Federal Firearms Offenses: An Overview

Federal firearms charges arise from a different body of law than the gun charges most people hear about in local news. While states handle the bulk of everyday weapons offenses, the federal government prosecutes firearms crimes that involve interstate commerce, federal licensing, or specific prohibited categories of people and weapons.

The most commonly charged federal firearms offense is possession of a firearm by a prohibited person. Federal law bars certain people from possessing guns or ammunition, including convicted felons, people convicted of domestic violence misdemeanors, fugitives, unlawful users of controlled substances, and people subject to certain restraining orders. Because nearly all firearms have traveled in interstate commerce at some point, this charge can apply in a wide range of situations.

Another major category involves the use of a firearm during a crime of violence or a drug trafficking crime. This carries severe mandatory penalties that run consecutively, meaning they are added on top of the sentence for the underlying crime rather than served at the same time. A conviction on this charge alone can add years to a sentence.

Federal law also regulates certain types of weapons more strictly. Unregistered machine guns, short-barreled rifles and shotguns without proper registration, and silencers fall under the National Firearms Act, which requires registration and a tax stamp. Possession of these items without compliance can lead to federal charges.

Straw purchases, buying a gun on behalf of someone who cannot legally buy one, are another frequent target of federal prosecution. Licensed dealers are required to have buyers complete federal forms, and lying on those forms is itself a federal crime.

Penalties for federal firearms offenses are often steep, and repeat offenders face enhanced sentences under provisions like the Armed Career Criminal Act, which imposes a lengthy mandatory minimum on felons with three prior violent felony or serious drug convictions who possess a firearm.

Related reading: Federal vs State Drug Charges: What's the Difference?

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This article is general information, not legal advice. It does not create an attorney-client relationship.