What Is a Weapons Charge?

Weapons laws are a patchwork of state and federal rules. The same act can be legal in one state and a felony in another.

Common weapons charges

• Unlawful carry: carrying a concealed or loaded firearm where a permit is required and you do not have one, or in a prohibited place such as a school or government building
• Prohibited person in possession: possession by someone barred by law
• Using or carrying a gun during a crime: especially violent crimes or drug trafficking
• Illegal weapons: unregistered machine guns, short-barreled rifles or shotguns, silencers, or weapons banned under state law
• Straw purchases and trafficking: buying a gun for someone who cannot legally buy one
• Brandishing or reckless discharge

Who is prohibited under federal law

Federal law bars firearm possession by several groups, including people convicted of crimes punishable by more than one year, fugitives, unlawful drug users, people committed to mental institutions or adjudicated mentally defective, most people unlawfully in the US, people dishonorably discharged, people subject to certain domestic violence protective orders, and people convicted of misdemeanor domestic violence (18 U.S.C. 922(g)).

Federal penalties

• Prohibited person in possession: up to 15 years in prison (18 U.S.C. 924(a)(8))
• Using or carrying a firearm during and in relation to a crime of violence or drug trafficking crime, or possessing one in furtherance of it: a mandatory minimum of 5 years, consecutive to the other sentence, and more if brandished or discharged (18 U.S.C. 924(c))
• Armed career criminals with three qualifying prior convictions: 15-year mandatory minimum (18 U.S.C. 924(e))

State law

States set their own rules on permits, where you can carry, and which weapons are banned. Since the Supreme Court's 2022 Bruen decision, states cannot require applicants to show special need to carry a handgun in public, and gun laws must be consistent with the nation's historical tradition of firearm regulation. Many state and federal laws are being challenged under that standard.

Defenses

• Unlawful stop or search
• No knowledge of the weapon, or lack of possession or control
• Lawful carry under a permit or an exception
• Constitutional challenges to the law under Bruen

What to do

If charged, do not discuss how you got or used the weapon. Talk to a criminal defense lawyer. If you have a past conviction, find out whether your rights were restored before you buy or possess any firearm.

Sources

1. Cornell Law School LII: 18 U.S.C. 922, Unlawful acts
2. Cornell Law School LII: 18 U.S.C. 924, Penalties
3. Cornell Law School LII: New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022)