Federal firearm crimes often carry harsher penalties than state gun crimes, and federal prosecutors have high conviction rates. If you’re facing a federal firearm charge, you need a skilled federal criminal defense attorney to help protect your rights and build a strong defense.

What Makes a Gun Charge Federal?

Not every gun case ends up in federal court. Many are handled at the state level under Missouri law. A charge usually becomes federal when it involves conduct that crosses state lines, involves federal property, or violates a specific federal statute. For example, the Gun Control Act of 1968 and subsequent laws give federal prosecutors broad authority to charge people with firearm-related crimes. Common federal firearm statutes include:

• 18 U.S.C. § 922(g): Prohibits possession of a firearm by certain people, such as convicted felons, unlawful drug users, and people with domestic violence convictions.
• 18 U.S.C. § 924(c): Imposes mandatory prison terms for using or carrying a firearm during a crime of violence or drug trafficking offense.
• 18 U.S.C. § 922(k): Makes it a crime to possess a firearm with an obliterated serial number.
• 18 U.S.C. § 922(a)(6): Criminalizes making false statements during the purchase of a firearm, often referred to as “straw purchasing.”

Who’s Prohibited From Possessing a Firearm?

Federal law lists categories of people who cannot legally own or possess firearms. They include:

• People convicted of a felony punishable by more than one year in prison
• People convicted of misdemeanor domestic violence
• Unlawful users of controlled substances, which can include those with recent drug-related arrests or admissions
• People subject to certain restraining orders in domestic violence cases
• Non-citizens who are unlawfully present in the United States
• People dishonorably discharged from the military
• People who have renounced their U.S. citizenship
• People who meet certain mental health conditions or have been in a mental health institution

If you fall into one of these categories and you’re caught with a firearm, you can face federal prosecution—even if you didn’t know you were prohibited from carrying one. Penalties can include up to five or 15 years in prison and often have mandatory minimum sentences.

Defenses Against Federal Gun Charges

Every case is different, and your attorney will build a defense tailored to your specific circumstances. However, common federal gun case defenses include:

• Challenging possession: The government must prove you knowingly possessed a firearm. Simply being near a gun doesn’t always mean you legally possessed it.
• Unlawful search and seizure: If police violated your Constitutional rights when seizing the firearm, the evidence may be excluded in court.
• Mistaken identity or ownership: Your attorney may argue that the firearm didn’t belong to you or wasn’t under your control.
• Exceptions in the law: Certain antique firearms or situations may fall outside the scope of federal statutes.

An experienced defense strategy often combines constitutional challenges with factual disputes about the case.

Why Federal Charges Are Different From State Charges

Missouri has its own gun laws. Many firearm cases are handled at the state level, but when the federal government gets involved, the consequences are severe. Federal sentencing guidelines and the vast resources for federal agencies like the ATF can make these cases difficult to fight. The stakes will be higher, and you’ll need a criminal defense attorney who is licensed to practice in federal court.

Learn More from a Federal Criminal Defense Attorney Today

If you’re facing a federal gun charge, you need to protect your rights and prepare a strong, strategic defense. Frank & Juengel Law Group P.C. can review your case and fight for the best possible outcome in federal court.