Common federal firearm charges
- Possession by a prohibited person: federal law bars certain people from having guns or ammunition, including people with felony convictions as federal law defines them, people under certain domestic violence protective orders, people convicted of misdemeanor domestic violence, unlawful drug users, and some others.
- Firearm in connection with a drug trafficking crime or crime of violence: using, carrying, or possessing a gun in furtherance of one of these crimes. This charge carries a mandatory prison term that must run consecutively, meaning on top of the sentence for the underlying crime.
- Straw purchases and false statements: lying on the federal purchase form, such as about who the real buyer is, or buying a gun for someone who cannot legally have one.
- Illegal weapons: possession of machine guns, including conversion devices, unregistered short-barreled rifles or shotguns, silencers, and guns with altered or removed serial numbers.
- Trafficking in firearms: moving guns to people the seller knows or has reason to believe cannot legally have them.
What the government must prove in a possession case
In a prohibited-person case, the government must prove that you knowingly possessed the firearm, that you belonged to a prohibited group, and that the gun or ammunition had traveled in interstate commerce. What the government must prove about what you knew is often an important issue. Possession can be actual, such as a gun in your hand or pocket, or constructive, meaning you had the power and intent to control it.
Constructive possession is often disputed. A gun found in a shared car, a shared home, or a common area does not automatically belong to everyone nearby.
Enhanced penalties
A person with certain prior convictions for violent felonies or serious drug offenses can face the Armed Career Criminal Act, which raises the penalty to a long mandatory minimum. Whether a prior conviction qualifies is a technical legal question, and North Carolina convictions do not always fit the federal definitions. We check each prior conviction carefully.
Guideline enhancements can also apply, such as for the number of guns, a stolen gun, an altered serial number, or possession in connection with another felony.
The path of the case
- Initial appearance before a magistrate judge.
- Detention hearing. The government often asks to detain people charged with gun offenses. The judge decides whether release conditions can protect the community and make sure you come back to court.
- Discovery, including police reports, body camera video, lab reports on DNA or fingerprints, and gun trace records.
- Motions to suppress evidence from an unlawful stop, frisk, or search, and challenges to the law as applied to you.
- Plea or trial.
- Presentence report from a U.S. probation officer, with a guideline calculation we review and challenge.
- Sentencing by the district judge.
Possible defenses
- The stop, frisk, or search was unlawful, so the gun should be kept out of evidence.
- You did not knowingly possess the gun, especially in shared cars or homes.
- A prior conviction or order does not make you a prohibited person under federal law, or the government cannot prove what you knew.
- A prior conviction does not qualify for an enhanced penalty.
- The gun was not used or possessed in furtherance of a drug or violent crime.
- A constitutional challenge to the statute as applied to you. Recent Supreme Court decisions have changed how courts review some gun laws, and this area is still developing.
State and federal overlap
Many federal gun cases begin with a state arrest in Greensboro or High Point. Sometimes the state charge ends after federal charges are filed, and sometimes both continue. North Carolina also has its own gun laws, including possession of a firearm by a felon. If you have a state gun charge and hear that federal agents are interested, talk to a lawyer right away.
How we work
We investigate rather than process. We don’t accept the police report as fact. We watch the body camera video, check the trace and lab work, and study every prior conviction the government relies on. We tell clients the hard truth about the evidence and the sentencing exposure, and we prepare every case as though it is going to trial. Call us at (336) 281-2008 or request a consultation. Hablamos español.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
Can I be charged federally for a gun found in a car I was riding in?
It is possible, but the government must prove you knowingly possessed the gun. A gun in a shared car does not automatically belong to every passenger. Where the gun was, who owned the car, and fingerprint or DNA evidence all matter.
What is a straw purchase?
A straw purchase is buying a gun for someone else while saying on the federal form that you are the real buyer. It is a federal crime, and buying for someone who cannot legally have a gun brings more serious charges.
Does a gun charge connected to drugs add extra prison time?
Yes. Using, carrying, or possessing a gun in furtherance of a drug trafficking crime carries a mandatory prison term that must run on top of the drug sentence. The government must prove the gun actually helped advance the drug crime.
Can a state gun charge become a federal case?
Yes. Federal prosecutors can bring charges for the same conduct after a state arrest. Sometimes the state case then ends, and sometimes both continue.
Do recent Supreme Court gun decisions help my case?
They may. Courts are still deciding how those decisions apply to different federal gun laws and different people. Whether a challenge fits your case depends on the charge and your history.