Federal firearms charges include felon in possession under 18 U.S.C. § 922(g)(1) — up to 10 years (15-year mandatory minimum for Armed Career Criminal Act qualifiers under § 924(e)) — and possession of a firearm in furtherance of a drug trafficking or violent crime under 18 U.S.C. § 924(c), carrying mandatory consecutive minimums of 5, 7, 10, or 30 years depending on weapon type.
Federal firearms charges are among the harshest offenses in the federal code — with mandatory minimums that stack consecutively on drug trafficking and violent crime sentences. Here is how §§ 922(g)(1) and 924(c) work.
Felon in Possession — § 922(g)(1)
Under 18 U.S.C. § 922(g)(1), it is a federal crime for any person convicted of a felony to knowingly possess a firearm or ammunition that has traveled in interstate commerce. The baseline penalty is up to 10 years. See Rehaif v. United States, 588 U.S. 225 (2019) (government must prove defendant knew of prohibited status).
Armed Career Criminal Act — § 924(e)
If the § 922(g) defendant has three or more prior convictions for “violent felonies” or “serious drug offenses,” the Armed Career Criminal Act imposes a 15-year mandatory minimum. The definition of “violent felony” has generated substantial litigation, including Johnson v. United States, 576 U.S. 591 (2015).
§ 924(c) — Firearm in Furtherance of Drug Trafficking or Crime of Violence
18 U.S.C. § 924(c) is a separate federal offense carrying mandatory consecutive minimum sentences:
- 5 years for possession of a firearm in furtherance
- 7 years if the firearm was brandished
- 10 years if the firearm was discharged
- 10 years for short-barreled rifle/shotgun or semiautomatic assault weapon
- 30 years for machine gun or silencer
- 25 years for second or subsequent § 924(c) conviction
The § 924(c) sentence must run consecutively to the underlying drug trafficking or violent crime sentence.
"In Furtherance" vs. "During and In Relation To"
§ 924(c) was amended in 1998 to add the “in furtherance” element for possession. Courts distinguish:
- Use under Bailey v. United States, 516 U.S. 137 (1995) — active employment of the firearm
- In furtherance — firearm advanced or helped forward the crime (lower bar than “use”)
- During and in relation to — for “carry” element
Common § 924(c) fact patterns include guns found near drugs, in a car with trafficking quantities, or accessible to a defendant during a drug transaction.
Defense Strategies
Knowledge Defenses
After Rehaif, the government must prove the defendant knew of the prohibited status (felony conviction, illegal alien status, etc.). Defense challenges focus on whether the defendant understood the prior was a felony.
Possession Challenges
Constructive possession — where the defendant did not physically hold the firearm — requires affirmative links similar to drug possession cases. Multiple occupants, shared residences, and shared vehicles create opportunities.
Interstate Commerce Element
While rarely successful, the interstate commerce element can be challenged when the firearm was manufactured entirely in-state.
Fourth Amendment Suppression
Most firearms cases involve searches. Aggressive motion practice frequently results in evidence suppression.
Severing the § 924(c) Charge
When the underlying predicate is weak, focused defense on the predicate can collapse both the predicate and the § 924(c) charge.
ACCA Johnson Challenges
After Johnson v. United States, 576 U.S. 591 (2015), the residual clause of ACCA was struck as unconstitutionally vague. Many ACCA defendants have obtained relief through § 2255 motions when their prior convictions qualified only under the residual clause. Welch v. United States, 578 U.S. 120 (2016), made Johnson retroactive.
Frequently Asked Questions
Can a felon ever own a gun again in Texas?
Federal law (§ 922(g)(1)) prohibits felons from possession lifetime. Texas state law (§ 46.04) restricts for 5 years after release, but federal law continues to prohibit even after state restoration.
What's the minimum sentence for § 924(c)?
5 years (possession), 7 years (brandished), 10 years (discharged), 10+ years for certain weapon types — all consecutive to the underlying offense.
How many priors make me an armed career criminal?
Three qualifying priors for violent felonies or serious drug offenses under § 924(e), triggering a 15-year mandatory minimum.
Can § 924(c) charges be stacked?
Yes. The First Step Act (2018) limited some stacking, but multiple § 924(c) convictions in separate cases can still produce enormous sentences.
Does the First Step Act reduce my § 924(c) sentence?
For convictions before 2018, the Act generally does not apply retroactively. For post-2018 cases, “second or subsequent” counts only final prior § 924(c) convictions.
Speak With a Frisco Criminal Defense Attorney
If you or a loved one is facing federal firearms charges in Frisco, Collin County, or anywhere in the Dallas-Fort Worth metroplex, the time to act is now. L and L Law Group attorneys are available 24 hours a day, 7 days a week. Call (214) 466-1398 for a free, confidential consultation, or submit your case online and a licensed attorney will contact you directly.
This article is general information, not legal advice. Texas criminal law is complex and fact-specific — please consult a licensed Texas attorney about your particular situation. Past results do not guarantee future outcomes.