Understanding the laws, possible defenses, and how the right legal strategy can make the difference in your federal gun case
When you are facing federal firearms charges in Florida, you are not just dealing with a local prosecutor. You are going up against the United States government. Federal prosecutors have significant resources, and they often work closely with agencies like the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives), FBI, and Homeland Security. They investigate thoroughly, and many of my clients have learned they were under investigation only after agents showed up at their home or workplace. By that time, the case is often well-developed, which is why having a private attorney immediately is essential.
Federal firearms cases are different from state cases. The penalties are often harsher, there is no parole in the federal system, and sentencing guidelines can lead to years in prison even for a first offense. The only way to have a fighting chance is to understand the law, the defenses that may apply, and to have an attorney who will aggressively challenge every part of the government’s case.
The Federal Law on Firearms Possession
The most common federal firearms charge is possession of a firearm by a prohibited person under 18 U.S.C. § 922(g). The applicable portion of the statute reads:
“It shall be unlawful for any person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year… or who is an unlawful user of or addicted to any controlled substance… or who has been adjudicated as a mental defective or committed to a mental institution… or who, being an alien, is illegally or unlawfully in the United States… to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition.”
Under 18 U.S.C. § 924(a)(2), the penalty for violating § 922(g) is:
“Whoever knowingly violates subsection… (g)… shall be fined as provided in this title, imprisoned not more than 10 years, or both.”
If you have three prior convictions for violent felonies or serious drug offenses, the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), imposes a mandatory minimum of 15 years without parole.
Where Florida Law Overlaps with Federal Charges
Florida has its own law, Florida Statute § 790.23, which makes it a crime for a convicted felon to possess a firearm:
“It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm… if that person has been convicted of a felony in the courts of this state, of a crime against the United States which is designated as a felony, or of an offense in another state, territory, or country punishable by imprisonment for a term exceeding one year.”
While this is a state crime, many cases that could be prosecuted in Florida courts end up in federal court if the firearm moved in interstate commerce or if there is a broader federal investigation.
How Federal Firearms Cases Begin
Federal gun charges often start with long-term investigations. The ATF or other agencies might be tracking weapons sales, gang activity, or drug trafficking. A firearm possession charge may arise out of a traffic stop, a search warrant, or surveillance in connection with another investigation. Federal prosecutors do not typically file charges until they believe their case is strong.
That means by the time you hear from them, the government might have gathered witness statements, surveillance footage, ballistic evidence, and forensic reports. Acting quickly to hire private counsel gives you the best chance to respond before the case moves too far forward.
Defenses to Federal Firearms Charges
Defending a federal firearms case is about finding weaknesses in the government’s case and building a narrative that supports your innocence or reduces your culpability.
Illegal Search and Seizure
If law enforcement violated your Fourth Amendment rights by conducting an unlawful search, I can file a motion to suppress the evidence. Without the firearm, the government may not be able to proceed.
Lack of Possession
Possession can be actual (physically holding the firearm) or constructive (having the ability and intent to control it). I have won cases by showing that my client had no knowledge of the firearm and no control over it.
Failure to Prove Interstate Commerce
The government must prove the firearm moved in or affected interstate commerce. While this is often a low bar, in rare cases they fail to meet it.
Innocent or Temporary Possession
If you took the firearm from someone to prevent harm and planned to turn it in, that can sometimes be a defense.
Mistaken Identity
If the firearm was found in a shared space, the government must prove it was yours. This is often more difficult than they claim.
A Real Case I Handled
I once represented a man in Tampa who was facing a 10-year federal sentence under § 922(g). He had a prior felony from over a decade earlier. Police stopped him for a traffic violation, searched the car, and found a gun under the passenger seat. Prosecutors argued he had constructive possession.
My investigation uncovered surveillance footage from a nearby convenience store showing another man placing the gun under the seat minutes before the stop. We challenged the government’s evidence, filed a motion to suppress statements made during the stop, and argued the lack of possession. The jury acquitted him after less than an hour of deliberations.
That case proved how critical it is to have an attorney who will dig deep, challenge assumptions, and not simply accept the prosecution’s version of events.
Sentencing Considerations
Federal sentencing is guided by the U.S. Sentencing Guidelines, which consider the base offense level, criminal history, and any enhancements, such as using a firearm during a crime of violence. Enhancements can dramatically increase the potential sentence, sometimes turning a few years into decades.
A private attorney can challenge enhancements, argue for departures or variances, and present mitigating evidence to the judge. Without aggressive advocacy, the guidelines often favor the prosecution.
Why You Need a Private Attorney
Federal firearms cases move quickly once charges are filed. Deadlines for filing motions are short, and the rules of federal court are complex. A federal crime defense attorney Florida can dedicate the necessary time and resources to investigate thoroughly, challenge the evidence, and prepare for trial.
I have the ability to hire independent investigators, consult with forensic experts, and spend hours preparing for cross-examination of government witnesses. Public defenders often do excellent work, but they are stretched thin. In federal cases, preparation can make the difference between prison and freedom.
Frequently Asked Questions About Federal Firearms Charges in Florida
What makes a firearms case federal instead of state?
A firearms case becomes federal when it involves a violation of U.S. law, such as possession by a prohibited person under 18 U.S.C. § 922(g), or when the firearm has moved in interstate commerce. Cases may also be federal if they are part of a larger federal investigation.
Can I be charged federally if my prior conviction was in another state?
Yes. Federal law applies to anyone with a qualifying prior conviction, regardless of where it occurred, as long as the government can prove possession of a firearm in or affecting interstate commerce.
What is constructive possession?
Constructive possession means you did not have the firearm physically on you, but you had both the ability and the intent to control it. Prosecutors often use this theory when a gun is found in a home or vehicle. It is one of the most contested issues in these cases.
If the gun was not mine, can I still be convicted?
It depends on whether the prosecution can prove you knew about the gun and had control over it. If the gun belonged to someone else and you had no knowledge of it, that can be a strong defense.
What are the penalties for federal firearms possession?
Most violations of § 922(g) carry up to 10 years in prison. Under the Armed Career Criminal Act, certain defendants face a 15-year mandatory minimum. Sentences can be higher if the firearm was used in a violent crime or drug offense.
Do federal gun cases have parole?
No. In the federal system, there is no parole. If sentenced to prison, you will serve most of your sentence, typically around 85% with good behavior.
Can I get bail in a federal firearms case?
Bail is possible, but the federal system uses a different process. The court considers whether you are a flight risk or a danger to the community. Having strong legal representation can help present the best possible case for release.
What if the search that found the firearm was illegal?
If the search violated your constitutional rights, your attorney can file a motion to suppress the evidence. If granted, the prosecution may have to dismiss the case.
Should I talk to federal agents if they approach me?
No. You should never speak to federal agents without an attorney present. Even statements you believe are harmless can be used against you.
Why do I need a private attorney for a federal gun case?
Federal gun cases require significant time, resources, and experience to fight effectively. A private attorney can focus on your case, investigate thoroughly, and challenge the government’s evidence from every angle.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida