There are many different types of charges that can be brought against a defendant. Often times defendants don’t even know the actions they’ve taken are in violation of federal law, especially given the fact that these laws are constantly being debated in Congress and are subject to frequent revision. Below are some of the most common gun charges brought under federal gun law and a brief description of what they entail.

            Unlawful Possession – Unlawful possession is typically charged when a “prohibited person” (as mentioned above) receives or is found in possession of a firearm, in which that firearm (or the ammunition) was transported across state lines at some point in time. This crime is punishable by up to 10 years in prison, unless the offender has three or more prior convictions for a violent crime, then the maximum is 15 years imprisonment.  These types of cases are often referred to as “ex-felon in possession” cases and are prosecuted under 18 U.S.C. § 922(g)(1) which makes it a felony offense for a person previously convicted of a felony to possess a firearm.   

            Sale of a Firearm to a Prohibited Person – Similarly to the charge of unlawful possession, any person who knowingly sells, gives, or otherwise disposes of a firearm (or ammunition) to a “prohibited person” as described above can be charged with this crime. This crime applies even if the seller doesn’t know for sure the buyer is a prohibited person but has “reasonable cause to believe” he or she is a prohibited person. If convicted, defendants can face up to 10 years in prison.

            False Statements Relating to Gun Purchases – Federal gun law criminalizes the making of false statements to a dealer about a material fact on ATF Form 4473, which is the form required to be completed when purchasing a firearm from a licensed dealer in the United States. The instance in which this regulation is most common is with “straw purchasing.”  Straw purchasing is when one person purchases a firearm on behalf of another person. Straw purchases are illegal because Form 4473 requires the purchaser to confirm that he or she is the “actual buyer.”  Often these false statement cases are prosecuted under 18 U.S.C. § 1001 which makes it a crime to lie to government agents or a government agency. 

            Possession of a Firearm in Connection with a Crime – Federal gun law prohibits the use, carrying or possession of a firearm in relation to, or in furtherance of a drug felony or a federal violent crime. Punishment for this offense ranges from a minimum of 5 years up to life imprisonment if the use of the firearm results in a death. Any sentence imposed for possession of a firearm during the commission of a crime must be served consecutively to any sentence imposed for the underlying crime itself.