Federal gun charges in New York 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.
The government does not necessarily need evidence that you used a gun. Possessing a firearm, having access to one, buying one for someone else, providing false information during a purchase, or possessing certain unregistered weapons may be enough to support federal charges. A firearm allegation in New York can also add years or decades to the sentence imposed for another offense.
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Combs Waterkotte represents clients in New York when a federal firearm investigation puts their freedom and future on the line. Our federal criminal defense attorneys serving New York dig into the government’s theory from every angle, including where the gun was found, who allegedly controlled it, how officers obtained the evidence, and whether the weapon had any real connection to another offense.
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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This guide addresses:
- 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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When Does a Firearm Case Become Federal?
Most firearm cases begin under state law. However, a case may enter the federal system when the alleged conduct violates the federal Gun Control Act, the National Firearms Act, or another federal statute. State and local authorities may also refer a case to federal prosecutors when they believe federal penalties will be more severe.
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
By the time a person learns about the investigation, agents may already have collected surveillance footage, phone records, social media posts, witness statements, firearm traces, and forensic evidence.
What to Do During a Federal Firearms Investigation in New York
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.
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 New York 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 York 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 York
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:
- 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
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:
- 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.
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 gun found in the orbit of another federal case can dramatically raise the stakes. Section 924(c) creates a separate offense for certain firearm conduct connected to qualifying drug trafficking or violent crimes.
The statute carries mandatory minimum prison terms that generally run back-to-back with the sentence imposed for the related offense:
- Five years or more when a firearm was possessed, used, or carried
- Seven years or more when the weapon was allegedly displayed or brandished
- Ten years or more when the gun was fired
- Substantially greater exposure for specially regulated firearms and devices
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:
- 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 defense may challenge whether the accused knew about the firearm, could access it, or possessed it for any reason connected to the alleged offense.
Buying a Firearm for Another Person
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:
- Whether another person supplied the purchase money
- Who directed the buyer toward a particular firearm
- Any agreement to transfer the gun after the sale
- The difference between a lawful gift and a purchase made as someone else’s agent
- What the buyer knew about the recipient’s background and intentions
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.
Federal Firearms Trafficking Charges
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.
Conduct that may lead to a federal trafficking charge includes firearms being:
- 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
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.
There is no single fact that settles the issue. Investigators may review:
- 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
Federal prosecutors may charge a person for allegedly lying to a licensed firearms dealer about a fact that could affect the transaction. Section 922(a)(6) generally requires proof that the statement was knowingly false and material to the legality of the purchase.
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 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
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.
Important questions may include:
- Whether the accused knew the serial number had been altered
- Whether the markings meet the statutory definition
- Whether forensic testing can recover the original number
- Whether the government can connect the accused to the firearm
The alleged alteration can affect more than guilt or innocence. It may also support an enhancement when the sentencing guidelines are calculated.
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.
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.
National Firearms Act Violations
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.
Federal Firearm Sentences in New York
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.
| Federal Gun Offense | Potential Penalty |
|---|---|
| Unlawful firearm possession by a prohibited person under § 922(g) | 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 |
| Straw purchasing under 18 U.S.C. § 932 | A maximum of 15 years in ordinary cases, potentially rising to 25 years when the weapon is believed destined for certain serious offenses |
| Firearms trafficking under 18 U.S.C. § 933 | As many as 15 years behind bars |
| Dealing firearms without a required federal license | A possible federal sentence of as much as five years |
| Making false statements during a firearm purchase under § 922(a)(6) | A maximum sentence of 10 years |
| Federal charges involving an altered firearm serial number | A possible five-year sentence plus additional guideline consequences |
| National Firearms Act violations | Up to 10 years in federal prison, fines, and firearm forfeiture |
| Possessing or transferring a prohibited automatic weapon | Often up to 10 years, with substantially greater exposure when connected to a drug trafficking crime or crime of violence |
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.
Federal sentences may also 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 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.
A § 922(g) defendant may face the enhancement when their record includes three prior offenses that satisfy ACCA’s federal definitions and were not all part of the same criminal occasion.
Prior convictions do not count merely because prosecutors call them violent or serious. Courts may need to dissect the elements of the earlier statute, examine a limited set of judicial records, and apply federal appellate and Supreme Court decisions that continue to shape ACCA law.
Defense counsel may attack the enhancement by examining:
- 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
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.
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.
Possible enhancements include allegations involving:
- 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.
Do You Need a Federal Gun Charges Lawyer?
Federal investigations often begin long before anyone is arrested. Speaking with a federal defense lawyer as soon as you suspect you are involved may help protect your rights from the very beginning.
You should take the situation seriously if:
- Federal agents ask to interview you
- Your home, vehicle, or business is searched pursuant to a warrant
- A friend, family member, or coworker is served with a subpoena
- Investigators seize guns, electronic devices, documents, or financial records
- You receive a target letter from federal prosecutors
- Someone allegedly connected to the investigation is arrested
- Your state criminal case suddenly stalls or disappears without explanation
- You hear that the U.S. Attorney’s Office is reviewing the matter
Early representation may allow a federal crimes attorney in New York to communicate with investigators, prevent an unprotected interview, preserve evidence, challenge a search, evaluate possible exposure, and present information before prosecutors make charging decisions.
Speak With a Federal Gun Charges Lawyer in New York
When federal agents and prosecutors are building a gun case, you need counsel familiar with the system from both sides. Combs Waterkotte represents New York 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.
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 York federal firearm defense lawyer.
