Consecutive
Criminal Defense
Federal Firearm Offenses
Federal firearm charges are among the most mechanically severe in the federal system. A § 924(c) conviction carries a mandatory minimum sentence that must run consecutive to any other sentence — meaning a guilty verdict on the firearm count adds years before the underlying offense is even sentenced. Prohibited-person cases create additional complexity, particularly when prior state convictions trigger federal liability.
Important
This is general information, not legal advice. If an arrest happened recently or you believe you are under investigation, do not explain anything to law enforcement before speaking with counsel.
Overview
Federal firearm charges often carry mandatory minimums that run on top of — not in place of — other sentences.
Federal firearm offenses arise under several statutes, each with its own elements and sentencing consequences. The most common involve possessing or using a firearm during a drug trafficking offense or crime of violence (18 U.S.C. § 924(c)), being a prohibited person in possession of a firearm (§ 922(g)), and various trafficking and straw-purchase offenses.
The defining feature of § 924(c) is its mandatory consecutive sentencing structure. A conviction on a § 924(c) count adds a minimum of 5 years — or more, depending on the alleged use — on top of whatever the defendant receives for the underlying offense. Second or subsequent § 924(c) counts add 25 years each.
Prohibited-person cases under § 922(g) arise when someone with a prior felony conviction, domestic violence conviction, or other disqualifying status possesses a firearm. Federal prosecution under § 922(g) is increasingly common even when the conduct would otherwise be handled in state court.
Federal firearm investigations frequently arise in the context of drug cases, where a weapon is present during an arrest or search. The government will typically charge both the drug offense and the firearm count, using the § 924(c) count as leverage in plea negotiations.
Key points
No stack relief
Second and subsequent § 924(c) counts carry 25-year mandatory minimums
Prohibited person
§ 922(g) applies to anyone with a prior disqualifying conviction
Search issues
How the firearm was found is often the central suppression question
Penalties & Exposure
Sentencing exposure under federal firearm statutes
For § 924(c) possession or brandishing: mandatory 5 years consecutive. For discharge: 10 years consecutive. For use during a crime of violence involving a short-barreled rifle, machine gun, or destructive device: 30 years consecutive.
For § 922(g) prohibited-person possession: up to 10 years in federal prison, or up to 15 years under the Armed Career Criminal Act (ACCA) for defendants with three prior qualifying convictions.
Under ACCA, defendants with three prior convictions for serious drug offenses or violent felonies face a mandatory 15-year minimum — substantially higher than the standard § 922(g) maximum.
Federal firearm convictions permanently prohibit future firearm possession and can affect supervised release conditions for years after incarceration ends.
How These Cases Are Defended
Defense strategies in federal firearm cases
Challenging whether the firearm was in the defendant's possession or control; suppression of evidence obtained from an unlawful stop, search, or seizure; disputing whether the prior conviction qualifies as a predicate offense; arguing that use during the alleged offense has not been proven.
In § 924(c) cases, the critical question is whether the government can prove the firearm was used "in furtherance of" the underlying offense — not merely present. This element is frequently litigated. In ACCA cases, challenging whether prior convictions qualify as predicate offenses can eliminate the mandatory minimum entirely.
Common Questions
Frequently asked
Quick answers to the questions we hear most often. Every case is different — call for a private consultation.
Can a § 924(c) charge be dismissed if the underlying charge is dismissed?
Not automatically. The § 924(c) count can survive even if the underlying predicate offense is acquitted or dismissed in some circumstances. The relationship between the two charges requires careful legal analysis.
What counts as "use in furtherance of" a drug trafficking offense?
Courts look at factors like proximity to drugs, whether the firearm was loaded, accessibility, and whether it was referenced during the alleged transaction. Mere presence of a firearm during a drug offense is not always sufficient — the government must show the weapon furthered the drug activity.
Does a state firearms conviction trigger federal prosecution under § 922(g)?
Not automatically. Federal prosecution under § 922(g) is a separate charging decision. However, a prior felony conviction — including a state drug or violent offense — can disqualify someone from possessing firearms and subject them to federal prosecution if a firearm is later found.
Talk to counsel before the state defines your case for you.
Early decisions often control everything that follows.
If you are under investigation or facing charges, a short, private consult can clarify exposure, options, and next steps. Free consultation. 24-hour answering service. Payment plans available in many cases.