Federal Firearms Charges: 2026 Guide to Federal Gun Charges & Penalties

Federal firearms charges are prosecuted under Title 18 of the U.S. Code — primarily 18 U.S.C. §§ 922 and 924 — and they carry some of the harshest penalties in American criminal law, including mandatory minimum prison sentences that judges cannot reduce. If you or a loved one is under federal investigation or has been indicted on a federal gun charge, the stakes are different from state court: longer sentences, no parole in the federal system, and prosecutors who rarely dismiss cases once charges are filed.

This guide, written by Board Certified Criminal Lawyer Benson Varghese, breaks down every major federal firearms offense — the statute, what the government must prove, the punishment range (including mandatory minimums), and the defenses that actually work in federal court.

Quick Answer: What Are Federal Firearms Charges?

Federal firearms charges are criminal offenses involving the possession, sale, transfer, manufacture, or use of firearms or ammunition in violation of federal law. The most commonly charged federal gun offenses are:

• Felon in possession of a firearm — 18 U.S.C. § 922(g)(1), up to 10 years (15-year minimum under ACCA)
• Possession of a firearm in furtherance of a drug trafficking crime or crime of violence — 18 U.S.C. § 924(c), 5-year mandatory minimum, consecutive to any other sentence
• Possession of an unregistered NFA firearm (machine gun, suppressor, short-barreled rifle or shotgun) — up to 10 years
• Straw purchasing / lying on ATF Form 4473 — up to 15 years under the Bipartisan Safer Communities Act
• Firearms trafficking — up to 15 years under 18 U.S.C. § 933

A federal gun case almost always involves the FBI, ATF, DEA, or Homeland Security, a grand jury indictment, and a U.S. Attorney’s Office that wins the overwhelming majority of cases that go to trial. The right time to hire experienced counsel is the moment you know you are a target — not after indictment.

Why You Should Listen to Us

Benson Varghese is the founder and Managing Partner of Varghese Summersett, a Texas law firm with offices in Fort Worth, Dallas, Southlake, and Houston. He is Board Certified in Criminal Law by the Texas Board of Legal Specialization — a distinction held by fewer than 1% of Texas attorneys. He began his career as a felony prosecutor in the Tarrant County District Attorney’s Office and has spent the last decade defending people in state and federal court, including in the Northern District of Texas. He has tried more than 100 jury trials and has represented clients on the full range of federal gun charges discussed below.

This guide is written for people who want a clear, accurate explanation of federal firearms law. Every statute below is current as of 2026 and reflects post-Bruen, post-Rahimi, and post-Bipartisan Safer Communities Act developments. Nothing here is legal advice; if you are facing federal gun charges, talk to a federal criminal defense lawyer immediately.

Federal Gun Charges vs. State Gun Charges: What’s the Difference?

The same conduct can sometimes be charged in either state or federal court. A gun case typically becomes a federal firearms case when one or more of the following is true:

• The firearm or ammunition crossed state lines at some point (almost always true — this is the “interstate commerce” hook that gives federal courts jurisdiction).
• The defendant is a “prohibited person” under 18 U.S.C. § 922(g) — most commonly a convicted felon.
• A gun was used in connection with a federal drug trafficking offense or federal crime of violence.
• The case involves the National Firearms Act (machine guns, suppressors, short-barreled rifles or shotguns).
• The case involves trafficking, straw purchases, or large-scale dealing without a Federal Firearms License.

Federal sentences are typically longer than state sentences for similar conduct, there is no parole in the federal system (defendants serve roughly 85% of the imposed sentence), and many federal gun charges carry mandatory minimums that strip the judge of discretion.

Federal Gun Charges at a Glance

1. Possession of a Firearm or Ammunition by a Prohibited Person — 18 U.S.C. § 922(g)

What 18 U.S.C. § 922(g) Prohibits

This is the single most-charged federal firearm offense in the United States. It is a federal crime for any of the following “prohibited persons” to ship, transport, possess, or receive any firearm or ammunition that has traveled in interstate or foreign commerce:

• Anyone convicted of a crime punishable by more than one year in prison (felons)
• Fugitives from justice
• Unlawful users of, or those addicted to, any controlled substance
• People who have been adjudicated as mentally defective or committed to a mental institution
• People unlawfully in the United States, or admitted on a nonimmigrant visa (with limited exceptions)
• People dishonorably discharged from the Armed Forces
• People who have renounced their U.S. citizenship
• People subject to a qualifying domestic-violence protective order
• People convicted of a misdemeanor crime of domestic violence

Section 922(n) separately makes it a crime for anyone under indictment for a felony to ship, transport, or receive a firearm or ammunition in interstate commerce.

What the Government Must Prove

After the Supreme Court’s 2019 decision in Rehaif v. United States, the government must prove the defendant knew of the status that made his possession unlawful — for example, that he knew he had been convicted of a felony. This is a more demanding standard than the law previously required and creates real defense leverage in close cases.

Punishment Range

Up to 10 years in federal prison and a fine of up to $250,000. However, under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), a defendant with three prior convictions for a “violent felony” or “serious drug offense” faces a 15-year mandatory minimum up to life. The Supreme Court’s 2024 decision in Brown v. United States and ongoing post-Bruen challenges have reshaped what counts as a qualifying prior — and have created significant new defense opportunities.

Defenses to Felon-in-Possession Charges

• Lack of knowing possession. Constructive possession cases — where the gun was in a car, house, or storage unit accessed by multiple people — often fail on this element.
• Rehaif challenges. The government must prove the defendant knew of his prohibited status at the time of possession.
• Fourth Amendment suppression. If the firearm was found during an unlawful stop, search, or vehicle inventory, the evidence can be thrown out.
• Civil rights restoration. If the underlying conviction has been pardoned, expunged, or had civil rights fully restored, § 922(g)(1) may not apply.
• Constitutional challenges post-Bruen and Rahimi. Lower courts are still working through whether certain § 922(g) categories survive Second Amendment scrutiny.

2. Selling, Giving, or Disposing of a Firearm to a Prohibited Person — 18 U.S.C. § 922(d)

It is a federal crime to sell or otherwise transfer a firearm or ammunition to anyone you know or have reasonable cause to believe falls within one of the § 922(g) prohibited categories. This is the statute most often used to charge people who hand off a firearm to a felon roommate, partner, or family member.

Punishment: Up to 10 years in federal prison. If charged as a straw purchase under the newer § 932, the exposure can be up to 15 years — or 25 years if the firearm was intended for use in terrorism, drug trafficking, or a crime of violence.

Common defenses: Lack of actual knowledge or reasonable cause to believe the recipient was prohibited; the transfer was within an exception (such as a loan to a hunting partner under specific conditions); chain-of-custody or attribution problems with the seized firearm.

3. Using, Carrying, or Possessing a Firearm in Furtherance of a Drug Trafficking Crime or Crime of Violence — 18 U.S.C. § 924(c)

Section 924(c) is the most feared statute in federal firearms law. It applies when a person uses or carries a firearm during and in relation to — or possesses a firearm in furtherance of — any federal drug trafficking crime or crime of violence. The firearm does not have to be loaded, displayed, or even taken out of a bag. Mere accessibility “in furtherance” of the underlying offense is enough.

Section 924(c) Mandatory Minimums (Stacked, Consecutive)

• 5 years — possessing a firearm in furtherance of the underlying crime
• 7 years — if the firearm was brandished
• 10 years — if the firearm was discharged
• 10 years — for a short-barreled rifle or short-barreled shotgun
• 30 years — for a machine gun, destructive device, or any firearm equipped with a silencer or muffler
• 25 years — for a second or subsequent § 924(c) conviction
• Life — second or subsequent conviction involving a machine gun or destructive device
• Death penalty — available if death results from use of the firearm

Every § 924(c) sentence is consecutive to any sentence for the underlying offense — it cannot run concurrently. That is why federal prosecutors use § 924(c) as their most effective plea-bargaining lever.

Defenses to § 924(c)

• The firearm was not possessed “in furtherance” of the underlying crime — mere presence is not enough.
• Insufficient proof of the underlying drug trafficking crime or crime of violence (if the predicate fails, § 924(c) fails).
• Post-United States v. Davis (2019) and Borden v. United States (2021) challenges to whether the predicate offense qualifies as a “crime of violence.”
• Constructive possession defenses where the gun belonged to a co-defendant or third party.

4. Stolen Firearm, Ammunition, or Explosive — 18 U.S.C. § 922(j), (k), (l), & (u)

It is a federal crime to receive, possess, conceal, store, pledge, accept as security, barter, sell, or dispose of any stolen firearm, ammunition, or explosive that has crossed state lines. Section 922(k) separately prohibits possessing a firearm with an altered, obliterated, or removed serial number. Section 922(u) makes it a crime to steal a firearm from a federally licensed dealer.

Punishment: Up to 10 years in federal prison per count.

Defenses: Lack of knowledge that the firearm was stolen or that the serial number was altered; lawful chain of ownership; Fourth Amendment suppression.

5. Firearm in a School Zone — 18 U.S.C. § 922(q)

The Gun-Free School Zones Act makes it a federal crime to knowingly possess a firearm in a place the person knows, or has reasonable cause to believe, is a school zone — defined as in, or within 1,000 feet of, the grounds of a public, parochial, or private school. Discharging a firearm in a school zone is a separate, more serious offense.

Punishment: Up to 5 years in federal prison. The sentence runs consecutively to any other sentence imposed.

Defenses: The person held a valid state concealed-carry license issued in the same state as the school zone (a key statutory exception); the firearm was unloaded and in a locked container; lack of knowledge of the school zone; the firearm was on private property not part of the school grounds.

6. NFA & Restricted Firearms: Machine Guns, Suppressors, Short-Barreled Rifles & Shotguns — 18 U.S.C. § 922 & 26 U.S.C. § 5861

Under the National Firearms Act and 18 U.S.C. § 922(a), (b), (o), (v), and (w), it is a federal crime to knowingly possess, transfer, or manufacture certain heavily regulated firearms without ATF registration and the required tax stamp. These include:

• Machine guns (any firearm capable of fully automatic fire, including conversion devices like “auto sears” and “Glock switches”)
• Silencers / suppressors
• Short-barreled rifles (SBRs) and short-barreled shotguns (SBSs)
• “Destructive devices” — grenades, bombs, certain large-bore weapons
• Firearms with no serial number or an altered/obliterated serial number
• “Any other weapons” (AOWs) as defined by 26 U.S.C. § 5845

Punishment: Up to 10 years in federal prison per count under 26 U.S.C. § 5871; § 922(o) machine gun violations also carry up to 10 years. If one of these firearms is used in connection with another crime, § 924(c) enhancements (above) apply.

Defenses: Lack of knowledge of the firearm’s restricted characteristics (an essential element under Staples v. United States); the firearm was properly registered and the tax stamp was paid; defective ATF determination; Second Amendment challenges (still developing for suppressors and certain other NFA items).

7. Sale, Delivery, or Transfer to a Juvenile — 18 U.S.C. § 922(x)

It is a federal crime to sell, deliver, or otherwise transfer a handgun or handgun ammunition to anyone under 18, and it is a separate offense for a person under 18 to possess a handgun or handgun ammunition. Statutory exceptions exist for hunting and sport-shooting with written parental permission.

Punishment: Up to 1 year in federal prison. Up to 10 years if the transferor had reason to believe the juvenile would commit a crime of violence with the firearm or ammunition.

8. Forfeiture of Firearms, Ammunition, and Explosives — 18 U.S.C. § 924(d)

Section 924(d) authorizes the federal government to seize and forfeit any firearm, ammunition, or explosive involved in or used in a knowing violation of federal firearms law. Forfeiture is a civil proceeding that runs parallel to (and is not dependent on) a criminal conviction. People often lose lawfully owned firearms through forfeiture even when criminal charges are dismissed.

Defenses: The firearm was not used in or connected to a federal offense; innocent-owner defenses under 18 U.S.C. § 983(d); procedural challenges to the seizure.

9. Engaging in the Business of Dealing Firearms Without a License — 18 U.S.C. § 922(a)(1)(A)

It is a federal crime for anyone other than a licensed importer, manufacturer, or dealer to engage in the business of importing, manufacturing, or dealing in firearms. Under the Bipartisan Safer Communities Act of 2022 and 2024 ATF rulemaking, the definition of “engaged in the business” has been broadened — selling firearms predominantly to earn a profit, even outside a traditional storefront, can now trigger licensing requirements.

Punishment: Up to 5 years in federal prison.

Defenses: The seller was making occasional sales from a personal collection or hobby, not engaged in the business; lack of profit motive; First Amendment and due-process challenges to the new ATF rule.

10. Straw Purchasing — 18 U.S.C. § 932 (New since 2022)

The Bipartisan Safer Communities Act of 2022 created the first standalone federal straw-purchasing statute. A “straw purchase” is when a person buys a firearm on behalf of someone else — typically a prohibited person — and lies about being the actual buyer on ATF Form 4473.

Punishment: Up to 15 years in federal prison. Up to 25 years if the firearm was intended for use in connection with a crime of violence, drug trafficking, or terrorism.

Defenses: The purchase was a lawful gift (gifts are not straw purchases if the recipient is not prohibited); lack of intent to transfer; mistake on the Form 4473 was not knowing or willful.

11. Firearms Trafficking — 18 U.S.C. § 933 (New since 2022)

Section 933, also created by the Bipartisan Safer Communities Act, makes it a standalone federal offense to ship, transport, transfer, or otherwise dispose of two or more firearms to another person knowing — or having reasonable cause to believe — that the transfer would be a federal or state firearms offense.

Punishment: Up to 15 years in federal prison; up to 25 years for trafficking tied to terrorism, drug trafficking, or a crime of violence.

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

ACCA is not a standalone offense — it is a sentencing enhancement attached to § 922(g) felon-in-possession cases. If the defendant has three or more prior convictions for a “violent felony” or “serious drug offense” committed on separate occasions, the maximum 10-year § 922(g) sentence becomes a 15-year mandatory minimum up to life.

ACCA is among the most heavily litigated statutes in federal court. Whether a particular prior conviction qualifies turns on the “categorical approach” — comparing the elements of the prior offense to the federal definition. Cases like Mathis v. United States, Borden v. United States, Wooden v. United States, and Brown v. United States (2024) have repeatedly narrowed ACCA’s reach. A skilled federal defense lawyer can often knock a single qualifying prior out of the ACCA stack — and bring the sentence from 15-to-life back down to 0-to-10.

How the Feds Investigate and Prosecute Gun Cases

Federal firearms investigations typically follow this path:

1. Investigation. The ATF, FBI, DEA, or Homeland Security Investigations (HSI) builds the case — often using confidential informants, controlled buys, social media, jail calls, and ATF trace data.
2. Target letter or arrest. Some defendants receive a target letter from the U.S. Attorney’s Office before charges are filed. Most learn they are under investigation when agents knock on the door — or when they are arrested.
3. Grand jury indictment. Federal felonies require a grand jury indictment under the Fifth Amendment.
4. Initial appearance and detention hearing. Many federal gun defendants are held without bond pending trial under 18 U.S.C. § 3142, particularly in § 924(c) and ACCA cases.
5. Discovery and motion practice. Suppression motions, motions to dismiss, and challenges to the indictment.
6. Plea or trial. Roughly 97% of federal cases end in a guilty plea. The right defense lawyer can often negotiate dismissal of § 924(c) counts in exchange for a plea to the underlying offense — a difference that can mean a decade of freedom.
7. Sentencing. Federal judges apply the U.S. Sentencing Guidelines, but mandatory minimums (when they apply) override the Guidelines.

Top Defenses to Federal Firearms Charges

There is no single playbook — every case is different. But these are the defenses that move the needle most often in federal gun cases:

• Fourth Amendment suppression. If the firearm was found during an illegal stop, frisk, search, or inventory, the gun comes out — and the case usually collapses.
• Lack of knowing possession. Constructive possession (gun in a shared car or apartment) is regularly defensible.
• Rehaif knowledge defenses. The government must prove the defendant knew his prohibited status.
• Categorical-approach challenges to ACCA and § 924(c) predicate offenses.
• Second Amendment challenges under Bruen and Rahimi — particularly for non-violent prohibited categories.
• Duress. Possession under an imminent, unlawful threat of death or serious injury.
• Defects in ATF investigation or trace evidence.
• Sentencing mitigation — even when conviction is likely, careful sentencing advocacy under § 3553(a) and the Guidelines routinely cuts years off federal sentences.

Federal Firearms Charges: Frequently Asked Questions

What is the most common federal gun charge?

The most common federal firearms charge is felon in possession of a firearm under 18 U.S.C. § 922(g)(1), which carries up to 10 years in federal prison — or a 15-year mandatory minimum under the Armed Career Criminal Act if the defendant has three qualifying prior convictions.

What is the mandatory minimum sentence for federal gun charges?

The most common mandatory minimum is 5 years under 18 U.S.C. § 924(c) for possessing a firearm in furtherance of a federal drug trafficking crime or crime of violence. This 5 years is in addition to — and must be served consecutive to — any other sentence. Brandishing the firearm raises the minimum to 7 years; discharging it raises it to 10 years; a machine gun, destructive device, or silencer raises it to 30 years.

How much time can you get for a federal gun charge?

It depends entirely on the specific statute. Most § 922 offenses carry up to 10 years. Section 924(c) starts at 5 years and goes up to life or death. Under ACCA, a felon-in-possession case can become a 15-years-to-life sentence. Straw purchasing and trafficking under §§ 932 and 933 carry up to 15 or 25 years.

Can a federal gun charge be dismissed?

Yes — though it is uncommon and almost never happens without a strong suppression motion, a Rehaif challenge, a categorical-approach attack on a predicate offense, a Second Amendment challenge, or a successful negotiation with the U.S. Attorney’s Office. The earlier experienced counsel is involved, the better the odds.

Is parole available in federal prison?

No. Parole was abolished in the federal system for offenses committed after November 1, 1987. Federal defendants typically serve about 85% of their sentence with good-time credit.

Does the Second Amendment protect me from federal gun charges?

After New York State Rifle & Pistol Association v. Bruen (2022) and United States v. Rahimi (2024), the Supreme Court has reshaped the test for evaluating firearms regulations. Lower federal courts are actively reconsidering several § 922(g) prohibited categories. The doctrine is still developing — meaning constitutional defenses that did not exist five years ago are now genuinely available in the right case.

What is a “prohibited person” under federal law?

Under 18 U.S.C. § 922(g), a “prohibited person” includes anyone convicted of a felony, fugitives from justice, unlawful drug users, certain mental health committees, people unlawfully in the U.S., those dishonorably discharged from the military, people who have renounced U.S. citizenship, people subject to qualifying domestic-violence protective orders, and people convicted of misdemeanor crimes of domestic violence.

Will I lose my gun rights if convicted in federal court?

Yes. A federal felony conviction permanently strips a person of the right to possess firearms or ammunition under § 922(g)(1). Restoration is extremely difficult; the ATF’s relief program has been defunded for decades, and federal expungement is virtually nonexistent.

Charged with a Federal Firearms Offense in Texas? Call Varghese Summersett.

Federal gun cases are not state cases with longer sentences — they are a different system, with different rules, different prosecutors, and different stakes. The U.S. Attorney’s Office for the Northern District of Texas, Eastern District, Southern District, and Western District prosecutes thousands of federal firearms cases every year, and the conviction rate is overwhelming. The right defense lawyer can be the difference between a five-year mandatory minimum and a sentence you can actually come home from.

If you or someone you love is under investigation or has been indicted on a federal firearms charge anywhere in Texas, call Varghese Summersett at 817-203-2220 for a confidential consultation. We have offices in Fort Worth, Dallas, Southlake, and Houston and represent clients in federal courts throughout Texas.