Federal Firearms Offenses Under 18 U.S.C. § 924`

Respected Charlotte Federal Defense Lawyers Committed to Aggressively Advocating on Behalf of Clients Facing Federal Gun Charges

Federal firearm offenses carry some of the most severe penalties in the criminal justice system. Under 18 U.S.C. § 924, individuals convicted of certain firearm-related crimes face mandatory minimum sentences, enhanced penalties for prior offenses, and long-term consequences. Federal prosecutors aggressively pursue these cases, often seeking the harshest penalties possible. If you are facing federal firearm charges, it is critical to understand what is at stake and what legal options you may have. The Olsinski Law Firm, PLLC, has decades of experience handling serious federal cases and can provide a strong defense strategy to protect your rights.

What Is 18 U.S.C. § 924?

18 U.S.C. § 924 outlines the penalties for violations of federal firearm laws. This statute applies to individuals who unlawfully possess, use, or traffic firearms, as well as those who commit violent crimes or drug offenses while armed. Sentencing under this statute is often severe, with mandatory minimums for certain violations and the potential for lengthy prison sentences.

Some of the most common charges under 18 U.S.C. § 924 include:

• Possession of a firearm by a prohibited person – Individuals with felony convictions, certain domestic violence convictions, or drug addiction history may face federal penalties for firearm possession.
• Use of a firearm in a violent crime or drug trafficking offense (18 U.S.C. § 924(c)) – This section imposes mandatory minimum sentences for those convicted of using, brandishing, or discharging a firearm during the commission of a federal crime.
• Firearm trafficking and straw purchases – Buying a firearm on behalf of someone who cannot legally own one can result in significant federal charges.
• Possession of a firearm with an altered or removed serial number – This is a felony under federal law and can lead to enhanced penalties.
• The Armed Career Criminal Act (ACCA) (18 U.S.C. § 924(e)) – Those with three or more prior violent felony or drug convictions who are caught possessing a firearm face a mandatory minimum of 15 years in federal prison.

Mandatory Minimum Sentences for Federal Firearm Offenses

One of the most challenging aspects of federal firearm charges is the mandatory minimum sentences imposed under 18 U.S.C. § 924. Unlike state court cases, where judges have greater discretion, federal firearm offenses often carry fixed minimum sentences that judges must impose, regardless of mitigating circumstances.

Some of the key mandatory minimum sentences under 18 U.S.C. § 924(c) include:

• Possession of a firearm during a violent crime or drug trafficking offense – 5 years minimum
• Brandishing a firearm during a crime – 7 years minimum
• Discharging a firearm during a crime – 10 years minimum
• Possession of a short-barreled rifle or shotgun – 10 years minimum
• Possession of a machine gun or destructive device – 30 years minimum
• A second or subsequent offense under § 924(c) – 25 years minimum, consecutive to any other sentence

Because federal firearm sentences must often be served consecutively, even a first-time offender could face decades in prison if convicted under multiple provisions of this statute.

How Sentencing Enhancements Increase Prison Time

In addition to mandatory minimums, sentencing enhancements can further increase prison time for those convicted under 18 U.S.C. § 924. Some of the most significant factors that can lead to longer sentences include:

• Prior Felony Convictions – Individuals with prior violent felony or serious drug convictions face enhanced penalties under the Armed Career Criminal Act (ACCA).
• Type of Firearm Used – The use of machine guns, sawed-off shotguns, or explosives carries significantly longer sentences.
• Multiple Firearm Offenses – Convictions for multiple firearm-related offenses can lead to consecutive sentencing, drastically increasing prison time.
• Use of a Firearm in Furtherance of Drug Trafficking – If a firearm is connected to a large-scale drug operation, enhancements can double or triple a sentence.

Federal prosecutors aggressively push for enhancements whenever possible, making it essential to challenge the government’s case at every stage of the proceedings.

Federal vs. State Firearm Charges: What’s the Difference?

Many firearm offenses can be prosecuted at both the state and federal level, but federal charges typically result in harsher penalties due to mandatory sentencing laws and the lack of parole in the federal system. Some key differences include:

• State charges may allow for probation or diversion programs, while federal firearm convictions almost always lead to prison time.
• Federal charges carry mandatory minimums, meaning even first-time offenders can receive lengthy sentences.
• Federal cases are prosecuted by U.S. Attorneys, who often have more resources than local prosecutors.

Because of the high stakes involved in federal cases, having a Charlotte federal firearms lawyer on your side from the beginning is crucial.

Have You Been Charged with a Federal Firearm Offense? 

A conviction under 18 U.S.C. § 924 can lead to decades behind bars, with no possibility of parole. If you are under investigation or facing charges, it’s critical to act quickly. The Olsinski Law Firm, PLLC aggressively defends clients in federal firearm cases, challenging weak evidence, questioning law enforcement procedures, and fighting to minimize sentences. Our firm understands the complexities of federal firearm laws and will work to build a defense strategy tailored to your case. If you need a Charlotte federal firearms lawyer, contact Olsinski Law Firm, PLLC, today. Visit our website or call 704-405-2580 to learn more about how we can help.