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 gives the federal government authority over a firearm case
- What not to do when you learn you are under investigation
- Which federal gun charges prosecutors commonly file
- How consecutive sentences and enhancements can increase prison exposure
- Why the Armed Career Criminal Act can change the entire case
- How a federal gun charges lawyer can intervene
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What Makes a Gun Charge Federal?
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.
Common reasons a firearm case enters federal court include:
- 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
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 to Do During a Federal Firearms Investigation in New Hampshire
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.
Protect yourself by doing the following:
- Do not try to talk your way out of it. Federal agents are trained interviewers, and even an accurate answer can be taken out of context or compared against other evidence. Tell them you want a federal gun charges attorney in New Hampshire, then stop answering questions.
- Respect the warrant without surrendering extra ground. Never interfere with a lawful search, but do not sign consent forms or casually authorize agents to search beyond what the warrant permits.
- Preserve records that may tell your side of the story. That may include firearm receipts, transfer documents, text messages, emails, photos, location records, and communications with sellers or buyers.
- Do not contact witnesses or codefendants about the investigation. A message meant to “get everyone on the same page” can be interpreted as witness tampering or obstruction.
- Get legal representation before the government makes the next move. Early intervention may give your attorney time to investigate, preserve favorable evidence, communicate with prosecutors, and prepare for a search, arrest, or indictment.
Federal Firearm Offenses Charged in New Hampshire
Unlawful Firearm Possession Under 18 U.S.C. § 922(g)
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.
People who may fall under § 922(g) include:
- 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
Prosecutors generally must establish that the accused knowingly possessed the firearm or ammunition and knew of the status that made possession unlawful.
The government may try to prove possession in either of two ways:
- Actual possession: The firearm was allegedly found directly on the person.
- Constructive possession: The person allegedly knew the firearm was present and had the ability and intention to control 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.
Possessing a Firearm During a Drug Trafficking Crime or Crime of Violence
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.
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:
- 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
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
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.
The government and defense may focus on:
- 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
Potential evidence may include text messages, payment records, store surveillance, purchase forms, and statements made to investigators.
Transporting or Transferring Firearms Unlawfully
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.
Federal agents may characterize firearms as trafficked when they were allegedly:
- Purchased for prohibited persons
- Moved across state or international borders
- Sold to people involved in drug trafficking or violent crime
- Acquired through multiple straw purchasers
- Resold without a required license
- Smuggled into another country
Selling Guns Without a Federal Firearms License
Federal law generally requires a person who is engaged in the business of dealing firearms to obtain a federal firearms license. An occasional private sale does not automatically make someone a firearms dealer.
The case may turn on the overall pattern of activity, including:
- How many firearms were sold and how often sales occurred
- Whether guns were purchased and quickly resold
- Online listings, advertisements, or social media offers
- Messages with prospective buyers and records of payment
- Whether the person expected to earn money from the transactions
- Whether firearms were kept on hand for future customers
Lying on a Federal Firearm Purchase Form
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
Possible defenses may focus on confusion, an ambiguous question, an honest mistake, or information that was not material to the transaction. The wording of the form and the accused person’s knowledge at the time can matter greatly.
Federal Charges Involving an Altered Firearm Serial Number
When agents recover a firearm with a filed-down, scratched-off, or otherwise changed serial number, they may add another federal charge. Federal regulations prohibit certain conduct involving those firearms when the accused knew of the alteration.
The case may depend on questions such as:
- Knowledge of the damaged serial number
- The degree and legal significance of the alteration
- Whether experts can recover the firearm’s identifying information
- Whether the gun was actually possessed or controlled by the accused
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”
Not every homemade firearm violates federal law. The legal trouble often comes from who possessed it, whether it was made or sold as part of a business, whether required markings were present, or whether the gun was tied to separate criminal conduct.
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
Unserialized firearms may bring an additional sentencing problem, particularly when the federal guidelines call for an enhancement.
Federal National Firearms Act Charges
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-regulated firearms include:
- 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
The issue may be registration, how the weapon was built, how it changed hands, or whether identifying marks were removed. These are felony-level allegations, and a conviction may carry up to 10 years of imprisonment along with fines and loss of the weapon.
How Much Prison Time Can a Federal Gun Charge Carry?
Two people charged with firearm offenses may face very different outcomes. Federal sentencing depends on what prosecutors can prove, which statute applies, whether the law requires consecutive time, the accused’s criminal history, and how the court calculates the advisory guideline range.
| Type of Federal Firearm Case | Possible Federal Sentence |
|---|---|
| Possessing a gun or ammunition while federally prohibited | Generally up to 15 years in federal prison; qualifying Armed Career Criminal Act cases carry a mandatory minimum of 15 years |
| Firearm possession or use connected to a drug trafficking crime or crime of violence | At least five years, increased to seven for brandishing or 10 for discharge; the sentence usually runs after the underlying sentence |
| Straw purchasing under 18 U.S.C. § 932 | 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 |
| Federal gun trafficking under § 933 | As many as 15 years behind bars |
| Selling guns as a business without an FFL | Typically punishable by up to five years |
| Knowingly providing material false information to a licensed firearm dealer | Up to 10 years in federal prison |
| Knowing possession of a gun with a removed or changed serial number | A possible five-year sentence plus additional guideline consequences |
| Illegal possession, manufacture, or transfer of an NFA-regulated firearm | A possible 10-year prison term, financial penalties, and loss of the weapon |
| Unlawful possession, receipt, or transfer of a machine gun | Often up to 10 years, with substantially greater exposure when connected to a drug trafficking crime or crime of violence |
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:
- 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
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 Armed Career Criminal Act
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.
ACCA may apply to a person convicted under 18 U.S.C. § 922(g) who has three qualifying prior convictions involving violent felonies, serious drug crimes, or some combination of the two, so long as the offenses occurred on different occasions.
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 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
An ACCA case can hinge on a single prior offense. If one conviction does not qualify, the mandatory minimum may no longer apply, potentially removing years from the defendant’s exposure.
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.
Guideline enhancements may be tied to claims involving:
- Possessing numerous firearms
- Guns reported stolen
- Removed, altered, or unreadable serial numbers
- Supplying firearms to prohibited individuals or trafficking activity
- Machine guns, suppressors, destructive devices, or other NFA-regulated weapons
- Using or possessing a firearm during another felony offense
- Dangerous conduct while attempting to flee law enforcement
- Directing or organizing other participants
- Acts prosecutors characterize as obstruction
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 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:
- 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 New Hampshire to communicate with investigators, prevent an unprotected interview, preserve evidence, challenge a search, evaluate possible exposure, and present information before prosecutors make charging decisions.
Contact Combs Waterkotte About Federal Gun Charges in New Hampshire
Combs Waterkotte represents New Hampshire clients in complex federal criminal cases across the United States. Our attorneys include former prosecutors who understand how federal cases are investigated, charged, and tried.
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.
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.
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.
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.
