, challenge evidence, and build a strong defense.
How Sentencing Works
Federal sentencing is not automatic. Judges must consider factors under 18 U.S.C. § 3553(a) before deciding on a final sentence. These factors include:
- The nature and circumstances of the offense
- Your personal history and background
- The need for deterrence and public safety
- The importance of avoiding sentencing disparities
- The possibility of rehabilitation through educational or vocational training
Even in cases with mandatory minimums, judges can weigh certain factors to determine if a lower sentence is justified. A strong defense can highlight mitigating circumstances that support a more favorable outcome.
Defenses Against Federal Firearm Charges
A strong defense can challenge the government’s case and reduce the risk of a conviction. Possible defenses against federal firearm charges include:
- Lack of possession. Prosecutors must prove you had control over the firearm. If it wasn’t yours or was found in a shared space, this could be challenged.
- Illegal search and seizure. If law enforcement obtained the firearm without a valid warrant or probable cause, the evidence may be inadmissible.
- Second Amendment challenges. Recent court rulings have questioned some firearm restrictions.
- No connection to a crime. For § 924(c) charges, the government must prove a link between the firearm and an alleged offense.
Contact Our Experienced Federal Firearms Attorneys
Facing federal firearm charges can be overwhelming, but you don’t have to handle it alone. A strong defense can challenge the evidence, fight unconstitutional restrictions, and work toward the best possible outcome. At Federal Criminal Attorneys of Michigan, we defend your rights and your future. If you or a loved one is accused of a firearm offense, contact us today for a confidential consultation.
