Is a Federal Weapons Charge Automatic Prison Time?

 Posted on August 14, 2025 in Federal Crimes

If you are accused of violating federal gun laws, you may be subject to significant consequences that can affect your future. Federal gun crimes are prosecuted by federal agencies like the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). These charges are often associated with long prison terms and mandatory minimum penalties. It is essential to understand the nature of the charges, the potential penalties, and the defenses available to you. A Chicago, IL gun crimes defense attorney can help you understand your rights.

Mandatory Minimum Penalties for Federal Firearms Offenses

Federal firearms offenses come with strict mandatory minimum sentences that can lead to severe consequences. These penalties depend on the nature of your charge and your criminal history. However, those convicted tend to face significant prison sentences. For example, under 18 U.S.C. § 924(c), if you are caught using or carrying a firearm during a crime of violence or drug trafficking, you will face a minimum prison sentence of five years.

If the gun is discharged while you commit the crime, the minimum sentence increases to 10 years. In cases where there are prior convictions or other aggravating circumstances, the sentence can be extended even further.

Additionally, charges like possessing a firearm as a convicted felon under 18 U.S.C. § 922(g) can also carry mandatory minimum penalties. Federal sentencing guidelines, which take into account the specific details of the crime and the defendant's past criminal history, often result in longer sentences compared to state offenses. Federal gun crimes are also not subject to parole, meaning you would have to serve the full length of your sentence unless it is reduced for good behavior.

What Is a Federal Weapons Charge?

A federal weapons charge occurs when someone breaks federal laws about owning, using, selling, or trafficking firearms or ammunition. Federal gun crimes can range from illegal possession to using a weapon in the commission of a crime. The most common types of federal gun crimes include:

• Possession of a firearm by a convicted felon: Under statute 18 U.S.C. § 922(g), it is illegal for anyone convicted of a felony to possess firearms. Even if the firearm was legally purchased, possessing it as a convicted felon is a federal offense.

• Possessing an unregistered firearm: Statute 26 U.S.C. § 5861 states that some firearms, like sawed-off shotguns or machine guns, require registration with the ATF. If these firearms are found unregistered, there can be serious charges and consequences.

• Using a firearm during a crime of violence or drug trafficking: Under 18 U.S.C. § 924(c), using a gun while committing a violent crime or drug trafficking offense will result in mandatory minimum sentences.

• Trafficking firearms: Under 18 U.S.C. § 922(a)(1), engaging in the business of selling firearms without a federal firearms license is prohibited.

• Selling firearms to prohibited persons: According to statute 18 U.S.C. § 922(d), selling firearms to individuals who are legally prohibited from owning them, such as minors, convicted felons, or individuals with restraining orders, can result in severe penalties.

How Does a Federal Gun Crime Differ From a State Gun Charge?

Federal gun crimes are different from state-level charges in a few key ways, especially when it comes to enforcement and penalties. Federal charges are handled by national agencies like the ATF, while state charges are prosecuted by local and state law enforcement. Federal laws often come with mandatory minimum sentences that are tougher than state penalties.

In addition, federal gun crimes can involve firearms crossing state lines, which is something state laws cannot address. Because of these factors, federal charges tend to come with harsher sentences, less room for negotiation, and more serious consequences than state offenses. Unlike state cases, federal firearm offenses usually do not offer as many plea bargaining options. This is why hiring an experienced criminal defense attorney is even more important when you are facing federal charges.

Common Defenses for Federal Weapons Charges

Some of the most common defenses used in federal firearms cases include:

• Lack of knowledge: If you were unaware that the firearm was present, such as if it was hidden in your vehicle or on your property, you may argue that you did not knowingly possess the weapon.

• Illegal search and seizure: If law enforcement did not follow proper procedures during a search, such as conducting it without a warrant or probable cause, they violated your Fourth Amendment rights. If proven, any evidence obtained during the search may be deemed inadmissible in court.

• Self-defense: If the firearm was used in self-defense or to protect others from imminent harm, you may be able to argue that your actions were justified and legally protected.

• Entrapment: If law enforcement personnel induced you to commit a crime you would not have otherwise committed, you may be able to argue that this was a case of entrapment. If proven, your charges might be dismissed.

• Constitutional challenge: In some cases, you may challenge the constitutionality of the federal firearms laws, particularly if you believe they violate your Second Amendment rights.

Each case is unique, and the right defense strategy will depend on the facts. Consulting with an experienced federal criminal defense lawyer can help you determine the most effective approach for your situation.

Schedule a Free Consultation with a Chicago, IL Federal Weapons Crimes Defense Attorney

A knowledgeable Chicago, IL federal gun crimes defense lawyer can provide you with the expertise needed to navigate the complexities of federal law. Working with us at the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney means we help you explore viable defenses and ensure that your rights are protected throughout the legal process.

For nearly two decades, Attorney Hal M. Garfinkel has built a reputation in courtrooms throughout Illinois, leveraging his experience as both a former prosecutor and a criminal defense attorney in numerous high-profile cases. Do not attempt to face these serious charges alone. Instead, call 312-629-0669 today to schedule your free consultation and discuss your case. We will begin working on a strategy to defend you immediately.