Federal Weapons Charges Lawyer
At The Law Offices of Beau B. Brindley, we defend individuals facing federal firearms charges and federal violent crime allegations. If you are facing federal gun charges, call 312.765.8878. The earlier an experienced federal weapons charges lawyer enters your case, the more options exist.
What Are Federal Firearms Charges?
Federal firearms charges arise under a broad range of statutes, the most commonly charged offense being 18 U.S.C. § 922(g) — the felon in possession statute. This statute prohibits individuals with a previous felony conviction or domestic violence misdemeanor from possessing a firearm. Federal jurisdiction also extends to situations where firearms cross state lines. Additionally, it applies when someone uses a firearm in connection with a drug trafficking offense or crime of violence, or when the alleged conduct involves licensed firearms dealers.
Federal gun charges differ from state firearms offenses in several critical aspects. Federal mandatory minimum sentences are applicable in many federal firearms cases, resulting in longer sentences. Federal investigations are conducted by the ATF, FBI, and DEA. — These agencies utilize sophisticated forensic capabilities and extensive surveillance resources. A federal gun charges defense attorney and federal firearms lawyer must understand both the statutory framework and the investigative methods federal agencies use to construct these cases.
Federal Firearms Charges We Defend
Our team has experience across the full range of federal firearms and violent crime charges. Charge types carry distinct legal requirements, sentencing exposure, and defense strategies, all of which our team is prepared to represent.
Felon in Possession — 18 U.S.C. § 922(g)
The felon in possession statute — § 922(g) — is the most frequently charged federal firearms offense. A conviction under this statute requires the government to prove three elements. First, the defendant has a prior qualifying conviction. Second, the defendant knowingly possessed a firearm or ammunition. Third, the firearm or ammunition traveled in interstate commerce.
A felon in possession defense attorney challenges each element. These include the nature and validity of the prior conviction, the actual knowledge and possession of the weapon, and the government evidence of interstate nexus.
A federal firearms attorney must also be alert to the Armed Career Criminal Act (ACCA), under 18 U.S.C. § 924(e), which applies a 15-year mandatory minimum when a defendant has three prior qualifying violent felony or serious drug offense convictions. ACCA dramatically increases sentencing exposure and requires careful analysis of each prior conviction.
Armed Career Criminal Act Defense
The Armed Career Criminal Act is one of the most severe sentencing enhancements in the federal criminal code, and only an armed career criminal defense attorney is capable of challenging whether each prior conviction qualifies as a predicate offense. The Act defines qualifying predicates as violent felony and serious drug offense, definitions that courts have narrowed significantly. Supreme Court decisions in Johnson v. United States and Borden v. United States have narrowed ACCA reach, creating opportunities to challenge prior convictions that the government claims qualify.
Using a Firearm in Connection with a Crime of Violence or Drug Trafficking
Federal Violent Crime Defense
How to Beat a Federal Gun Charge
How to beat a federal gun charge depends on the statute charged, the evidence assembled, and the prior record.
Challenging the search and seizure
Challenging constructive possession
The government often pursues felony charges in possession cases based on constructive possession. This means that the defendant controlled the firearm even if they did not physically hold it. Challenging constructive possession requires attacking the evidence of the defendant’s knowledge and access to the weapon. A felon in possession defense lawyer who understands the constructive possession doctrine can often create reasonable doubt.
Challenging prior conviction predicates
Many federal firearms sentencing enhancements — including ACCA — depend on the nature of the prior convictions. A 922g defense attorney meticulously reviews each prior conviction to determine whether it qualifies as a predicate offense. In many cases, convictions that appear to qualify fail to meet the statutory definitions after careful analysis of the applicable case law.
Can Federal Gun Charges Be Dropped?
Why Choose Brindley Law for Federal Firearms Defense
The Law Offices of Beau B. Brindley handles federal firearms and violent crime cases with the same trial-first approach we bring to every federal matter. We do not assume that a firearm in the vicinity means conviction is inevitable. We challenge the search, the possession theory, and prior convictions. We pursue litigation when doing so serves our client’s interest.
As a federal firearms charges Chicago and nationwide federal firearms attorney clients rely on, we bring deep experience in the statutes and sentencing enhancements that govern these cases. That experience is built case by case in federal courtrooms across the country. Every federal weapons charges lawyer at our firm brings specific experience in the statutes and enhancements that govern these cases. Call 312.765.8878 today for a confidential consultation with a federal weapons charges lawyer.
Federal Firearms Sentencing
Federal firearms sentencing guidelines produce significant prison terms. The base offense level under U.S.S.G. § 2K2.1 depends on the type of firearm, the prior convictions, and whether the firearm was used in connection with another offense. Enhancements apply for stolen firearms, high-capacity magazines, the number of firearms involved, and trafficking.
Mandatory minimum sentences add additional complexity. A 922(g) conviction without ACCA carries up to 10 years. With ACCA, however, individuals face a 15-year mandatory minimum. Additionally, a 924(c) conviction adds five, seven, or ten years consecutively. An experienced federal firearms attorney understands how these mandatory minimums interact with the Guidelines and where the arguments for reduction exist.
Talk to a federal defense attorney
Early representation creates the most options. Speak with us confidentially about your case — there is no obligation.
Results
United States v. Szyman — pain-management physician acquitted at trial on federal unlawful prescribing charges
Federal healthcare fraud indictment — charges dismissed before trial.
Federal Practice Areas
Frequently Asked Questions
How to beat a federal gun charge?
What is the felon in possession statute?
The felon in possession statute — 18 U.S.C. § 922(g) — prohibits anyone with a prior qualifying felony conviction from possessing a firearm or ammunition. To enforce the statute, the government must prove the prior conviction, knowing possession, and interstate travel with the firearm. A felon in possession defense attorney expertly challenges each element and reviews the prior conviction to determine whether it qualifies as a predicate offense under the applicable statute and case law.
What is the Armed Career Criminal Act?
The Armed Career Criminal Act (ACCA) — 18 U.S.C. § 924(e) — imposes a 15-year mandatory minimum sentence on defendants convicted under 922(g) who have three prior qualifying violent felony or serious drug offense convictions. An armed career criminal defense attorney challenges whether each prior conviction meets ACCA statutory definitions. Supreme Court decisions have significantly narrowed ACCA scope, creating opportunities to challenge enhancements that would otherwise add decades to a sentence.
Can federal gun charges be dropped?
Can federal gun charges be dropped? Yes. Common grounds for charges to be dropped include successful suppression of the firearm based on Fourth Amendment violations. Dismissal for insufficient evidence and successful challenge to required elements such as knowing possession or interstate nexus are also viable grounds. A federal weapons charges lawyer evaluates every available ground for dismissal and uses any weakness in the case to achieve the best possible outcome.
What is a 924(c) charge?
A 924(c) charge requires the government to prove the defendant used or carried a firearm during, and that its usage was in relation to a crime of violence or drug trafficking offense. A five year sentence applies for possession, seven for brandishing, and ten for discharge — each mandatory and consecutive. Consequently, a single 924(c) conviction can add a decade or more to a sentence. A federal firearms attorney challenges the predicate offense, the connection between the firearm and the offense, and the factual basis for the theory.
What should I do if charged with a federal firearms offense?
Protect Your Future.
Call Brindley Law Today.
Federal firearms charges and violent crime allegations carry years of mandatory prison time and permanent consequences. You need a federal weapons charges lawyer who will challenge the case at every stage. Call The Law Offices of Beau B. Brindley at 312.765.8878. As federal firearms charges Chicago and nationwide clients rely on, we bring trial-ready defense to every firearms and violent crime matter we handle.