Federal Firearms Charges: What You Need to Know
Understanding Federal Firearms Charges
Federal gun laws cover things like who can legally own a firearm, how firearms can be used or sold, and what happens if guns cross state lines. If you’re accused of breaking any of these laws, especially if you have a criminal record, you could be looking at years in federal prison.
In this situation, having the right legal help matters. Prosecutors in federal cases can be aggressive, and with the numerous resources at their disposal, they typically move fast in their attempts to secure convictions. You need a firearms attorney who knows the system and can help you fight back with a strong defense.
At The Law Offices of Valery Nechay, we help clients facing federal firearms charges. We know how these cases work and understand what’s at stake. Whether you’re accused of illegally possessing, using, or transporting a firearm, we can help you build a clear defense to protect your freedom and future.
If you’re facing federal firearms charges, we are here to advocate for your rights and guide you as you fight for your freedom.
Common Types of Federal Firearms Offenses
Federal firearms laws are primarily codified in Titles 18 (especially under Sections 922 and 924) and 26, Chapter 53 of the United States Code. These laws mostly come from the Gun Control Act of 1968 and the National Firearms Act, and they are enforced by federal agencies like the Bureau of Alcohol, Tobacco, Firearms and Explosives ( also known as ATF or BATFE).
Some of the common firearm charges flowing from alleged violations of these laws include the following
Possession by a Prohibited Person – 18 U.S.C. § 922(g)
Some people are not allowed to transport firearms in interstate or foreign commerce or receive any such firearms under federal law. This includes:
- Convicted felons (people who have been convicted in any court for a crime that is punishable by imprisonment for more than a year)
- People with domestic violence convictions
- Drug users or addicts
- Individuals with certain mental health histories
- People under restraining orders
- People who have been dishonorably discharged from the armed forces.
If you’re caught with a gun and fall into any of the prohibited categories, you could face up to 15 years in federal prison.
Possession in Prohibited Areas – 18 U.S.C. § 922(q)
It can also be illegal to possess firearms in certain areas specified by statute.
For example, under 18 U.S.C. § 922(q), it is unlawful to knowingly possess or discharge a firearm that has gone through Interstate or foreign commerce within a school zone (that is within school grounds or 1000 feet from the grounds of a school).
The penalty for this offense is imprisonment for up to five years, payment of a fine, or both fine and imprisonment.
Straw Purchases – 18 U.S. Code § 932(b)
A straw purchase happens when someone buys a gun for another person who either can’t legally have one or wants to avoid background checks. The law makes it illegal to knowingly purchase a firearm for someone else if you know or have reason to believe that the person is prohibited from owning a gun or intends to use it unlawfully.
Upon conviction, this offense can lead to imprisonment for up to 15 years, serious fines, or both fine and imprisonment. But if the offense was committed by a person who knew or had reasonable cause to believe that the weapon would be used to commit a felony, such a person could face up to 25 years in prison.
False Statements on Firearms Forms – 18 U.S.C. § 922(a)(6)
When buying a firearm from a licensed dealer, you must complete certain forms and provide your details to the licensed dealer or manufacturer. Lying on those forms or misrepresenting your identity is a federal crime. This includes false answers about your background, drug use, or criminal history. Even a small misstatement may lead to prosecution.
Upon conviction, this offense can lead to imprisonment for up to ten years.
Prohibited Acts Under 26 U.S. Code § 5861
Under this title, it is illegal to engage in certain prohibited acts, including:
- Failure to pay the special firearms occupational tax for manufacturers, dealers, or importers of firearms
- Removing or altering the serial number of a firearm or possession of such a firearm
- Transporting or receiving an unregistered firearm across state lines.
A person found guilty of any of these prohibited acts may be fined up to $10,000, imprisoned for up to ten years, or face both fine and imprisonment.
Other Consequences of a Federal Firearms Charge
The penalties for federal firearms offenses are generally strict. But the specific penalties a person can face vary depending on the nature of the charge and the presence of aggravating factors, such as if the offense involves using a firearm to commit a felony. But the consequences go well beyond prison time and fines.
If you’re convicted, you may lose your right to own or possess firearms, often for life.
Federal convictions also appear on background checks, which can create major barriers. Employers may be reluctant to hire someone with a weapons-related offense on their record, especially in fields like security, law enforcement, or any job requiring a license or clearance. You may also face challenges securing housing, applying for loans, or continuing your education.
In short, a federal firearms conviction doesn’t just punish you in the courtroom; it follows you long after the case ends. That is why you must do all you can to defend yourself and possibly avoid a conviction in the first place.
At The Law Offices of Valery Nechay, we don’t just focus on the charges. You can count on us to help you understand the full scope of what’s at stake and fight for the best outcome possible.
Potential Defenses Against Federal Firearms Charges
If you’re facing a federal firearms charge, the situation might feel overwhelming. But you do have options.
Being charged with a federal firearms offense doesn’t mean a conviction is inevitable. These cases are complex, and the government must prove its case beyond a reasonable doubt, which means the burden is on the prosecutor to establish guilt. On your part, there are legal defenses that could help you avoid a conviction or possibly reduce the penalties you may face, depending on your case. Some of these defenses/strategies include:
Unlawful Search and Seizure
One of the most powerful defenses in criminal cases generally involves how the evidence was obtained. Under the Fourth Amendment, law enforcement must follow strict rules when searching your property. If officers searched your home, vehicle, or personal belongings without a proper warrant or probable cause, any firearm they found might not be allowed in court.
If such important evidence is successfully excluded, it can affect the prosecution’s case and possibly lead to the charges against you being dropped or dismissed.
Lack of Knowledge
Many firearms offenses require the suspect to have knowingly carried out the prohibited act for them to be guilty. In such cases, proving a lack of knowledge might be enough to avoid a conviction.
Problems With the Evidence
Federal prosecutors must prove that the firearm is the one connected to the alleged offense. That means maintaining a clear, uninterrupted chain of custody from the moment the gun was recovered to its appearance in court. Your attorney can help investigate whether the weapon was stored, handled, or logged correctly. If any part of the process was sloppy or incomplete, they can use that to challenge the reliability of the evidence.
Procedural Errors
Federal cases are held to high standards, and law enforcement must follow specific steps throughout the investigation and arrest. If your rights were violated—whether through failure to read your Miranda rights, a delayed arraignment, or mishandling of evidence—these mistakes can be used to suppress charges or reduce penalties.
Affirmative Defenses
In limited situations, you may have had a legal justification for having a firearm. This includes acting under duress (being threatened or forced) or possessing the firearm briefly in self-defense. Though rare, these defenses may be effective with the right evidence.
At The Law Offices of Valery Nechay, we know that every case is different, so we don’t rely on cookie-cutter defenses. If you choose to work with us, you can trust us to take the time to understand your situation and help create a strategy that fits.
Why Choose The Law Offices of Valery Nechay?
When you’re facing federal firearms charges, the attorney you choose to represent you can make a significant difference.
At The Law Offices of Valery Nechay, we bring years of experience in federal criminal defense and a deep understanding of the complex laws governing firearms offenses under federal statutes. Our knowledge of the U.S. Code and federal procedures helps us identify appropriate defense strategies early and act quickly to protect your rights.
We know that no two cases—or clients—are alike. That’s why we don’t offer generic solutions. Our firm takes a personalized, hands-on approach to every case. From the moment you contact us, we invest the time to understand your background, the details of your charges, and your goals. Whether you’re accused of unlawful possession, a straw purchase, or making false statements on federal forms, we can tailor our defense strategy to fit your unique situation.
When circumstances demand, we can help clients negotiate favorable plea deals. When a trial becomes necessary, we can fight aggressively in court and advance strong legal arguments to support our clients’ positions. Our team isn’t afraid to challenge federal prosecutors or expose weaknesses in the government’s case.
Federal firearms charges carry serious penalties, and the clock starts ticking the moment you’re charged. Acting fast is critical. Every day matters when it comes to preserving evidence, building a defense, and protecting your future. If you or someone you care about is facing a federal firearms charge, don’t wait. Contact The Law Offices of Valery Nechay today. Let’s talk about your options—and start building your defense.
From beginning to end, we’re committed to guiding you through the legal process with clarity, strategy, and a fierce dedication to your defense.
Get a Free ConsultationAt the heart of The Law Offices of Valery Nechay is the belief that everyone deserves a criminal defense regardless of what they have been accused of. Contact Valery Nechay, the top criminal lawyer in San Francisco and the Bay Area, to begin your criminal defense today.