Firearms Offenses

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Federal Firearms Offenses Explained

Federal firearms prosecutions fall into three primary categories, each with different elements, penalties, and defense strategies. Understanding which statute you are charged under — and what enhancements apply — is the first step toward preparing an effective case.

18 U.S.C. § 922(g) — Prohibited Person in Possession

This is the most commonly charged federal firearms offense. Section 922(g) makes it a federal crime for any person in one of nine prohibited categories to possess, ship, transport, or receive any firearm or ammunition. Those nine categories are:

1. Convicted felons — anyone convicted of a crime punishable by more than one year in prison
2. Fugitives from justice
3. Unlawful users of or addicts to controlled substances
4. Persons adjudicated as mentally defective or committed to a mental institution
5. Unlawful aliens — illegal or unauthorized immigrants
6. Persons dishonorably discharged from the military
7. Persons who have renounced U.S. citizenship
8. Persons subject to certain domestic violence restraining orders
9. Persons convicted of a misdemeanor crime of domestic violence

The maximum statutory penalty under § 922(g) is 15 years. In FY 2024, the average sentence was 67 months for non-ACCA defendants. The government does not need to prove you used the firearm — simple possession, or even constructive possession (having access and control), is enough.

Constructive possession is enough. You do not need to be holding the firearm. If law enforcement finds a gun in your car, your home, or any place you control — and can show you knew about it — that satisfies the possession element. Many § 922(g) cases begin with a traffic stop, a probation search, or a domestic disturbance call where a firearm is found.

18 U.S.C. § 924(c) — Firearm During Crime of Violence or Drug Trafficking

Section 924(c) is one of the most punitive statutes in the federal code. It applies when a defendant uses, carries, or possesses a firearm during and in relation to a crime of violence or a drug trafficking crime. The penalties are mandatory minimums that run consecutive to the sentence for the underlying offense:

• 5 years — basic possession during the offense
• 7 years — if the firearm is brandished
• 10 years — if the firearm is discharged
• 10 years — if the firearm is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon
• 30 years — if the firearm is a machine gun, destructive device, or silenced firearm
• 25 years — for a second or subsequent § 924(c) conviction (stacking)

These mandatory minimums cannot be reduced by the judge. They stack on top of whatever sentence you receive for the underlying drug or violence charge. A defendant convicted of drug trafficking with two § 924(c) counts could face the drug sentence plus 5 years plus 25 years — all consecutive. The First Step Act of 2018 changed the stacking provision so that the 25-year mandatory minimum only applies to defendants with a prior final § 924(c) conviction, not just a second count in the same case. But the 5/7/10/30-year minimums still apply to each count.

18 U.S.C. § 924(e) — Armed Career Criminal Act (ACCA)

The ACCA imposes a 15-year mandatory minimum sentence on any person convicted under § 922(g) who has three or more prior convictions for “violent felonies” or “serious drug offenses” committed on different occasions. Without ACCA, the maximum sentence for § 922(g) is 15 years. With ACCA, the minimum is 15 years and the maximum increases to life.

In FY 2024, defendants who received the ACCA enhancement were sentenced to an average of 199 months — nearly three times the 67-month average for non-ACCA defendants (USSC). This is one of the most devastating enhancements in the federal system.

Firearms Penalties and Mandatory Minimums

* 16.5% of § 922(g) defendants were subject to a mandatory minimum in FY 2024, primarily due to ACCA or prior drug felony enhancements (USSC).

Sentencing Guideline Calculations (USSG §2K2.1)

For § 922(g) offenses, the base offense level under USSG §2K2.1 ranges from 14 to 26, depending on the defendant’s prior convictions and the type of firearm. Key factors that increase the guideline range:

• Prior felony conviction for crime of violence or controlled substance offense — base level 20 (instead of 14)
• Two or more prior felony convictions for crime of violence or controlled substance — base level 24
• Committed offense after sustaining at least two felony convictions for crime of violence or controlled substance — base level 26
• Number of firearms — 3–7 firearms adds +2, 8–24 adds +4, 25–99 adds +6, 100–199 adds +8, 200+ adds +10
• Stolen firearm — +2 levels
• Obliterated or altered serial number — +4 levels
• Semiautomatic firearm capable of accepting large capacity magazine — +1 level if offense level is less than 20
• Firearm used or possessed in connection with another felony — +4 levels

For § 924(c) offenses, USSG §2K2.4 directs the court to use the guideline for the underlying offense (drug trafficking, robbery, etc.) and then add the § 924(c) consecutive mandatory minimum on top. This means the total sentence can be extremely long when a drug trafficking guideline range of 70–87 months is combined with a consecutive 5–30 year firearms minimum.

What the Data Shows: FY 2024 Firearms Sentencing

The U.S. Sentencing Commission’s FY 2024 data on § 922(g) offenses reveals the reality of how these cases are actually sentenced (USSC):

Two numbers stand out. First, 33.6% of firearms defendants received a non-government-sponsored downward variance — meaning the judge imposed a sentence below the guideline range based on the § 3553(a) factors, not because the government asked for leniency. That means one in three defendants presented a case compelling enough for the judge to go below guidelines on their own. Second, 23.6% of firearms defendants were in Criminal History Category VI — the highest category. This is far above the overall federal average and reflects the reality that firearms cases disproportionately involve defendants with extensive prior records, which makes criminal history disputes and proper PSR review critically important.

A 33.6% downward variance rate means preparation matters. Judges are willing to go below the guidelines in firearms cases when the defendant presents compelling mitigating evidence. The question is not whether downward variances happen — they do, in one out of three cases — the question is whether you are prepared to earn one.

Common Federal Firearms Scenarios

Federal firearms cases arise from a wide range of circumstances. Understanding the typical scenarios helps you anticipate how the government will build its case and what strategic opportunities exist.

Felon in Possession (Most Common)

The classic § 922(g) case: a person with a prior felony conviction is found with a firearm, typically during a traffic stop, a probation or parole search, a domestic disturbance, or a search warrant related to another investigation. In many cases, the firearm possession is discovered incidentally while law enforcement is investigating something else entirely — often drug trafficking. Key defense considerations include whether the search was constitutional, whether the defendant knew the firearm was present, and whether the prior conviction actually qualifies as a disabling felony.

Firearms During Drug Trafficking

When a firearm is found during a drug investigation, prosecutors frequently add a § 924(c) count to the drug charges. The government must prove the firearm was used, carried, or possessed “during and in relation to” or “in furtherance of” the drug trafficking offense — mere proximity is not always enough. However, if a loaded firearm is found next to drugs and cash, courts generally find the nexus requirement satisfied. These cases carry the harshest outcomes because the § 924(c) mandatory minimum runs consecutive to the drug sentence.

Domestic Violence Prohibited Person

A conviction for a misdemeanor crime of domestic violence — or an active domestic violence restraining order — makes a person a prohibited possessor under § 922(g)(8) and (9). The Supreme Court upheld the constitutionality of § 922(g)(8) in United States v. Rahimi (2024), rejecting a Second Amendment challenge. These cases frequently arise when a person subject to a restraining order fails to surrender firearms or is later found in possession during a police encounter. Note that the domestic violence misdemeanor does not need to be labeled as such — any misdemeanor involving the use of physical force against a domestic partner qualifies.

Ghost Guns and Unregistered Firearms

Privately manufactured firearms without serial numbers — commonly called ghost guns — have become a significant focus of federal enforcement. The ATF’s 2022 rule reclassified unfinished frames and receivers as “firearms” under the Gun Control Act, requiring serial numbers and background checks. Possessing a ghost gun is not inherently a federal crime, but it becomes one when the possessor is a prohibited person under § 922(g) or when the gun has an obliterated serial number (18 U.S.C. § 922(k)). An obliterated serial number adds 4 levels to the guideline calculation under §2K2.1.

Straw Purchases (§ 922(a)(6))

Buying a firearm on behalf of someone else — or lying on the ATF Form 4473 about the actual buyer — is a federal crime under 18 U.S.C. § 922(a)(6), carrying up to 10 years in prison. Straw purchases are commonly prosecuted when the actual buyer is a prohibited person or when the purchase is part of a larger firearms trafficking operation. The government does not need to prove the buyer was prohibited — the false statement on the form is the crime.

Firearms Trafficking

The Bipartisan Safer Communities Act of 2022 created a new federal offense for firearms trafficking (18 U.S.C. § 933), carrying up to 15 years in prison — or 25 years if the trafficking results in someone’s death or is committed in connection with drug trafficking. Before this law, prosecutors had to rely on straw purchase, conspiracy, and other charges to address firearms trafficking networks. This statute gives prosecutors a more direct tool to target the supply chain of illegal firearms.

ACCA and Career Offender Designations

The Armed Career Criminal Act is one of the most heavily litigated areas in federal sentencing law, and for good reason: the difference between a sentence with and without ACCA can be over 130 months. Understanding how ACCA works — and where it can be challenged — is critical for any defendant facing § 922(g) charges with a significant criminal history.

What Triggers ACCA

ACCA applies when a § 922(g) defendant has three or more prior convictions for:

• “Violent felonies” — offenses punishable by more than one year that involve the use, attempted use, or threatened use of physical force, or that are burglary, arson, or extortion, or otherwise involve conduct that presents a serious potential risk of physical injury
• “Serious drug offenses” — offenses punishable by 10 or more years that involve manufacturing, distributing, or possessing with intent to distribute a controlled substance

The prior convictions must have been committed on occasions different from one another — meaning they cannot all arise from the same incident.

Recent Supreme Court Decisions Narrowing ACCA

The Supreme Court has issued several landmark decisions narrowing what qualifies as a “violent felony” under ACCA:

• Johnson v. United States (2015) — struck down the “residual clause” of ACCA’s violent felony definition (offenses involving “conduct that presents a serious potential risk of physical injury”) as unconstitutionally vague. This eliminated a broad category of prior offenses from ACCA eligibility.
• Mathis v. United States (2016) — clarified the “categorical approach” for determining whether a prior conviction qualifies, holding that courts must look at the elements of the prior offense — not the particular facts of the defendant’s conduct.
• Borden v. United States (2021) — held that offenses requiring only a reckless mental state do not qualify as “violent felonies” under ACCA’s elements clause. This removed reckless assault convictions from ACCA eligibility.

These decisions have created substantial opportunities to challenge ACCA designations. If any of your three predicate convictions can be shown to no longer qualify under current law, the ACCA enhancement falls away entirely — reducing your mandatory minimum from 15 years to zero and potentially cutting your sentence by more than a decade.

The Taylor Categorical Approach

Under Taylor v. United States (1990), courts determine whether a prior conviction qualifies as an ACCA predicate by comparing the elements of the state statute to the generic federal definition of the offense. If the state statute is broader than the federal definition — meaning it criminalizes conduct that would not qualify under the federal definition — the conviction cannot serve as an ACCA predicate. This analysis requires careful review of the specific state statute under which you were convicted, including any amendments to that statute over time. Many ACCA challenges succeed because state burglary, assault, or drug statutes are broader than their federal counterparts.

ACCA challenges require detailed analysis of your state-court criminal history. We have seen defendants facing 15-year mandatory minimums get those enhancements removed because a careful review of their prior convictions showed that one or more did not qualify under current Supreme Court precedent. This is exactly the kind of issue we help identify during PSR review.

How Federal Case Consulting Helps With Firearms Cases

Firearms cases present unique challenges at every stage of the federal process. The combination of high prison rates, mandatory minimums, complex guideline calculations, and the prevalence of criminal history issues makes expert preparation particularly valuable.

Criminal History Category Disputes

With 23.6% of firearms defendants falling into Criminal History Category VI, the accuracy of your criminal history calculation is critical. We review your Pre-Sentence Report (PSR) in detail to identify:

• Stale convictions — prior convictions more than 10 years old (15 for sentences exceeding 13 months) should be excluded from criminal history calculation under USSG §4A1.2(e)
• Improperly scored convictions — misdemeanors counted as felonies, related cases scored separately when they should be grouped, juvenile adjudications improperly included
• ACCA predicate challenges — prior convictions that no longer qualify as “violent felonies” or “serious drug offenses” under current Supreme Court precedent
• Criminal history overrepresentation — grounds for a downward departure under §4A1.3 when the category overstates the seriousness of your criminal history

A single criminal history point can shift your guideline range by months or years. Two points can move you into a higher category entirely. We help your attorney identify every objection worth raising.

PSR Preparation

The Pre-Sentence Report is the single most important document in your case. The probation officer who writes it will calculate your guideline range, classify your criminal history, and make a sentencing recommendation. In firearms cases, PSR accuracy matters more than in almost any other offense type because of the number of enhancements that can apply: type of prior conviction (base offense level 14 vs. 20 vs. 24 vs. 26), number of firearms, stolen firearms, obliterated serial numbers, connection to another felony, and ACCA applicability. We prepare you for the PSR interview and help your attorney review the draft PSR for errors.

Allocution and Sentencing Hearing

Your allocution is your one opportunity to speak directly to the judge before sentencing. In firearms cases, where the 97.7% prison rate and high average sentences can feel predetermined, a well-prepared allocution is often the difference between a within-range sentence and a downward variance. We coach you on what to say, how to say it, and — just as importantly — what not to say. Remember: 33.6% of firearms defendants received a non-government downward variance. The judge is listening.

Prison Preparation and BOP Designation

Firearms defendants often receive longer sentences and face more complex Bureau of Prisons designation issues than other federal defendants. The BOP uses a designation and sentence computation system that factors in sentence length, offense type, criminal history, and other variables to determine your security classification and facility placement. We help with:

• Security classification advocacy — ensuring the BOP has accurate information to avoid over-classification
• Facility research and preference letters — identifying the best facilities for your needs and submitting designation requests
• Intake preparation — what to expect on your first day, how to navigate the intake process, and practical daily life strategies
• First Step Act credit monitoring — ensuring the BOP properly calculates your earned time credits, which a 2026 GAO report found were miscalculated for over 70% of eligible inmates (GAO)
• Program enrollment — RDAP, educational programs, vocational training, and other programs that can reduce your sentence and improve your designation

Family Support

A firearms sentence averaging 71 months — nearly six years — means your family needs a plan. We provide family support services including visitation logistics, communication system setup, financial planning, and emotional preparation. We have been through this ourselves, and we know how critical family stability is to surviving a federal sentence and coming home ready to rebuild.

Frequently Asked Questions

What is the most common federal firearms charge?

Felon in possession under 18 U.S.C. § 922(g) accounts for the vast majority of federal firearms cases — 7,419 cases in FY 2024, making it the second most commonly sentenced federal offense after drug trafficking (USSC). The statute covers nine categories of prohibited persons, but the most frequently charged are convicted felons, persons convicted of domestic violence misdemeanors, and unlawful users of controlled substances. Simple possession is enough — the government does not need to prove you used or intended to use the firearm.

How much prison time does a federal firearms charge carry?

It depends entirely on which statute you are charged under and what enhancements apply. A basic § 922(g) charge has no mandatory minimum and a 15-year maximum — the average sentence in FY 2024 was 67 months (non-ACCA). A § 924(c) charge carries a consecutive 5-year mandatory minimum that the judge cannot reduce, increasing to 7 years if brandished, 10 years if discharged, and 30 years for machine guns or silencers. The ACCA enhancement under § 924(e) imposes a 15-year mandatory minimum. These penalties stack — a defendant with drug trafficking charges plus a § 924(c) count faces the drug sentence plus the firearms minimum, served consecutively.

Can I challenge an ACCA designation?

Yes, and ACCA challenges have been one of the most productive areas of federal sentencing litigation over the past decade. The Supreme Court struck down the residual clause in Johnson v. United States (2015), excluded reckless offenses in Borden v. United States (2021), and clarified the categorical approach in Mathis v. United States (2016). If any of your three predicate convictions no longer qualifies as a “violent felony” or “serious drug offense” under current law, the ACCA enhancement cannot apply. This analysis requires careful review of the specific state statutes under which you were convicted. We help identify these challenges during our PSR review process.

What is a downward variance and how common are they in firearms cases?

A downward variance is when the judge imposes a sentence below the advisory guideline range based on the factors listed in 18 U.S.C. § 3553(a). In FY 2024, 33.6% of § 922(g) defendants received a non-government-sponsored downward variance — meaning the judge, on their own discretion, found reasons to go below guidelines. An additional 5.9% received government-sponsored departures for substantial assistance. Combined, roughly 4 in 10 firearms defendants received a sentence below the guideline range. This is why preparation matters: a compelling sentencing presentation, a thorough PSR review, and a strong allocution all contribute to the likelihood of a variance.

What happens if a firearm is found during a drug investigation?

If law enforcement finds a firearm during a drug trafficking investigation, prosecutors will likely add a § 924(c) count charging the use, carrying, or possession of a firearm during and in relation to a drug trafficking crime. The § 924(c) mandatory minimum of 5 years (or more if brandished/discharged) runs consecutive to the drug sentence — meaning it is added on top, not served concurrently. Even if the drug sentence is 60 months, the total becomes at least 120 months with the § 924(c) count. These cases can also involve money laundering charges if there is evidence of financial activity connected to the drug operation.

Do I need a federal case consultant in addition to my attorney?

Your attorney handles the legal strategy — plea negotiations, motions, guideline arguments, and courtroom advocacy. We handle the dimensions of your case that most law firms do not: PSR interview preparation, criminal history verification, allocution coaching, character reference letter strategy, BOP designation advocacy, prison preparation, and post-conviction credit monitoring. In firearms cases, where 23.6% of defendants are in the highest criminal history category and the average sentence is 71 months, thorough preparation of non-legal factors can make a significant difference. Most defense attorneys welcome our involvement because we complement their work.

What can I do right now if I am facing federal firearms charges?

Three things, immediately. First, do not discuss your case with anyone except your attorney — anything you say can and will be used against you, and conversations with friends, family, or cellmates are not privileged. Second, contact a qualified federal defense attorney if you do not already have one. Third, contact us for a confidential consultation. The earlier we get involved, the more we can help — especially with PSR preparation and criminal history review, which are time-sensitive and have the greatest impact on your sentence. The worst thing you can do right now is nothing.

Sources:

[1] U.S. Sentencing Commission, Quick Facts: 18 U.S.C. § 922(g) Firearms Offenses, Fiscal Year 2024. ussc.gov

[2] 18 U.S.C. § 922(g) — Unlawful Acts (Prohibited Persons). law.cornell.edu

[3] 18 U.S.C. § 924(c), (e) — Penalties (Firearms During Crime of Violence/Drug Trafficking; Armed Career Criminal Act). law.cornell.edu

[4] U.S. Sentencing Commission, Guidelines Manual, §2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms). ussc.gov

[5] U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, Definition of “Frame or Receiver” and Identification of Firearms (Final Rule, 2022). atf.gov

[6] U.S. Government Accountability Office, Bureau of Prisons: Improved Guidance and Oversight of First Step Act Implementation Needed, GAO-26-107268 (2026). gao.gov

[7] Johnson v. United States, 576 U.S. 591 (2015); Borden v. United States, 593 U.S. 420 (2021); Mathis v. United States, 579 U.S. 500 (2016); United States v. Rahimi, 602 U.S. 680 (2024).

Disclaimer: Federal Case Consulting does not act as your legal representation and cannot guarantee any outcomes. The information on this page is for educational purposes and should not be construed as legal advice. Always consult with a qualified attorney regarding your specific legal situation.