Federal gun prosecutions in New Hampshire 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 New Hampshire and across the country, and our New Hampshire federal defense lawyers investigate the search, the alleged possession, the firearm’s ownership, the surrounding circumstances, and every possible constitutional violation.
Federal cases often take shape quietly, long before charges appear on a docket. If you have been arrested, contacted by ATF, warned that you are under investigation, or received a target letter, call (314) 900-HELP or contact our firm online. The earlier the defense gets involved, the more room there may be to influence what comes next.
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Facing Federal Criminal Charges? Why They’re Different and How to Win
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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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Why Are Some Gun Charges Prosecuted Federally?
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.
Federal prosecutors may become involved if:
- The government claims the firearm crossed state or national boundaries
- The accused allegedly could not lawfully possess a firearm
- The gun was found during a drug, robbery, conspiracy, or violent crime investigation
- The case involves suspected trafficking, unlicensed sales, straw purchasing, or smuggling
- The weapon is a machine gun, silencer, short-barreled rifle, short-barreled shotgun, or destructive device
- Identifying marks or serial numbers were allegedly removed or changed
- The alleged offense took place within federal jurisdiction
- Federal agents connect the firearm to a larger criminal operation
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 New Hampshire
You do not have to be arrested to need a federal defense attorney. By the time ATF agents contact you, execute a search warrant, or ask to speak with you, they may have already spent weeks or months building their case. What you do next can significantly affect the outcome.
Take the following steps as soon as you suspect a federal firearms investigation:
- 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 New Hampshire 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 New Hampshire 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.
Federal Firearm Offenses Charged in New Hampshire
Unlawful Firearm Possession Under 18 U.S.C. § 922(g)
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.
The federal prohibition may apply to:
- Individuals with certain felony or felony-level convictions
- People accused of fleeing to avoid prosecution
- People considered unlawful users of illegal drugs or other controlled substances
- Individuals covered by certain domestic protection orders
- People convicted of qualifying misdemeanor domestic violence crimes
- Some noncitizens and former service members who received dishonorable discharges
Prosecutors generally must establish that the accused knowingly possessed the firearm or ammunition and knew of the status that made possession unlawful.
Federal firearm possession is commonly divided into two categories:
- Actual possession: The accused allegedly carried the firearm or had it physically on their body.
- Constructive possession: The accused allegedly knew where the gun was and had both the power and intent to exercise control over it.
Constructive possession is often disputed when a gun is found in a shared home, borrowed vehicle, hotel room, or another location used by several people.
Firearm Charges Connected to Drug Trafficking or Violent Crime
18 U.S.C. § 924(c) makes it a separate federal offense to use or carry a firearm during and in relation to a qualifying crime of violence or drug trafficking crime, or to possess one in furtherance of such a crime.
Because these penalties are typically consecutive, the firearm count can add the following time after the sentence for the underlying crime:
- 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 firearm does not have to be fired. Prosecutors may argue that a gun advanced or protected the alleged crime because it was found near:
- Drugs or suspected drugs
- Cash allegedly connected to sales
- Scales, containers, or packaging materials
- Phones, notebooks, or transaction records
- Additional evidence of an alleged trafficking operation
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 straw purchase generally occurs when one person buys a firearm for someone else while falsely claiming to be the actual buyer. Charges may arise from statements made on ATF Form 4473 or under 18 U.S.C. § 932.
Questions that may determine whether the transaction was lawful include:
- Payment apps, cash withdrawals, or reimbursements
- Who researched, requested, or picked out the firearm
- The buyer’s plan before entering the store
- Whether the gun was genuinely purchased as a gift
- Whether the eventual recipient was prohibited or intended to use the firearm unlawfully
These cases leave a digital and documentary trail. Prosecutors may rely on Form 4473, receipts, cash transfers, text conversations, security footage, firearm tracing records, and interview statements to argue who the real buyer was.
Firearms Trafficking
Under 18 U.S.C. § 933, federal prosecutors may pursue trafficking charges when they believe someone knowingly moved, received, or transferred firearms headed for unlawful possession or use.
A trafficking investigation may involve guns that were:
- Purchased using another person’s name or eligibility
- Moved from a state with looser availability into another jurisdiction
- Sold to alleged gang members, traffickers, or violent offenders
- Acquired through coordinated straw purchase schemes
- Bought and flipped without a required dealer’s license
- Concealed or transported for unlawful export
Selling Guns Without a Federal Firearms License
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.
The case may turn on the overall pattern of activity, including:
- The number and frequency of sales
- How quickly firearms were resold after purchase
- Whether the accused advertised firearms for sale
- Customer communications and payment records
- Whether transactions were intended to produce a profit
- Whether the accused maintained firearm inventory
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:
- 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.
Defaced or Obliterated Firearm Serial Numbers
Federal law restricts the knowing possession, receipt, or transportation of certain firearms whose serial numbers have been changed, removed, or made unreadable. The relevant regulation appears at 27 CFR § 478.34.
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
An altered serial number may also increase the recommended sentence under the federal sentencing guidelines.
Federal Charges Involving Privately Made Firearms
The label “ghost gun” can make a case sound simpler than it is. A privately assembled firearm may be lawful in some circumstances, while its possession, manufacture, sale, or markings may create federal exposure in others.
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
Sentencing enhancements may also apply in some cases involving firearms without required serial numbers.
National Firearms Act Violations
The National Firearms Act imposes registration, taxation, manufacturing, and transfer requirements on certain weapons and devices.
The Act covers categories such as:
- 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”
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.
How Much Prison Time Can a Federal Gun Charge Carry?
Federal firearm penalties depend on the specific statute, the type of weapon, the accused’s criminal history, whether another offense was involved, and how the United States Sentencing Guidelines apply.
| Type of Federal Firearm Case | Maximum or Mandatory 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 |
| A § 924(c) firearm charge tied to drug trafficking or a qualifying violent offense | Five years or more added to the underlying sentence, with seven years for brandishing and 10 years for firing the weapon |
| 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 |
| Trafficking firearms to prohibited or unlawful recipients | Up to 15 years in federal prison |
| Dealing firearms without a required federal license | Generally up to five years in federal prison |
| False statements on firearm purchase paperwork | Potential imprisonment for up to 10 years |
| Possessing a firearm with an altered or obliterated serial number under § 922(k) | A possible five-year sentence plus additional guideline consequences |
| Federal charges involving silencers, short-barreled firearms, machine guns, or other NFA items | As much as 10 years of imprisonment along with fines and forfeiture |
| Possessing or transferring a prohibited automatic weapon | 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.
Federal sentences may also include:
- 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.
The 15-Year Armed Career Criminal Enhancement
For some defendants, the biggest battle is not whether § 922(g) applies, but whether the government can trigger the ACCA. That designation replaces the ordinary sentencing range with a mandatory minimum term of 15 years.
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 New Hampshire federal firearms attorney may dispute:
- Whether the earlier conviction legally qualifies as a violent felony or serious drug offense
- Whether the permitted court records prove the necessary version of the offense
- Whether the prior crimes were truly committed on separate occasions
- Whether any conviction was overturned, set aside, expunged, or invalidated
- Whether firearm rights or other civil rights were 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 Sentencing Enhancements in New Hampshire Firearm Cases
Even when no statutory mandatory minimum applies, the United States Sentencing Guidelines may significantly increase the recommended sentencing range.
Possible enhancements include allegations involving:
- 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 advisory guideline range is only one part of the sentencing decision, but it carries significant weight. Defense counsel may dispute factual allegations, challenge the legal basis for enhancements, present mitigating information, and advocate for a sentence below the recommended range.
When Should You Hire a Federal Gun Charges Lawyer in New Hampshire?
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.
Possible indicators of a federal investigation 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
An early defense strategy is often very different from a trial strategy. Before an indictment, counsel may be able to communicate with federal agents, protect you from making damaging statements, investigate the facts, analyze search and seizure issues, and provide prosecutors with information that could influence 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 New Hampshire clients nationwide, and our attorneys include former prosecutors with firsthand knowledge of how federal cases are developed and litigated.
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.
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 New Hampshire federal firearm defense lawyer.
