Criminal Defense · Sub-Practice

Weapons & Firearms Charges

Gun charges carry mandatory minimums. The time to act is before you say a word.

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§ Overview

What these charges actually mean.

Weapons charges range from minor permit violations to serious federal felonies. What they have in common is speed — the decisions made in the first hours after arrest can determine the outcome of your case.

Weapons charges encompass unlawful possession of a firearm, carrying without a permit, possession by a prohibited person (felons, domestic violence convictees), possession of illegal weapons (automatic weapons, unregistered suppressors), and using a firearm in the commission of another crime. Federal law adds an additional layer — the federal government has its own firearms statutes that can stack on top of state charges and carry severe mandatory minimums.

§ What's at stake — potential penalties

▸Unlawful concealed carry: misdemeanor to low-level felony, typically 1–3 years
▸Felon in possession of a firearm: federal felony, 0–10 years; mandatory minimum if prior violent convictions
▸Using a firearm in a drug trafficking crime: 5-year mandatory minimum federal sentence, consecutive to other charges
▸Brandishing a firearm during a crime: 7-year mandatory minimum federal sentence
▸Discharge of a firearm during a crime: 10-year mandatory minimum federal sentence
▸Possession of an unregistered NFA item (suppressor, machine gun): up to 10 years federal

§ Common defense strategies

›Fourth Amendment suppression — unlawful stops, frisks, or searches that produced the weapon
›Lack of knowing possession — the weapon was in a shared space, vehicle, or bag
›Challenging the classification of the weapon as an illegal firearm under state or federal law
›Affirmative defenses: lawful self-defense transport, temporary innocent possession
›Challenging prior felony convictions used to trigger the "felon in possession" charge
›Negotiating state charges to avoid triggering federal "Armed Career Criminal" enhancements

“The most powerful tool in a weapons defense case is often the Fourth Amendment. If the police lacked reasonable suspicion to stop you, probable cause to search, or a valid warrant, the weapon they found may be suppressible as "fruit of the poisonous tree" — and without the weapon, there is no case. Ask every attorney you consult whether they have filed and won suppression motions before evaluating anything else.”
— The Counsel editors

§ What to look for in an attorney

01Experience with both state and federal weapons charges — the two systems interact in complex ways
02Knowledge of your state's concealed carry laws, reciprocity agreements, and permit exemptions
03Familiarity with federal sentencing enhancements like the Armed Career Criminal Act
04Track record of successful suppression motions — unlawful searches drive many weapons cases
05Understanding of NFA rules and ATF classification if exotic weapons are involved
06Resources to hire ballistics or forensic experts if weapon identification is in dispute

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§ Ask these at your consultation

6 questions that matter

❓Was the weapon found during a lawful search, or do we have a suppression argument?
⚖️Does my prior record expose me to federal prosecution or enhanced penalties?
🔍Is this being prosecuted at the state or federal level — or both?
📋What are the mandatory minimum sentences for the specific charges filed against me?
💬Do I have any valid permit, license, or affirmative defense to the possession charge?
💡Can the weapons charge be resolved separately from any other charges in my case?

§ Frequently asked questions

Common questions about weapons & firearms charges.

Can I be charged with a weapons offense even if the gun was not mine?

Yes. Constructive possession — legal possession of something you did not physically hold but had knowledge of and control over — applies to weapons. If a gun was found in your car or apartment and you knew about it, you can be charged with possession even if someone else owned it.

What is the difference between a state weapons charge and a federal one?

State charges generally carry shorter sentences and allow for probation in some cases. Federal weapons charges often carry mandatory minimum sentences that the judge cannot reduce below — even if they want to. Federal "felon in possession" charges triggered by certain prior records can result in 15-year mandatory minimums under the Armed Career Criminal Act.

Does a weapons charge affect my right to own guns in the future?

A felony conviction permanently prohibits you from possessing firearms under federal law. Even a misdemeanor domestic violence conviction carries a federal firearm prohibition. Some states add their own additional bars. In some cases, civil rights can be restored through a formal petition — an attorney can advise on the process in your state.

What is the "felon in possession" charge?

Under 18 U.S.C. § 922(g), it is a federal felony for any person convicted of a crime punishable by imprisonment of more than one year to possess a firearm or ammunition. This is one of the most commonly charged federal offenses and carries up to 10 years in prison — or much more if prior violent or drug felonies trigger Armed Career Criminal status.

§ Counsel