Federal gun charges in Indiana can turn an already serious criminal case into one carrying mandatory prison time, consecutive sentences, firearm forfeiture, and lasting restrictions on your rights. These cases are commonly investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and prosecuted by the U.S. Attorney’s Office, often alongside federal drug trafficking, conspiracy, robbery, or violent crime allegations.
You can face a federal gun charge without ever pulling a trigger. The government may focus instead on where the firearm was found, who could control it, how it was purchased, whether registration rules were followed, or what was written on a purchase form. Once attached to another case in Indiana, a firearm count can become the part that drives the sentence.
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Combs Waterkotte defends people in Indiana facing high-stakes federal investigations and prosecutions throughout the United States. Our Indiana federal criminal defense lawyers examine how the firearm was discovered, whether prosecutors can prove knowing possession, whether the weapon was connected to another alleged crime, and whether law enforcement violated your constitutional rights.
You should not wait for an indictment to start protecting yourself. If ATF agents have contacted you, you have received a federal target letter, or you believe an arrest or charge is on the horizon, call (314) 900-HELP or contact Combs Waterkotte online. Early decisions often set the board for everything that follows.
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Facing Federal Criminal Charges? Why They’re Different and How to Win
Combs Waterkotte, a leading federal criminal defense law firm, has handled over 10,000 cases successfully. This ebook guides you through the federal criminal defense process, how federal charges are different, and how to win.
On this page, you will learn about:
- What makes a gun charge a federal offense
- What to do if you’re under federal investigation
- Common federal firearm charges
- Mandatory minimums and sentencing enhancements
- The Armed Career Criminal Act
- When to hire a federal gun charges lawyer
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How Federal Jurisdiction Applies to Gun Cases
The line between a state gun case and a federal prosecution is not always obvious. A case may cross that line because of the weapon involved, the accused person’s legal status, the location of the alleged conduct, or a claimed connection to interstate commerce. Violations of the Gun Control Act, the National Firearms Act, or another federal statute may give the U.S. government authority to prosecute. Local agencies can also refer cases upward when they want federal prosecutors to pursue harsher consequences.
A gun case may draw federal attention when:
- The firearm crossed state lines or otherwise moved through interstate commerce
- The person accused falls within a federally prohibited category
- The gun was allegedly connected to drug trafficking or a violent offense
- Investigators suspect straw purchases, illegal dealing, smuggling, or trafficking
- The weapon is regulated under federal law, such as a machine gun, suppressor, short-barreled firearm, or destructive device
- The serial number was allegedly altered, removed, or obliterated
- The conduct occurred on federal land or drew the attention of a federal task force
- Agents claim the firearm was tied to a gang, criminal organization, or broader conspiracy
The first sign of trouble may come late in the investigation. Agents may already have traced the gun, interviewed witnesses, reviewed online activity, pulled phone data, and gathered physical evidence before the accused knows federal prosecutors are involved.
What Should You Do If You’re Under Investigation for a Federal Gun Crime in Indiana?
Federal investigations usually develop quietly. If agents have reached out, searched your property, questioned someone close to you, or asked you to “clear a few things up,” assume the case is already moving. You should treat every conversation and decision as part of the defense.
Take the following steps as soon as you suspect a federal firearms investigation:
- Stop talking and call a federal firearms lawyer in Indiana. You are not required to answer questions simply because an agent sounds friendly or says the conversation is informal. Your right to remain silent exists before an arrest, not just after one.
- Do not expand the search for them. If agents present a warrant, remain calm and do not obstruct them. However, you do not have to volunteer access to additional rooms, devices, vehicles, accounts, or property that the warrant does not cover.
- Save everything. Preserve purchase paperwork, receipts, messages, photographs, transfer records, emails, and anything else that may provide context. Deleting material can create a separate problem and may be portrayed as obstruction.
- Keep the case off the group chat. Do not post online, compare stories with witnesses, or discuss details over calls and text messages. The government may later obtain those communications.
- Bring in counsel early. A federal criminal defense attorney in Indiana can deal directly with investigators, assess your exposure, and help prevent avoidable damage before charges are filed.
Types of Federal Gun Charges in Indiana
Federal Prohibited-Person Firearm Charges
A person may face a federal gun charge based on their legal status rather than how the firearm was allegedly used. Under 18 U.S.C. § 922(g), firearm and ammunition possession is prohibited for several categories of restricted persons.
A person may be legally barred from possessing a gun or ammunition because of:
- 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
Prosecutors generally must establish that the accused knowingly possessed the firearm or ammunition and knew of the status that made possession unlawful.
A gun does not necessarily have to be found in someone’s hand or clothing. Prosecutors may allege:
- Direct or actual possession: Agents or officers claim the weapon was in the person’s hand, pocket, waistband, bag, or immediate physical custody.
- Constructive possession: Prosecutors claim the person was not holding the gun but knew it was present and could control what happened to it.
A gun found under the same roof is not automatically possessed by everyone inside. When several people use the home, vehicle, room, or container where the weapon was recovered, the government’s control-and-knowledge theory may be open to challenge.
Firearm Charges Connected to Drug Trafficking or Violent Crime
A firearm allegation can become its own criminal count when it is tied to certain drug or violent offenses. Under 18 U.S.C. § 924(c), prosecutors may charge a person with using or carrying a gun during a qualifying offense or possessing one to advance that offense.
The statute carries mandatory minimum prison terms that generally run back-to-back with the sentence imposed for the related offense:
- A five-year minimum for qualifying possession, use, or carrying
- A seven-year minimum when prosecutors prove brandishing
- A 10-year minimum when the firearm was discharged
- Longer mandatory terms for certain machine guns, suppressors, and destructive devices
The firearm does not have to be fired. Prosecutors may argue that a gun advanced or protected the alleged crime because it was found near:
- Controlled substances
- Large amounts of currency
- Baggies, scales, or packaging supplies
- Ledgers, customer lists, or distribution records
- Other items prosecutors associate with drug sales
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
Federal prosecutors may allege a straw purchase when the person completing the transaction is accused of buying the gun on behalf of someone else. The case may involve the “actual transferee/buyer” question on ATF Form 4473, along with charges under 18 U.S.C. § 932.
Questions that may determine whether the transaction was lawful include:
- 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
The government will often try to reconstruct the transaction from beginning to end. That may involve reviewing texts, reimbursements, store footage, purchase documents, online messages, and statements made after the sale.
Firearms Trafficking
18 U.S.C. § 933 prohibits certain transfers, transportation, or receipt of firearms when the accused knows or has reasonable cause to believe the firearm will be used, possessed, or transferred unlawfully.
A trafficking investigation may involve guns that were:
- Bought for someone legally barred from possessing them
- Transported through multiple states or across an international border
- Transferred to people suspected of drug or violent offenses
- Obtained through a chain of straw buyers
- Repeatedly resold outside the federal licensing system
- Exported or smuggled to another country
When Private Gun Sales Become Federal Charges
The legal line between a private seller and an unlicensed firearms dealer depends on the surrounding facts. Federal law generally requires an FFL when someone is engaged in firearm sales as a business, but it does not convert every personal transfer into a federal crime.
To argue that someone was acting as a dealer, the government may look at:
- The volume and regularity of transactions
- How long the accused kept each firearm before selling it
- Whether buyers were solicited through websites, forums, or personal networks
- Cash, electronic payments, and customer conversations
- Whether the sales produced or were intended to produce profit
- Evidence of inventory, repeat customers, or ongoing operations
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.
Federal investigators may focus on statements about:
- 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 government must do more than point to an inaccurate box on a form. The defense may dispute whether the response was truly false, whether the accused understood it was wrong, or whether it made any legal difference to the sale.
Possession of a Firearm With an Altered or Obliterated Serial Number
Under 27 CFR § 478.34, federal law prohibits knowingly transporting, receiving, or possessing certain firearms with serial numbers that have been removed, altered, or obliterated.
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.
Federal Charges Involving Privately Made Firearms
A privately made firearm is not automatically illegal simply because an individual assembled it. Criminal exposure may arise depending on:
Federal agents may look at the entire life of the firearm, including:
- Who assembled and ultimately possessed it
- The parts, process, and configuration used to make it
- Whether it remained for personal use or was transferred to someone else
- Whether multiple weapons were built for sale
- Whether federal marking requirements applied
- Whether the firearm appeared in another criminal investigation
A privately made firearm can also affect sentencing if prosecutors claim it lacked markings required by federal law.
NFA Weapons and Registration Offenses
A firearm that is lawful in one configuration can fall under much stricter rules after certain modifications. The National Firearms Act governs several categories of weapons and devices through registration, taxation, transfer, and manufacturing requirements.
NFA rules may apply to:
- Fully automatic firearms and machine guns
- Rifles with barrels or overall lengths below federal limits
- Short-barreled shotguns
- Firearm silencers and suppressors
- Explosive or other qualifying destructive devices
- Weapons falling within the federal “any other weapon” category
Charges may involve possessing an unregistered weapon, illegally manufacturing or transferring one, or possessing a firearm with required identifying information removed. A conviction can carry up to 10 years in federal prison, fines, and forfeiture.
Federal Firearm Sentences in Indiana
There is no universal sentence for a federal gun conviction. Prison exposure can change based on the charge, the firearm involved, prior convictions, any connection to another alleged crime, and the calculation required by the federal sentencing guidelines.
| Federal Firearm Charge | Maximum or Mandatory Penalty |
|---|---|
| Felon in possession or another prohibited-person offense | A possible 15-year maximum, unless qualifying prior convictions trigger the Armed Career Criminal Act’s mandatory minimum |
| Firearm possession or use connected to a drug trafficking crime or crime of violence | Mandatory minimum of five years, seven years if brandished, or 10 years if discharged, generally served consecutively |
| Federal straw purchase allegations | Up to 15 years, or up to 25 years when the buyer knows or has reason to believe the firearm will be used to commit certain serious crimes |
| Trafficking firearms to prohibited or unlawful recipients | Up to 15 years in federal prison |
| Engaging in the business of firearm sales without federal licensing | Typically punishable by up to five years |
| Lying about material information during a federally regulated gun sale | Potential imprisonment for up to 10 years |
| Receiving, transporting, or possessing a firearm with defaced identifying marks | Up to five years in many cases, with further sentencing exposure through an enhancement |
| National Firearms Act violations | A possible 10-year prison term, financial penalties, and loss of the weapon |
| 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 |
A statutory maximum does not tell you exactly what sentence the court will impose. Federal judges also consider the offense conduct, firearm characteristics, criminal history, mandatory sentencing laws, and the advisory range produced by the United States Sentencing Guidelines.
Prison is only one possible consequence of a federal firearm conviction. A sentence may also involve:
- Large financial penalties
- A term of federal supervised release following incarceration
- Seizure and forfeiture of guns, ammunition, cash, vehicles, and other alleged proceeds or instrumentalities
- Permanent or long-term restrictions on possessing firearms
- Barriers involving jobs, housing opportunities, and professional credentials
- Removal, inadmissibility, or other immigration problems for noncitizens
A federal sentence is not typically cut short through parole. Although some prisoners can earn good-conduct credit, federal incarceration generally means serving the great majority of the term imposed.
Federal Gun Charges and the ACCA
A standard felon-in-possession prosecution can take a drastic turn when prosecutors invoke the Armed Career Criminal Act. If the enhancement applies, the sentencing floor becomes 15 years in federal prison.
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.
A conviction that sounds violent in ordinary conversation may still fail to qualify under federal law. These disputes often require a close reading of statutes, old court documents, and changing ACCA precedent.
An experienced Indiana federal gun charges lawyer may challenge:
- Whether the prior offense meets the federal definition
- Whether the conviction records establish the required elements
- Whether multiple offenses occurred on different occasions
- Whether a conviction was vacated, expunged, or otherwise invalid
- Whether the accused’s civil rights had been restored
When three qualifying convictions are required, knocking out one may knock out the entire 15-year mandatory minimum. That can completely reshape the sentencing landscape.
Federal Firearm Sentencing Guideline Enhancements
Avoiding a mandatory minimum does not necessarily mean avoiding a lengthy sentence. Federal judges begin by calculating the advisory guideline range, and enhancements can dramatically increase that recommendation.
The advisory guideline range may increase if the government proves factors 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
Federal judges are not required to impose the guideline sentence, but they must begin by calculating it. A defense lawyer can object to enhancements, develop mitigation, seek a downward variance or departure, and explain why a shorter sentence is sufficient under the law.
When Should You Contact a Federal Firearms Defense Lawyer?
The best time to hire a federal gun charges attorney is usually before formal charges are filed. If you believe federal agents are investigating you, waiting for an indictment may cost valuable opportunities.
Common signs that federal authorities may be building a case include:
- Federal investigators want to speak with you
- Your property is searched or evidence is seized
- Someone close to the investigation receives grand jury process
- Law enforcement takes firearms, records, or digital devices
- You are identified as the recipient of a target letter
- Another person in the alleged investigation is charged or arrested
- Your state case appears to have been put on hold without a clear reason
- You learn federal prosecutors are evaluating potential charges
The earlier a defense attorney becomes involved, the more options may exist. Depending on the circumstances, counsel can handle communications with investigators, help avoid unnecessary interviews, identify constitutional issues, preserve evidence, assess the strength of the government’s case, and present mitigating information before prosecutors decide whether to seek an indictment.
Call Combs Waterkotte About Your Federal Gun Case
Combs Waterkotte defends clients from Indiana and across the country against serious federal criminal allegations. Our team includes former prosecutors who know how the government builds firearm cases from the investigation through trial.
We approach every case with a trial-ready mindset, thoroughly examining the government’s evidence, challenging unlawful searches and seizures, scrutinizing witness credibility, and fighting unsupported sentencing enhancements.
When negotiations make sense, we negotiate from a position of strength. When they don’t, we are prepared to take your case to court.
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.
If federal agents are investigating you or charges have already been filed, now is the time to protect yourself. Contact Combs Waterkotte online or call (314) 900-HELP to speak with an experienced federal gun charges attorney serving Indiana.
