Yes. Owning a legally purchased firearm does not protect you from federal gun charges. The circumstances surrounding how you acquired the weapon, who you transferred it to, how you stored it, and changes in your legal status after the purchase can all create federal criminal liability, even when the original purchase was lawful.

Federal firearms enforcement in South Florida is particularly aggressive. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the U.S. Attorney’s Office for the Southern District of Florida actively pursue gun cases that many defendants never saw coming.

How Does a Legal Purchase Become a Federal Crime?

Becoming a “Prohibited Person” After Purchase

Under 18 U.S.C. § 922(g), nine categories of individuals are barred from possessing any firearm or ammunition. If you fall into one of these categories after purchasing a firearm, continued possession becomes a federal felony carrying up to 10 years in prison, even though the original purchase was legal.

You become a prohibited person if you:

• Are convicted of a felony (any crime punishable by more than one year in prison)
• Are a fugitive from justice
• Are an unlawful user of or addicted to a controlled substance
• Have been adjudicated as mentally defective or involuntarily committed to a mental institution
• Are unlawfully present in the United States, or admitted on most nonimmigrant visas
• Were discharged from the Armed Forces under dishonorable conditions
• Have renounced your U.S. citizenship
• Are subject to a qualifying domestic violence restraining order
• Have been convicted of a misdemeanor crime of domestic violence

A separate statute, 18 U.S.C. § 922(n), also bars anyone under felony indictment from receiving (but not possessing) firearms or ammunition.

The statute does not require a new purchase. Possession alone, including constructive possession (meaning the firearm is accessible to you even if not on your person), is enough.

Straw Purchases

A straw purchase occurs when you buy a firearm on behalf of someone else. Under 18 U.S.C. § 922(a)(6), making a false statement on ATF Form 4473 about being the “actual transferee/buyer” is a federal felony carrying up to 10 years.

The Supreme Court settled this issue in Abramski v. United States, 573 U.S. 169 (2014), holding that lying about being the actual buyer is a crime even when the intended recipient is legally eligible to purchase firearms. The identity of the true buyer is always a material fact.

The Bipartisan Safer Communities Act of 2022 also created a dedicated straw purchasing offense under 18 U.S.C. § 932, which carries up to 15 years in prison. If the firearm is later used in a violent crime or drug trafficking offense, the penalty increases to 25 years.

Unlawful Transfer to a Prohibited Person

Under 18 U.S.C. § 922(d), selling or transferring a firearm to someone you know or have reason to believe is a prohibited person is a federal felony. This applies even to informal, private sales between friends or family members.

Possession in Connection with Drug Activity or Violent Crime

Under 18 U.S.C. § 924(c), using or carrying a firearm during and in relation to a drug trafficking crime or crime of violence triggers severe mandatory minimum sentences:

• Possession during a qualifying offense: 5-year mandatory minimum (consecutive to the underlying sentence)
• Brandishing: 7-year mandatory minimum
• Discharging: 10-year mandatory minimum
• Second or subsequent offense: 25 years to life

These sentences run consecutively, meaning they stack on top of any other sentence imposed. A defendant facing drug conspiracy charges who had a legally purchased firearm in the same location as the drugs can face 5 additional years of mandatory prison time.

What Federal Agencies Investigate These Cases?

Federal firearms investigations in South Florida are typically handled by the ATF, often in coordination with the FBI, DEA, and local law enforcement task forces.

Common investigation triggers include:

• Multiple firearms purchases flagged by federal dealers
• Background check denials followed by attempted purchases
• Firearms recovered at crime scenes traced back to your purchase
• Cooperating witness statements in drug or organized crime investigations
• Domestic violence incidents where firearms are present

What Are the Defenses to Federal Gun Charges?

Challenging “knowing” possession. Federal firearms statutes require that possession be knowing. If you did not know a firearm was present, or if the government cannot prove you had dominion and control over the weapon, the charge may fail.

Challenging prohibited person status. The government must prove you knew or had reason to know about the disqualifying condition. For example, if you were unaware that a prior conviction qualified as a felony under federal law, this can be a viable defense.

Challenging the connection to drug activity. For § 924(c) charges, the government must prove the firearm was used “during and in relation to” or “in furtherance of” the underlying crime. Simple proximity is not enough. The firearm must have some connection to the criminal activity.

Fourth Amendment violations. If the firearm was discovered during an unlawful search, suppression of the evidence may result in dismissal of the charge.

Second Amendment challenges. Following the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen (2022), defendants have raised challenges to various § 922(g) prohibitions. Some federal courts have found specific applications of the prohibited person statute unconstitutional. This is a rapidly evolving area of law.

How Serious Are Federal Gun Charges?

Federal firearms convictions carry harsh penalties with very limited opportunities for early release. The federal system does not have parole. Defendants serve at least 85% of their sentence.

Mandatory minimum sentences under § 924(c) cannot be reduced by a judge, no matter how compelling the circumstances.

A single federal gun charge can dramatically increase the overall sentence in a case. Prosecutors routinely use firearms charges as leverage in plea negotiations, offering to drop the gun charge in exchange for a guilty plea on other counts.

Facing Federal Gun Charges in South Florida

At Bozanic Law, we know how federal prosecutors build firearms cases and how to challenge them at every stage. We scrutinize the evidence of possession, contest the government’s theory of connection to criminal activity, and pursue every available constitutional challenge.

If you’re facing federal firearms charges, contact Bozanic Law for a confidential consultation.

No Panic, Call Bozanic!