Federal Gun Charges Defense Attorney NC

Not Guilty — Mandatory 5+ Years Avoided

Federal Firearms Charges (18 USC 924(c), EDNC 2020) — Client faced a mandatory five-year consecutive sentence under § 924(c). After thorough trial preparation and argument at trial, the jury returned a not guilty verdict on all firearm counts. The mandatory consecutive sentence was avoided entirely.

The Most Common Federal Gun Charges

18 USC § 922(g) — Most Frequently Charged

Felon in Possession of a Firearm

It is a federal crime for any person convicted of a felony (punishable by more than one year), a domestic violence misdemeanor, or subject to certain protective orders to possess a firearm or ammunition. Maximum: 15 years. Under the Armed Career Criminal Act (ACCA), defendants with three qualifying prior convictions face a mandatory 15-year minimum.

18 USC § 924(c) — Most Dangerous for Sentencing

Use of a Firearm in a Drug Crime or Crime of Violence

§ 924(c) adds a mandatory consecutive sentence — runs after, not concurrent with, the underlying sentence.

• Possessing firearm: 5-year mandatory minimum
• Brandishing firearm: 7-year mandatory minimum
• Discharging firearm: 10-year mandatory minimum
• Second or subsequent § 924(c): 25-year mandatory minimum

18 USC § 922(a)(6)

False Statement to a Federally Licensed Firearms Dealer

Lying on ATF Form 4473 — including about prior criminal history, domestic violence convictions, or prohibited person status. Maximum 10 years. Often charged alongside § 922(g) in straw purchase cases.

18 USC § 922(o)

Possession of a Machine Gun

Illegal possession of a machine gun manufactured after May 19, 1986 — including Glock switches and auto-sears. Maximum 10 years. Heavily prosecuted in the EDNC following a surge in Glock switch cases in North Carolina.

The Armed Career Criminal Act (ACCA)

The ACCA transforms a § 922(g) charge into a mandatory 15-year minimum for defendants with three prior "violent felony" or "serious drug offense" convictions. Whether a prior conviction qualifies under ACCA is one of the most litigated issues in federal criminal law — and a successful ACCA challenge can be the difference between a modest sentence and 15 mandatory years.

The Supreme Court's decisions in Johnson v. United States (2015) and Borden v. United States (2021) have significantly narrowed the definition of "violent felony." Many common state convictions — including certain assault, robbery, and burglary charges — no longer qualify as ACCA predicates. Retroactive challenges under 28 USC § 2255 are available for defendants currently serving ACCA-enhanced sentences.

Federal Gun Charge Defense Strategies

Fourth Amendment suppression — challenging the traffic stop, search, or seizure that led to the firearm's discovery. An illegal stop or search can result in suppression and dismissal of the charge.
Constructive possession — the government must prove the defendant knew about and had dominion and control over the firearm. In cases where a firearm is found in a shared space, constructive possession is a contested element.
§ 924(c) "in furtherance of" element — mere proximity of a firearm to drugs does not establish that it was possessed "in furtherance of" drug trafficking. The government must prove the weapon furthered or advanced the drug offense. This element is frequently challenged at trial.
ACCA predicate challenges — contesting whether prior state convictions qualify as "violent felonies" under ACCA's definitions as interpreted by the Supreme Court and Fourth Circuit.
Prohibited person status — challenging whether the defendant's prior conviction actually rendered them a "prohibited person" — particularly for convictions that may have been expunged, pardoned, or that did not qualify as felonies under the federal definition.
Second Amendment challenges — following New York State Rifle & Pistol Association v. Bruen (2022), as-applied Second Amendment challenges to § 922(g) have gained traction in the lower courts. Case-specific analysis required.

Frequently Asked Questions

What makes a gun charge federal instead of state?+

Federal gun charges arise when federal agencies (ATF, FBI, DEA) are involved in the investigation, when the firearm was transported across state lines, when the defendant is a "prohibited person" under federal law (felon, domestic violence misdemeanor, protective order), or when the firearm is connected to a federal drug trafficking crime. Federal prosecutors also adopt state gun cases when they want the leverage of federal mandatory minimums.

What is a 924(c) charge and why is it so serious?+

18 USC § 924(c) adds a mandatory consecutive sentence — which runs after, not concurrent with, your other sentences — for using, carrying, or possessing a firearm in furtherance of a drug trafficking crime or crime of violence. A 5-year mandatory consecutive sentence means 5 additional years on top of whatever else you receive. Because it cannot be avoided by concurrent sentencing and cannot be reduced by good behavior, it is one of the most important charges to fight at trial.

Can my prior felony conviction be challenged in a felon-in-possession case?+

Yes, in some circumstances. If your prior conviction was expunged, pardoned, or set aside under state law in a way that restores civil rights, you may not be a "prohibited person" under federal law. Additionally, as-applied Second Amendment challenges following Bruen (2022) have been raised in § 922(g) cases. These challenges require case-specific analysis with experienced federal counsel.

What is a Glock switch and why are federal charges filed for them?+

A "Glock switch" or "auto-sear" converts a semi-automatic pistol into a machine gun by allowing continuous fire with a single trigger pull. Because the resulting firearm is legally a "machine gun" under federal law, possession is illegal under 18 USC § 922(o) and can result in a 10-year federal sentence. The EDNC U.S. Attorney's Office has aggressively prosecuted Glock switch cases in recent years. Contact an attorney immediately if you face this charge.

Federal Gun Charges DefenseEastern District of North Carolina

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