Federal Firearm Maximum Penalties

Understanding maximum sentences and penalties for federal firearm offenses in the Eastern District of California

Common Federal Firearm Offenses

Maximum penalties for federal firearms violations under Title 18

Felon in Possession of Firearm
18 U.S.C. § 922(g)(1)
Max: 10 years imprisonment
Fine: $250,000

Required Elements:

  • Prior felony conviction
  • Knowing possession of firearm or ammunition
  • Interstate commerce nexus

Potential Enhancements:

  • Armed Career Criminal Act (15 years minimum)
  • Career Offender guidelines
Unlawful Sale/Transfer of Firearm
18 U.S.C. § 922(a)(1)
Max: 5 years imprisonment
Fine: $250,000

Required Elements:

  • Engaging in firearms business without license
  • Sale or disposal of firearms
  • Interstate commerce

Potential Enhancements:

  • Multiple transactions
  • Conspiracy charges
Use of Firearm in Drug/Violent Crime
18 U.S.C. § 924(c)(1)
Max: Life imprisonment
Fine: $250,000

Required Elements:

  • Use, carry, or possession during crime of violence
  • Drug trafficking crime
  • Firearm furthers underlying offense

Potential Enhancements:

  • Mandatory consecutive sentences
  • Brandishing (7 years)
  • Discharge (10 years)
Possession of Machine Gun
18 U.S.C. § 922(o)
Max: 10 years imprisonment
Fine: $250,000

Required Elements:

  • Possession of machine gun
  • Transfer after May 19, 1986
  • Not registered to government

Potential Enhancements:

  • Use in other crimes
  • Multiple weapons
Possession of Destructive Device
18 U.S.C. § 922(r)
Max: 10 years imprisonment
Fine: $250,000

Required Elements:

  • Possession of destructive device
  • Not registered under National Firearms Act
  • Interstate commerce

Potential Enhancements:

  • Terrorist purposes
  • Multiple devices
Straw Purchase
18 U.S.C. § 922(a)(6)
Max: 10 years imprisonment
Fine: $250,000

Required Elements:

  • False statement on ATF Form 4473
  • Material misrepresentation
  • Interstate commerce

Potential Enhancements:

  • Multiple purchases
  • Criminal enterprise

Federal Sentencing Guidelines

USSG § 2K2.1 - Unlawful Receipt, Possession, or Transportation of Firearms

Base Offense Level

Starting point for guideline calculations

  • 1
    § 2K2.1(a)(1): 26 (prohibited person)
  • 2
    § 2K2.1(a)(2): 24 (unlawful possession)
  • 3
    § 2K2.1(a)(4): 14 (regulatory violations)
  • 4
    § 2K2.1(a)(7): 6 (other violations)
Number of Firearms

Enhancement based on quantity

  • 1
    2-7 firearms: +2 levels
  • 2
    8-24 firearms: +4 levels
  • 3
    25-99 firearms: +6 levels
  • 4
    100+ firearms: +8 levels
Type of Firearm

Enhanced penalties for certain weapons

  • 1
    Semiautomatic firearm: +2 levels
  • 2
    Machine gun/destructive device: +4 levels
  • 3
    Armor piercing ammunition: +2 levels
  • 4
    Silencer: +2 levels
Criminal Purpose

Use in other criminal activity

  • 1
    Another felony offense: +4 levels
  • 2
    Drug trafficking: +4 levels
  • 3
    Crime of violence: +4 levels
  • 4
    Controlled substance offense: +2 levels

Frequently Asked Questions

Common questions about federal firearm penalties

What is the penalty for a felon in possession of a firearm?+
Under 18 U.S.C. § 922(g)(1), a convicted felon found in possession of a firearm faces up to 10 years in federal prison and a fine of up to $250,000. If the defendant qualifies under the Armed Career Criminal Act (ACCA) with three prior violent felony or serious drug convictions, the mandatory minimum increases to 15 years.
What is a Section 924(c) charge?+
Section 924(c) makes it a separate federal crime to use, carry, or possess a firearm during and in relation to a crime of violence or drug trafficking crime. It carries mandatory consecutive sentences: 5 years for possession, 7 years for brandishing, and 10 years for discharge. Second or subsequent convictions carry a 25-year minimum.
Can federal firearm charges be defended?+
Yes. Common defenses include challenging the knowledge element (defendant didn't know the firearm was present), disputing constructive possession, challenging the interstate commerce nexus, arguing the firearm was not used 'during and in relation to' the underlying crime, and questioning the legality of the search that discovered the weapon.
What is a straw purchase of a firearm?+
A straw purchase occurs when someone buys a firearm on behalf of another person who is the actual buyer, making false statements on the ATF Form 4473. This violates 18 U.S.C. § 922(a)(6) and carries up to 10 years imprisonment. Even if the actual buyer could legally purchase the firearm, the false statement itself is a federal crime.
How do federal firearm sentencing enhancements work?+
Federal sentencing guidelines (USSG § 2K2.1) increase sentences based on several factors: the number of firearms involved, type of weapon (machine guns and destructive devices carry higher enhancements), whether the firearm was used in connection with another felony, and the defendant's criminal history. These enhancements can significantly increase the base offense level.

Federal Firearm Defense Strategy

Federal firearm charges carry severe mandatory minimum sentences and complex enhancement provisions. Early intervention and experienced federal defense representation are critical.

Common defenses include challenging knowledge, possession, interstate commerce elements, and seeking departures or variances for individual circumstances.

Schedule Federal Firearm Defense Consultation