Firearm Crimes

Most firearm offenses are found in chapter 44 (Firearms) of title 18 of the United States Code, which codifies the Gun Control Act of 1968, and chapter 53 (Machine Guns, Destructive Devices, and Certain Other Firearms) of title 26 of the United States Code, which codifies the National Firearms Act of 1934. The primary difference between these

two chapters is that the chapter 44 offenses may apply to all firearms, while the chapter 53 offenses only apply to a limited class of firearms described in 26 U.S.C. § 5845(a), such as machineguns and short-barreled shotguns.

Three handguns and bullets on a wooden surface.

Prohibited Persons Offenses

Section 922(g) of title 18 prohibits certain persons from possessing, shipping, or transporting any firearm or ammunition in or affecting interstate or foreign commerce, or receiving any firearm or ammunition that has been shipped or transported in such commerce. A prohibited person under section 922(g) is any person who:


  • (1) has been convicted of a crime punishable by imprisonment for a term exceeding one year;
  • (2) is a fugitive from justice;
  • (3) is an unlawful user of or addicted to any controlled substance;
  • (4) “has been adjudicated as a mental defective or has been committed to any mental institution”;
  • (5) is (A) an illegal alien or (B) an alien admitted under a non-immigrant visa;
  • (6) has been dishonorably discharged from the Armed Forces;
  • (7) has renounced United States citizenship;
  • (8) is subject to a restraining court order prohibiting harassing, stalking, or threatening an intimate partner or child that includes certain findings or terms;
  • (9) has been convicted of a misdemeanor crime of domestic violence.


The government must prove four elements:


  • (1) the defendant was a prohibited person;
  • (2) the defendant knew they were a prohibited person;
  • (3) the defendant knowingly possessed a firearm or ammunition; and
  • (4) the firearm or ammunition was in or affecting interstate commerce. The government must also prove that the person had knowledge of his or her prohibited status, e.g., the defendant knew he or she was in the United States illegally or was a felon, not knowledge that such status prohibits the possession of a firearm.


Section 922(n) of title 18 makes it unlawful for persons “under indictment for a crime punishable by imprisonment for a term exceeding one year” to transport a firearm or ammunition in interstate or foreign commerce or to receive a firearm or ammunition which has been transported in interstate or foreign commerce. The Supreme Court has held that while section 922(n) “does not contain a mens rea requirement,” “the relevant sentencing provision, § 924(a)(1)(D), requires that a violation be committed willfully.”25 At least one circuit has held that “a defendant’s ‘receipt’ of a firearm can be proven by his possession—actual or constructive—of it.” The statutory maximum penalty for violating section 922(n) is five years of imprisonment.

Firearms Transfer Offenses and False Statement Offenses

Several statutes cover firearms transfer or purchase offenses—namely, where the defendant purchased a firearm or ammunition for, or transferred a firearm or ammunition to, a prohibited person or a person who intends to use or dispose of the firearm or ammunition unlawfully.


Section 922(d) of title 18 makes it unlawful to sell or dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person, “including as a juvenile,” is a prohibited person;29 intends to sell or dispose of the firearm or ammunition in furtherance of a felony or certain other offenses; or intends to sell or dispose of the firearm to a person to whom disposition of the firearm is unlawful under section 922(d).


The statutory maximum penalty for a violation of section 922(d) is 15 years of imprisonment.

Straw Purchasing Firearms

Section 932 of title 18 prohibits purchasing or conspiring to purchase a firearm for a person (1) to whom transfer is prohibited under section 922(d), (2) who “intends to use, carry, possess, or sell or otherwise dispose of the firearm in furtherance of a felony” or certain other offense types, or (3) who “intends to sell or otherwise dispose of the firearm

to a person” who meets either criterion. Section 932 defines “felony” as “any offense under Federal or State law punishable by imprisonment for a term exceeding 1 year.”


A violation of section 932 is punishable by a statutory maximum term of

imprisonment of 15 years. The statutory maximum increases to 25 years if the offense was committed knowing or having reasonable cause to believe that a firearm involved in the offense will be used to commit a felony or certain other offense types.

Firearms Trafficking

Section 933 of title 18 prohibits: (1) transporting or otherwise disposing of a firearm to another person, knowing or having reasonable cause to believe that the recipient’s use, carrying, or possession of the firearm would constitute a felony; (2) receiving a firearm, knowing or having “reasonable cause to believe that such receipt would constitute a felony”; or (3) attempting or conspiring to violate either substantive prohibition. A violation of section 933 is punishable by a statutory maximum term of imprisonment of 15 years.

False Statement Offenses

Section 922(a)(6) of title 18 prohibits knowingly making any false statement or furnishing any false identification in connection with the acquisition of any firearm or ammunition from a federal firearms licensee (e.g., a licensed dealer), intended or likely to deceive the federal firearms licensee about a fact material to the lawfulness of such

acquisition under the provisions of chapter  (Firearms) of title 18. The government must prove that the defendant knew the statement was false but need not prove that the defendant knew it was unlawful to lie. Where the defendant misrepresented a fact (e.g., a prior felony conviction) that would prohibit them from possessing firearms, the

government need not prove that the defendant knew they would not be allowed to possess a firearm. 


A violation of section 922(a)(6) is punishable by a statutory maximum term of imprisonment of ten years.


Similarly, section 924(a)(1)(A) of title 18 provides that whoever knowingly makes any false statement or representation with respect to the information required to be kept in the records of a federal firearms licensee or in applying for any license or exemption or relief from disability under chapter 44 (Firearms) of title 18 is subject to a statutory maximum term of imprisonment of five years.


Sections 922(a)(6) and 924(a)(1)(A) are commonly charged where a defendant makes a false statement on Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473 (Firearms Transaction Record), the form required to lawfully transfer a firearm from a federally licensed dealer. Courts have upheld convictions under one or both of

these sections where the defendant provided false answers about eligibility to possess a firearm as well as where the defendant provided a false address.


Straw purchase defendants who make a material misrepresentation as to the identity of the actual firearm purchaser on ATF Form 4473 also are chargeable under both section 922(a)(6) and section 924(a)(1)(A). In Abramski v. United States, the Supreme Court held that the true identity of the purchaser of a firearm is a material fact under

section 922(a)(6), even when the true purchaser is legally eligible to acquire a firearm.

Stolen/Altered and Obliterated Serial Number Offenses

Several offenses prohibit stealing firearms or transporting or possessing stolen firearms. It is unlawful to steal a firearm from a federal firearms licensee under 18 U.S.C. §§ 922(u) and 924(m), and to steal any firearm that is moving or has moved in interstate or foreign commerce under 18 U.S.C. § 924(l).49 Shipping or transporting a stolen firearm or

stolen ammunition, knowing or having reasonable cause to believe it was stolen, is a violation of 18 U.S.C. § 922(i). And receiving, possessing, concealing, storing, or disposing of a stolen firearm or stolen ammunition that is moving or has moved in interstate or foreign commerce, knowing or having reasonable cause to believe it was stolen, is a violation of 18 U.S.C. § 922(j). Each of these offenses carries a statutory maximum term of imprisonment of ten years.


Section 922(k) of title 18 prohibits transporting, shipping, or receiving a firearm with a removed, altered, or obliterated serial number, or possessing or receiving a firearm that has at any time been shipped or transported in interstate or foreign commerce. Section 922(k) carries a statutory maximum term of imprisonment of five years.


Similarly, 26 U.S.C. § 5861(g) makes it unlawful to alter or obliterate the serial number on a firearm described in section 5845(a) of title 26, and 26 U.S.C. § 5861(h) makes it unlawful to receive or possess a firearm described in section 5845(a) with an altered or obliterated serial number. These offenses each carry statutory maximum terms of

imprisonment of ten years.


Attacking these prosecutions involves oftentimes an attack on the element the government is required to prove of intent. There are ways to show the person lacked the intent to commit these possession-based crimes. Contact me if you are charged for firearms offense for our firearm defense services.