Federal Gun Crimes Lawyer Baltimore

A firearms charge is typically prosecuted federally when it involves a person prohibited from possessing a gun under federal law, a firearm connected to alleged drug trafficking, a straw-purchase or interstate-trafficking allegation, or when a federal agency such as the ATF or FBI leads the investigation. The same conduct can sometimes be charged in either state or federal court, and the decision has major consequences for the potential sentence.

Section 922(g) makes it a federal crime for certain categories of people, including those with a prior felony conviction, to possess a firearm or ammunition. A conviction can carry up to 15 years. Key defense questions include whether the search that found the firearm was lawful and whether the government can prove that you knowingly possessed it.

Section 924(c) adds a mandatory sentence that must be served consecutively, stacked on top of the sentence for the underlying drug or violent crime. It is five years for possession in furtherance of the offense, seven if the firearm was brandished, and ten if discharged, with a 25-year mandatory minimum for a second count. Because the terms stack, these charges can turn a case into a decades-long exposure.

The Armed Career Criminal Act, 18 U.S.C. Section 924(e), imposes a 15-year mandatory minimum on a defendant convicted of felon in possession who has three qualifying prior convictions for a violent felony or serious drug offense. Whether a specific prior conviction qualifies is a heavily litigated question, and the law in this area has changed considerably, which can create meaningful defense opportunities.

In some situations, the same firearm can give rise to both state and federal exposure. How those cases interact, and which system poses the greater risk, depends on the specific facts. An attorney with both state and federal experience can help you understand the full picture rather than addressing only one side of it.