When federal prosecutors add a gun charge in Aurora, CO, the stakes can climb fast. A case that was already serious may suddenly carry mandatory incarceration, consecutive sentencing, property forfeiture, and permanent limits on firearm ownership. These prosecutions are often built by the ATF and the U.S. Attorney’s Office alongside allegations of federal drug crimes, conspiracy, robbery, or violent conduct.
The gun does not have to be used in the way most people imagine. Federal charges may grow out of constructive possession, a straw purchase, false statements to a dealer, access to an unregistered weapon, or a firearm found near alleged criminal activity. In some cases, the firearm allegation is what turns a difficult prosecution into one carrying years of additional prison exposure.
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When federal agents and prosecutors set their sights on someone in Aurora, CO, Combs Waterkotte is prepared to push back. Our federal criminal defense team serving Aurora, CO looks beyond the fact that a gun was found and asks the questions that can change a case: Who knew it was there? Who could control it? Was the search lawful? Can the government actually connect it to the alleged crime?
If you have been arrested, received a target letter, learned that ATF agents are investigating you, or believe federal charges may be coming, contact us online or call (314) 900-HELP immediately. What happens before an indictment can shape the entire case.
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Below, we explain:
- How firearm allegations enter the federal system
- Steps to take when ATF or federal prosecutors are investigating you
- The gun crimes most often charged in federal court
- How mandatory prison terms and guideline enhancements work
- When the Armed Career Criminal Act may apply
- Why early legal representation matters
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When Does a Firearm Case Become Federal?
Not every federal gun case begins with federal agents at the door. Many start as ordinary state arrests before a task force or U.S. Attorney’s Office steps in. That can happen when the alleged conduct fits a federal offense under the Gun Control Act, the National Firearms Act, or another federal firearms law. Once that happens, the case moves onto a very different playing field.
Federal jurisdiction may arise when:
- A firearm traveled through interstate or foreign commerce
- The accused is legally prohibited from possessing firearms or ammunition
- A firearm was allegedly used during a drug trafficking crime or crime of violence
- The case involves firearm trafficking, smuggling, straw purchasing, or unlicensed dealing
- The weapon is a machine gun, silencer, short-barreled rifle, short-barreled shotgun, or destructive device
- The firearm had an altered or removed serial number
- The alleged conduct occurred on federal property or involved a federal investigation
- Federal agents believe the firearm is connected to organized criminal activity
Federal agents rarely start from zero when they make contact. Before you realize a case exists, they may already have video footage, digital communications, witness interviews, firearm tracing records, and laboratory evidence in hand.
What Should You Do If You’re Under Investigation for a Federal Gun Crime in Aurora, CO?
You may need a lawyer long before formal charges appear. Once ATF agents begin asking questions or executing warrants, the investigation may already be well underway. This is not the moment to improvise, explain, or hope the problem disappears on its own.
If federal agents may be building a gun case against you:
- Exercise your right to remain silent. You do not need to answer questions from ATF agents, task force officers, or federal prosecutors without a federal firearms attorney in Aurora, CO present. What feels like harmless background information can become evidence.
- Do not give blanket consent. If law enforcement has a valid warrant, let your lawyer challenge it later. Do not voluntarily open additional devices, accounts, rooms, safes, or vehicles unless counsel advises you to do so.
- Do not erase the paper trail. Keep purchase forms, receipts, emails, photographs, texts, and other records intact. Destroying or altering evidence can make the situation far worse.
- Say less to everyone else, too. Friends, relatives, coworkers, and alleged associates can be interviewed or subpoenaed. Social media posts and private messages are not safe places to explain the case.
- Contact a federal criminal defense lawyer in Aurora, CO immediately. The earlier your attorney enters the case, the sooner they can protect your rights, identify weak points in the investigation, and keep you from stepping into traps the government has already set.
Types of Federal Gun Charges in Aurora, CO
Felon in Possession of a Firearm
The phrase “felon in possession” covers only part of 18 U.S.C. § 922(g). The statute reaches multiple classes of people barred from possessing guns or ammunition, even when the firearm was never fired or displayed.
People who may fall under § 922(g) include:
- People convicted of crimes punishable by more than one year in prison
- Fugitives from justice
- Unlawful users of controlled substances
- Certain people subject to domestic violence restraining orders
- People convicted of qualifying domestic violence offenses
- Certain noncitizens and people dishonorably discharged from the military
A conviction ordinarily requires more than showing that a gun was nearby. The government generally must prove knowing possession and that the accused knew they belonged to the category that prohibited possession.
Possession may be:
- Physical possession: The firearm was allegedly recovered directly from the accused.
- Constructive possession: The government argues that the accused exercised dominion or control over the firearm even though someone else may have been closer to it.
Shared spaces create room for reasonable doubt. If the firearm was found in a jointly occupied apartment, another person’s car, a motel room, or an area open to multiple people, prosecutors still must tie the accused personally to the weapon.
Using, Carrying, or Possessing a Gun Under 18 U.S.C. § 924(c)
Under 18 U.S.C. § 924(c), the government may pursue an additional charge when a firearm was allegedly used or carried in relation to a drug trafficking crime or crime of violence, or possessed in furtherance of one.
The statute carries mandatory minimum prison terms that generally run back-to-back with the sentence imposed for the related offense:
- At least five years for possessing, using, or carrying a firearm
- At least seven years if the firearm was brandished
- At least 10 years if the firearm was discharged
- Higher minimums when machine guns, silencers, or destructive devices are involved
The prosecution may describe a firearm as a tool of the alleged offense even when it stayed hidden or untouched. That argument commonly relies on its location near:
- Narcotics
- Money
- Packaging equipment
- Sales or distribution records
- Anything else agents label as evidence of trafficking
A gun near drugs is not automatically a gun possessed “in furtherance” of trafficking. The defense may dispute knowledge, accessibility, ownership, proximity, and whether the firearm had any meaningful relationship to the alleged crime.
Federal Straw Purchase Charges
A lawful-looking retail purchase can become a federal case when agents believe the named buyer was only standing in for another person. These straw purchase investigations often center on what the buyer intended and what they reported on Form 4473. Prosecutors may also rely on 18 U.S.C. § 932.
These cases may depend on:
- Who paid for the firearm
- Who selected the firearm
- The buyer’s intent at the time of purchase
- Whether the firearm was intended as a lawful gift
- What the purchaser knew about the eventual recipient
Potential evidence may include text messages, payment records, store surveillance, purchase forms, and statements made to investigators.
Illegal Gun Trafficking
A gun sale does not need to happen in a back alley to draw a federal trafficking charge. Section 933 applies to certain firearm transfers, receipts, and transportation when the accused knew or had reason to believe the weapons would end up in illegal hands.
Conduct that may lead to a federal trafficking charge includes firearms being:
- Supplying guns to prohibited recipients
- Moving firearms across state lines as part of a broader operation
- Providing weapons for alleged drug trafficking or violent conduct
- Using several purchasers to avoid detection
- Operating what prosecutors view as an unlicensed resale business
- Sending firearms outside the United States unlawfully
Unlicensed Firearms Dealing
An individual may lawfully make some private firearm sales without becoming a licensed dealer. Problems arise when federal agents believe the person crossed from disposing of personal property into running a gun business without the required federal firearms license.
Prosecutors may examine:
- Repeated buying and reselling rather than isolated transfers
- Short turnaround times between acquisition and sale
- Advertising guns to members of the public
- Negotiations, payment histories, and delivery arrangements
- A business or profit-making purpose
- A stock of firearms maintained for resale
False Information Given to a Licensed Gun Dealer
A knowingly false answer given during a firearm transaction can lead to federal charges under 18 U.S.C. § 922(a)(6) if the information mattered to whether the dealer could lawfully complete the sale.
Examples of information prosecutors may claim was falsified include:
- Who was actually purchasing the gun
- Whether the buyer had a disqualifying criminal record
- Current or recent controlled-substance use
- Domestic violence convictions or restraining orders
- Immigration classification or citizenship
- Where the person lived or whether the identification was accurate
The defense may challenge whether the answer was actually false, whether the accused knowingly provided incorrect information, and whether the statement affected the legality of the transaction.
Possession of a Firearm With an Altered or Obliterated Serial Number
A damaged or missing serial number can create separate federal exposure. Under 27 CFR § 478.34, the government may prosecute certain knowing possession, transportation, or receipt of a firearm with altered identifying marks.
The case may depend on questions such as:
- Whether the alteration was visible or known to the accused
- Whether the serial number was legally “removed, obliterated, or altered”
- What laboratory testing reveals about the original markings
- Whether prosecutors can prove knowing possession of that specific gun
An altered serial number may also increase the recommended sentence under the federal sentencing guidelines.
Homemade and Privately Assembled Firearms
A privately made firearm is not automatically illegal simply because an individual assembled it. Criminal exposure may arise depending on:
The government may try to build its case around:
- Possession by a prohibited person
- The number and type of firearms produced
- Messages or payments showing planned sales
- Whether the accused acted as an unlicensed manufacturer or dealer
- The absence of markings required under federal law
- The use or presence of the firearm during another alleged offense
Unserialized firearms may bring an additional sentencing problem, particularly when the federal guidelines call for an enhancement.
Charges Involving Machine Guns, Silencers, and Short-Barreled Firearms
Certain firearms and devices are subject to stricter federal controls under the National Firearms Act. The law regulates their registration, manufacture, taxation, possession, and transfer.
NFA rules may apply to:
- Machine guns
- Shortened rifles
- Shortened shotguns
- Suppressors, including devices commonly called silencers
- Certain bombs, explosives, and destructive devices
- Unusual or concealed weapons classified as “any other weapon”
Federal agents may bring NFA charges when they believe a regulated item was never registered, was made or transferred without approval, or had required markings removed. The potential consequences include substantial fines, forfeiture, and up to a decade in federal custody.
Penalties for Federal Gun Charges in Aurora, CO
The statute provides only part of the sentencing picture. A person’s record, the characteristics of the weapon, the presence of drugs or violence, mandatory minimum laws, and the United States Sentencing Guidelines can all move the potential punishment higher or lower.
| Charge or Allegation | Potential Prison Exposure |
|---|---|
| Possession by a prohibited person under 18 U.S.C. § 922(g) | A possible 15-year maximum, unless qualifying prior convictions trigger the Armed Career Criminal Act’s mandatory minimum |
| A § 924(c) firearm charge tied to drug trafficking or a qualifying violent offense | Mandatory minimum of five years, seven years if brandished, or 10 years if discharged, generally served consecutively |
| Misrepresenting the true buyer of a firearm | A maximum of 15 years in ordinary cases, potentially rising to 25 years when the weapon is believed destined for certain serious offenses |
| Trafficking firearms to prohibited or unlawful recipients | Up to 15 years in federal prison |
| Selling guns as a business without an FFL | A possible federal sentence of as much as five years |
| Lying about material information during a federally regulated gun sale | Up to 10 years in federal prison |
| Federal charges involving an altered firearm serial number | A possible five-year sentence plus additional guideline consequences |
| Federal charges involving silencers, short-barreled firearms, machine guns, or other NFA items | Potentially a decade in federal custody, plus monetary penalties and seizure of the firearm |
| Unlawful possession, receipt, or transfer of a machine gun | A possible 10-year sentence on the machine gun charge alone, with more severe consequences if § 924(c) or another enhancement applies |
The final sentencing picture is assembled from several moving parts. The charge itself matters, but so do the quantity and characteristics of the firearms, the defendant’s record, any required minimum term, and the guideline calculations used in federal court.
Additional penalties and long-term consequences may include:
- Thousands of dollars or more in fines
- Years of supervised release after leaving prison
- Government forfeiture claims against firearms, ammunition, money, vehicles, and other assets
- A lasting ban on firearm possession
- Collateral damage to career prospects, housing access, and occupational licensing
- Potential immigration and residency consequences for anyone who is not a U.S. citizen
The number announced in court matters. Federal prisoners do not have access to conventional parole, and good-time reductions are limited, so the sentence served is usually close to the sentence ordered.
The Armed Career Criminal Act
The Armed Career Criminal Act can turn an already serious prohibited-person case into one with a 15-year mandatory minimum. The law is often referred to by its initials, ACCA.
The government generally must identify at least three qualifying prior convictions for violent felonies or serious drug offenses. It must also show that those offenses were committed on occasions separate from one another.
ACCA litigation can become highly technical. The court may compare the wording of the prior state statute to the federal definition, review charging papers or plea records, and determine which version of the law controls. A state-law label is not necessarily the final word.
A Aurora, CO federal firearms attorney may dispute:
- Whether the statute of conviction is broader than ACCA’s federal definition
- Whether the government can prove the specific subsection or elements involved
- The timing, location, and relationship between the alleged prior offenses
- Vacatur, expungement, pardon, or other relief affecting a conviction
- Any restoration of civil and firearm rights
The math is unforgiving: the government needs three qualifying predicates. A successful challenge to even one of them may be the difference between an ordinary § 922(g) sentence and at least 15 years in federal prison.
How Sentencing Enhancements Can Increase a Federal Gun Sentence
The sentence in a federal firearm case is influenced by more than the statute itself. Even when the law does not require a mandatory minimum prison term, guideline enhancements may substantially increase the advisory sentencing range.
Federal prosecutors may seek sentencing increases based on allegations such as:
- Multiple firearms
- Stolen firearms
- Firearms with altered, obliterated, or missing serial numbers
- Trafficking or transferring firearms to prohibited persons
- Possession of a machine gun, silencer, destructive device, or other NFA weapon
- Possession or use of a firearm in connection with another felony
- Reckless endangerment during flight
- A leadership or organizational role
- Obstruction of justice
The sentencing guidelines are advisory, but federal judges must calculate and consider them. Defense counsel can challenge enhancements, present mitigating evidence, seek departures or variances, and argue that the recommended range is greater than necessary.
When Should You Hire a Federal Gun Charges Lawyer in Aurora, CO?
If ATF agents or federal prosecutors are looking at your case, early legal representation can matter. You do not have to wait until you are arrested, indicted, or standing in court before contacting an attorney.
You should take the situation seriously if:
- ATF, FBI, DEA, or another federal agency contacts you
- Agents arrive with a federal search warrant
- A subpoena is issued to someone connected to you
- Firearms, computers, phones, or business records are confiscated
- A federal target letter arrives
- An alleged accomplice or codefendant is taken into custody
- A state prosecution unexpectedly pauses or is dismissed
- You discover federal prosecutors have become involved
Early representation may allow a federal crimes attorney in Aurora, CO to communicate with investigators, prevent an unprotected interview, preserve evidence, challenge a search, evaluate possible exposure, and present information before prosecutors make charging decisions.
Call Combs Waterkotte About Your Federal Gun Case
When federal agents and prosecutors are building a gun case, you need counsel familiar with the system from both sides. Combs Waterkotte represents Aurora, CO clients nationwide, and our attorneys include former prosecutors with firsthand knowledge of how federal cases are developed and litigated.
Our defense begins with a hard look at how the case was built. That may mean attacking an unlawful search, exposing weaknesses in witness testimony, disputing possession, and fighting guideline enhancements that could add years to the sentence.
Strong negotiation starts with being prepared to try the case. We explore resolutions when they protect the client, but we do not treat a plea as the automatic destination.
From investigating the government’s theory to preparing for appeal, our team is equipped for the full life of a federal firearm case. Clients benefit from decades of combined experience, dedicated investigative support, and a record of defending people facing life-changing criminal accusations.
Do not wait for the government to make the next move. If you are facing a federal firearm investigation or charge, contact us online or call (314) 900-HELP to discuss your case with an experienced Aurora, CO federal gun defense attorney.
