Federal gun prosecutions in Nebraska can bring a second wave of exposure to an existing criminal case. Beyond the underlying accusation, you may face additional prison time, sentences that must run back-to-back, seizure of firearms, and restrictions that follow you for years. The ATF and federal prosecutors often use firearm charges to strengthen cases involving drug trafficking, conspiracy, robbery, and violent offenses.
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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A federal gun case can be built on assumptions that deserve to be challenged. Combs Waterkotte defends clients in Nebraska and across the country, and our Nebraska federal defense lawyers investigate the search, the alleged possession, the firearm’s ownership, the surrounding circumstances, and every possible constitutional violation.
Maybe agents have already searched your property. Maybe someone close to you has been questioned. Maybe a target letter just landed in your hands. Whatever tipped you off, do not ignore it. Reach out to Combs Waterkotte or call (314) 900-HELP before speaking with investigators or making a move that cannot be undone.
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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
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.
Common reasons a firearm case enters federal court include:
- A prohibited person allegedly possessed a gun or ammunition
- The weapon allegedly traveled in or affected interstate or foreign commerce
- The firearm was supposedly used, carried, or kept in connection with another federal crime
- The investigation concerns illegal sales, straw buyers, trafficking networks, or cross-border smuggling
- The gun falls into a specially regulated category under federal law
- Authorities discover a defaced or missing serial number
- The incident happened on federal property or during another federal investigation
- The government believes the weapon played a role in organized criminal activity
These investigations often run quietly in the background. By the time agents knock, call, or execute a warrant, they may have spent months reviewing phones, social media accounts, purchase records, surveillance, witness statements, and forensic testing.
What to Do During a Federal Firearms Investigation in Nebraska
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.
Protect yourself by doing the following:
- 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 Nebraska 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 Nebraska 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 Nebraska
Federal Prohibited-Person Firearm Charges
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.
A person may be legally barred from possessing a gun or ammunition because of:
- A criminal record involving an offense punishable by more than one year
- An active fugitive status
- Alleged unlawful controlled-substance use
- Certain restraining orders involving an intimate partner or child
- A qualifying domestic violence conviction
- Particular immigration classifications or a dishonorable military discharge
The prosecution must generally connect two pieces of the puzzle: the accused knowingly possessed the gun or ammunition, and they knew about the legal status that made that possession prohibited.
The government may try to prove possession in either of two ways:
- 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:
- Possession, use, or carrying: A minimum of five years
- Brandishing: A minimum of seven years
- Discharging the firearm: A minimum of 10 years
- Machine guns, silencers, or destructive devices: Potentially much higher mandatory minimums
No shot needs to be fired for prosecutors to bring this charge. They may claim the firearm helped secure, protect, or advance the alleged operation because it was located close to:
- Controlled substances
- Large amounts of currency
- Baggies, scales, or packaging supplies
- Ledgers, customer lists, or distribution records
- Other items prosecutors associate with drug sales
The key fight may be over the connection between the person, the firearm, and the underlying offense. Defense counsel can challenge whether the accused knew the gun was there, had the ability to reach or control it, or possessed it to advance any criminal activity.
Straw Purchasing a Firearm
The government may call a transaction a straw purchase when it believes the person at the counter was not the firearm’s true purchaser. What looked like a simple favor, gift, or shared shopping trip may be scrutinized through purchase records, ATF Form 4473, and the federal straw purchasing statute.
Questions that may determine whether the transaction was lawful include:
- Whose money funded the transaction
- Who chose the specific gun
- What the purchaser intended when completing the sale
- Whether the weapon was bought as a legitimate gift
- Whether the buyer knew the recipient could not lawfully possess it
Agents may build the case from messages, bank or payment-app records, dealer paperwork, surveillance video, and whatever the purchaser or recipient said during interviews.
Firearms Trafficking
Federal firearms trafficking cases often focus on what the accused knew about the destination or intended use of the weapons. 18 U.S.C. § 933 can apply when firearms are allegedly transferred, transported, or received with knowledge or reasonable cause to believe that unlawful conduct will follow.
Federal agents may characterize firearms as trafficked when they were allegedly:
- 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
Selling Guns Without a Federal Firearms License
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.
There is no single fact that settles the issue. Investigators may review:
- 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
Lying on a Federal Firearm Purchase Form
Under 18 U.S.C. § 922(a)(6), it is illegal to knowingly make a false statement to a federally licensed firearms dealer when that statement is material to the legality of the sale.
Examples of information prosecutors may claim was falsified include:
- The actual transferee or intended recipient
- Felony or other prohibiting convictions
- Unlawful drug use
- Domestic violence history or court orders
- Nationality and immigration status
- Personal identification and residence information
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.
Federal Charges Involving an Altered Firearm 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:
- How obvious the serial number damage was
- Whether the markings remained readable
- Whether forensic specialists can restore or identify the number
- Whose fingerprints, DNA, or other evidence connect the weapon to
Even when it is not charged as a separate count, a defaced serial number may be used to push the recommended federal sentence higher.
Privately Made Firearms and “Ghost Guns”
Building or assembling a gun for personal use does not, by itself, automatically make the firearm illegal. Federal problems involving a privately made firearm usually depend on the person involved, the weapon’s configuration, and what happened after it was made.
A privately made firearm case may turn on:
- The accused person’s legal ability to possess guns
- Whether the firearm was assembled lawfully
- Any later sale, transfer, or distribution
- Evidence of commercial manufacturing or dealing
- Missing, incomplete, or altered identifying marks
- An alleged connection to trafficking, drugs, or violent crime
Even where the firearm itself is not prohibited, the absence of a required serial number may increase the recommended guideline sentence.
NFA Weapons and Registration Offenses
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.
Weapons and devices commonly regulated by the NFA include:
- Machine guns
- Short-barreled rifles
- Short-barreled shotguns
- Silencers and suppressors
- Destructive devices
- Certain weapons classified as “any other weapon”
An NFA prosecution may be based on alleged possession of an unregistered weapon, unlawful manufacture or transfer, or missing required identifying information. Depending on the charge, a conviction may expose the accused to as much as 10 years in federal prison, financial penalties, and firearm forfeiture.
Federal Firearm Sentences in Nebraska
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.
| Federal Firearm Charge | Potential Penalty |
|---|---|
| Possessing a gun or ammunition while federally prohibited | Up to 15 years in many cases, with a 15-year mandatory floor when ACCA applies |
| Firearm possession or use connected to a drug trafficking crime or crime of violence | A consecutive mandatory term beginning at five years and increasing based on how the firearm was allegedly used |
| Misrepresenting the true buyer of a firearm | 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 |
| Unlawful transportation or transfer of firearms | A possible sentence of as much as 15 years |
| Dealing firearms without a required federal license | Generally a five-year maximum term of imprisonment |
| Lying about material information during a federally regulated gun sale | A maximum sentence of 10 years |
| Knowing possession of a gun with a removed or changed serial number | Up to five years in many cases, with further sentencing exposure through an enhancement |
| National Firearms Act violations | Potentially a decade in federal custody, plus monetary penalties and seizure of the firearm |
| Possessing or transferring a prohibited automatic weapon | Frequently punishable by as much as 10 years, although a connection to drug trafficking or violence can drive the sentence much higher |
These are general statutory penalties. The actual sentencing range may depend on the specific charge, the type and number of firearms involved, the defendant’s criminal history, applicable mandatory minimums, and the United States Sentencing Guidelines.
Prison is only one possible consequence of a federal firearm conviction. A sentence may also involve:
- Substantial fines
- Supervised release after imprisonment
- Forfeiture of firearms, ammunition, money, vehicles, or other property
- Loss of firearm rights
- Restrictions on employment, housing, and professional licensing
- Immigration consequences for noncitizens
There is no traditional parole in the federal system. Limited good-time credit may reduce an eligible person’s release date, but most of the sentence pronounced by the judge will still have to be served.
How the Armed Career Criminal Act Can Increase a Gun Sentence
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.
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.
Potential ACCA challenges include:
- The government’s classification of the prior offense
- Ambiguities in charging documents, plea agreements, or judgments
- Whether multiple convictions arose from a single criminal episode
- The present legal status of an old conviction
- Restoration of rights under state or federal law
Because the ACCA creates a mandatory minimum sentence, resolving even one disputed prior conviction can make an enormous difference.
Federal Firearm Sentencing Guideline Enhancements
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.
The advisory guideline range may increase if the government proves factors such as:
- Large numbers of firearms
- Stolen weapons
- Altered or obliterated serial numbers
- Trafficking-related conduct
- Machine guns, silencers, destructive devices, or similar regulated weapons
- Firearm possession connected to another felony
- Reckless endangerment while fleeing
- Acting as an organizer or leader
- Obstruction of justice allegations
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 Nebraska?
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.
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.
Get Help With Federal Firearm Charges in Nebraska
Combs Waterkotte defends clients from Nebraska 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 do not wait until the courthouse doors open to prepare for trial. Our attorneys investigate the facts, review search warrants and seizure procedures, examine witness credibility, and challenge unsupported allegations that could increase federal sentencing exposure.
If a negotiated resolution serves your interests, we pursue it with leverage built through preparation. If the government will not offer a fair outcome, we are ready to litigate the case in court.
With decades of combined criminal defense experience, a dedicated investigator on staff, and a record of defending clients against some of the most serious state and federal charges, our team has the resources and experience to handle high-stakes firearm cases from investigation through trial and appeal.
A federal gun investigation can gain momentum long before an indictment is returned. Reach out to our firm online or call (314) 900-HELP today to discuss your options with a Nebraska federal firearm defense lawyer.
