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

Meet Your Attorney

Yan E. Shrayberman

Criminal Defense & Family Law Attorney — Fresno, CA

Every client deserves a fearless advocate who understands what's at stake. I've spent my career making sure the people of Fresno get exactly that — skilled, honest, aggressive representation.

Yan E. Shrayberman

Criminal Defense & Family Law Attorney

Licensed in CA · WA · FL

Super Lawyer 2020–2026
19+ Years Experience
Call Now: (559) 779-2315
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Yan E. Shrayberman: Hi, I'm Yan Shrayberman, founder of Crown Law Firm here in Fresno, California. I want to take a few minutes to introduce myself and tell you a little bit about how I approach representing clients — because choosing the right attorney may be the most important decision you make.

I've been a criminal defense and family law attorney for over ten years. I'm licensed in California, Washington, and Florida, and I focus my practice here in Fresno and throughout the Central Valley. I was named a Super Lawyer every year from 2020 through 2026, which I'm proud of — but what matters most to me is what happens in the courtroom and at the negotiating table for my clients.

On the criminal defense side, I handle everything from DUI charges and drug crimes to violent felonies, federal cases, and white-collar matters. Every case is different. A first-time DUI for a college student carries different stakes than a federal firearm charge for someone with a prior record. I take the time to understand exactly where you are, what the government's case looks like, and where the weaknesses are — then I build a strategy around that.

On the family law side, I represent clients in divorce, child custody, child support, spousal support, and property division cases. Family law cases are emotionally difficult. I've seen what happens when attorneys fan the flames just to generate more billing hours. That's not how I operate. I fight hard for your interests, but I also give you honest advice about when it makes sense to reach an agreement and when it makes sense to go to court.

One thing I want to be clear about: I'm the attorney who will actually be working on your case. You won't be handed off to a paralegal or a junior associate. When you call our office, you talk to me. When we go to court, I'm there with you.

If you or someone you love has been arrested, charged, or is facing a difficult family law situation, I encourage you to call us right away. The earlier we get involved, the more options we have. Our first consultation is free. You can reach me directly at (559) 779-2315.

I look forward to meeting you and finding out how Crown Law Firm can help protect what matters most to you.