A St. Louis federal gun charges attorney can help if you’re facing a federal firearm prosecution; these cases are not the same as a typical state weapons case. When the federal government decides to prosecute a firearm offense, the rules shift, the stakes rise, and the consequences can follow you for decades. If you or someone you care about is facing this situation in the St. Louis area, understanding what you are up against is the first step.
At Frank & Juengel Law Group, PC, our attorneys have represented people facing serious criminal allegations in both state and federal court throughout Missouri. Our law firm understands how federal firearm prosecutions work, what prosecutors tend to prioritize, and where defense opportunities may exist. This page is intended to give you practical information about federal gun charges so you can make informed decisions about your next move.
If you are looking for broader context on Missouri weapons offenses, our St. Louis gun crimes attorney page covers state-level charges in more detail.
Federal law identifies specific categories of people who may not legally possess firearms, and it also prohibits a range of conduct related to the purchase, transfer, and trafficking of weapons. The primary statute governing most of these offenses is 18 U.S.C. § 922, which outlines unlawful acts involving firearms. Charges under this statute can carry mandatory minimum sentences, substantial fines, and long periods of supervised release.
The following are among the most common types of federal firearm charges we see in the St. Louis area.
This is the charge that comes up most often in federal court. Under federal law, anyone convicted of a crime punishable by more than one year in prison is generally prohibited from possessing a firearm or ammunition. That restriction applies even if the sentence was suspended or replaced with probation. It applies even if the underlying conviction was for a nonviolent offense. And it applies even if the person received what they believed was a restoration of rights under state law, because federal rights may not be restored through state expungement alone.
The federal version of this charge is commonly referred to as a “922(g)” case, named after the section of the federal code that creates the prohibition. As a 922(g) lawyer in St. Louis, we see these cases arise in a variety of circumstances:
That last scenario raises a concept called “constructive possession.” A person does not have to be holding a firearm to be charged with possessing it. If prosecutors can argue that someone had access to and control over a weapon, they may pursue charges even if the gun was found in a drawer, a closet, or a car shared with others. These are legally complex situations that require careful analysis of the specific facts.
The ATF prohibited persons guidance outlines the full list of categories of people who are barred from possessing firearms under federal law. Beyond convicted felons, the list includes individuals with domestic violence misdemeanor convictions, those subject to certain protective orders, people who are unlawful users of controlled substances, and others. Each category may involve different defense considerations.
Sentencing in felon-in-possession cases can vary significantly depending on a person’s prior record. If a person has three or more prior convictions for violent felonies or serious drug offenses, the Armed Career Criminal Act may apply, which carries a mandatory minimum sentence of 15 years. Whether specific prior convictions qualify as predicates under that law is often one of the most contested issues in federal firearm cases.
Firearms trafficking, in the federal sense, generally involves the unlawful purchase, sale, or transfer of multiple firearms, often across state lines. Cases in this category can arise from straw purchases, where one person buys a gun on behalf of someone who is prohibited from doing so, or from the sale of firearms without a federal license when the volume and pattern of sales suggest commercial dealing.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) actively investigates trafficking cases in the St. Louis region, often working alongside the St. Louis Metropolitan Police Department and the U.S. Attorney’s Office for the Eastern District of Missouri. These investigations can span months and may involve undercover purchases, surveillance, and wiretaps before any arrest is made.
Trafficking allegations are serious in part because they often involve multiple counts. Each transaction may be charged separately, which can dramatically increase the potential sentencing exposure. Federal prosecutors in this district have made firearms trafficking a priority, particularly in cases involving weapons that are later recovered at crime scenes.
If you are facing trafficking-related allegations, a federal firearm lawyer in St. Louis who understands how these investigations are built and where they may have weaknesses can make a meaningful difference in how the case is handled.
One of the more serious federal firearm charges involves possessing or using a firearm in connection with a drug trafficking crime or another violent federal offense. This is a distinct charge, separate from the underlying crime, and it carries its own mandatory minimum sentence that typically must be served consecutively. That means it is stacked on top of whatever sentence the underlying offense carries.
The practical result is that a person facing both a drug trafficking charge and a firearms possession charge may be looking at a combined sentence that is far longer than either charge alone would produce. These stacked charges are not uncommon in St. Louis federal court, particularly in cases where both drugs and weapons are found together.
State gun charges and federal gun charges may sound similar, but they operate in very different environments. Understanding those differences matters from the moment you learn you are under investigation.
Federal prosecutors have substantial resources. Cases brought by the U.S. Attorney’s Office for the Eastern District of Missouri, which handles federal cases in the St. Louis area, are typically built over time. Federal agents, including ATF investigators, may spend months gathering evidence before charges are filed. By the time an arrest occurs, the government often has a well-developed case.
Federal sentencing guidelines are structured and strict. Unlike Missouri state court, where judges may have broader discretion, federal judges are guided by a detailed sentencing framework that takes into account the offense level, a defendant’s criminal history, and various enhancements. There is no parole in the federal system. A person sentenced to federal prison generally serves the full term, minus a modest credit for good behavior.
Federal cases are heard in U.S. District Court. In the St. Louis area, that means the Thomas F. Eagleton U.S. Courthouse at 111 South 10th Street. This is a different environment from the St. Louis City Circuit Court or the St. Louis County courthouse in Clayton. The rules of procedure, the pace of litigation, and the expectations of the court are distinct from anything a state-court practitioner may be accustomed to.
The charging decision itself matters. In many cases, the same conduct could be charged at either the state or federal level. Factors that tend to push a case into federal court include the defendant’s prior criminal history, whether federal agents were involved in the investigation, the number of firearms involved, and whether the conduct crossed state lines. Early intervention by a federal gun crime attorney in Missouri may, in some circumstances, influence how and where a case is charged.
No two federal gun cases are identical. The facts, the evidence, the defendant’s background, and the specific charge all shape what defenses may be available. That said, certain legal issues come up regularly in these cases, and understanding them can help you have a more informed conversation with your attorney.
Fourth Amendment challenges. Many federal firearm cases begin with a traffic stop, a search of a home, or a pat-down on the street. If law enforcement conducted that search without proper legal authority, the evidence obtained may be subject to suppression. A motion to suppress, if successful, can remove the firearm from the case entirely, which in many situations means the charge cannot proceed.
Constructive possession disputes. When a gun is found in a shared space, prosecutors must prove that the specific defendant, not a roommate, passenger, or visitor, had knowledge of and control over the weapon. Where the firearm was found, who else had access to that location, and what other evidence ties the defendant to the gun are all points that may be challenged.
Challenging the prior conviction. In felon-in-possession cases, the government must establish that the defendant has a qualifying prior conviction. Whether a specific prior conviction meets the legal standard under federal law can be contested, particularly for older convictions, out-of-state convictions, or cases where there may have been a restoration of rights.
Knowledge-based defenses. Federal courts have recognized that the government must prove a defendant knew they belonged to a category of prohibited persons. In narrow circumstances, where a person genuinely did not know their prior conviction disqualified them, this can be a viable defense avenue.
Constitutional challenges. Second Amendment jurisprudence has shifted in recent years, and courts across the country, including those in the Eighth Circuit that covers Missouri, are actively working through questions about the scope of federal firearm prohibitions as applied to certain categories of defendants. Whether these arguments apply in a given case depends heavily on the specific facts and the current state of the law.
Plea negotiations. Not every federal firearm case goes to trial. In some situations, negotiating a plea agreement that limits sentencing exposure, avoids certain enhancements, or results in a lesser charge may serve a client’s interests better than litigation. Our attorneys evaluate every case on its own merits and discuss all realistic options with our clients.
Our law office also handles related charges that sometimes accompany federal gun cases, including drug offenses, drug trafficking allegations, and other violent crime charges. A comprehensive defense often requires looking at all of the charges together rather than in isolation.
Sometimes people know a federal investigation is underway before any arrest happens. A federal agent may show up at a home or workplace. A friend or family member may mention being questioned. A subpoena may arrive. These are not situations where waiting to see what happens is a sound approach.
A few practical points worth understanding:
The period between learning you are under investigation and the filing of formal charges is often the most important window in a federal case. Acting quickly and getting proper legal guidance during that time can matter more than almost anything that happens later.
At our law firm, Frank & Juengel Law Group, PC, we take federal firearm cases seriously. Our attorneys are familiar with how the U.S. Attorney’s Office for the Eastern District of Missouri approaches these cases, how federal court in St. Louis operates, and what defense strategies may realistically apply in a given situation. We represent people facing charges ranging from felon-in-possession to trafficking to firearms-related enhancements in drug cases. See how we’ve helped clients facing serious federal charges by reviewing our case results.
If you are facing federal gun charges, or if you have reason to believe you are under federal investigation, do not wait. The earlier you involve an attorney, the more options you are likely to have. Contact our attorneys to schedule a consultation and talk through your situation in a confidential setting.
