Weapons Charges Explained

A weapons charge can carry years in prison and other consequences, such as a permanent ban on owning a firearm. Whether the charge is a felony or a misdemeanor often depends on:

• The type of deadly weapon involved
• Where it was found
• The defendant’s criminal history

In this article, we’ll cover the most common types of weapons charges, focusing primarily on the most serious felony charges. If you or someone you know is facing weapons charges, contact a criminal defense lawyer. They can evaluate the charge, determine whether state or federal law applies, and help build a strong defense. 

Common Types of Felony Weapons Charges

Most gun charges that people think of are felony offenses. For example:

• A convicted felon caught with a firearm
• Illegal possession of a machine gun or sawed-off shotgun
• Gun trafficking

A felony weapons conviction can carry years in prison and fines. It could also result in a lifetime ban on gun ownership. 

Other weapons offenses, like carrying a pocketknife in a state that bans them, are misdemeanors with lighter consequences. The line between a felony and a misdemeanor is thin. Sometimes, the difference in criminal charges falls only on the weapon involved, the location, or a previous conviction.

Felon in Possession of a Firearm

This is the most common federal weapons charge. Under federal law, a person previously convicted of a crime punishable by more than a year in prison cannot possess, ship, transport, or receive a firearm. This restriction also covers ammunition. The firearm or ammunition need only have moved through interstate commerce.

A defendant doesn’t need to have actually served a felony sentence for this to apply. Even a state misdemeanor can trigger this restriction, as long as it’s punishable by more than a year in prison. In fiscal year 2025, felon-in-possession charges accounted for more than 7,000 federal convictions. A prior felony conviction served as the basis for prosecution in 89% of those cases.

Unlawful Possession of Prohibited Weapons

Certain categories of weapons, including machine guns, sawed-off shotguns, short-barreled rifles, silencers, and destructive devices like grenades or pipe bombs, are tightly regulated under federal law. Possessing one of these without proper registration can result in up to 10 years in federal prison and fines of up to $250,000.

Weapons Trafficking and Straw Purchasing

Buying a firearm on behalf of someone else, known as a straw purchase, is its own distinct federal felony. In 2022, Congress made it a distinct federal crime to purchase a firearm on behalf of someone the purchaser knows, or has reasonable cause to believe, is legally barred from owning one.

This offense carries a maximum sentence of 15 years in prison. The penalty increases to 25 years of imprisonment if the firearm is meant for a violent crime, terrorism, or drug trafficking. 

Armed Career Criminal Enhancement

A defendant can face harsher penalties if convicted of a felony for possession of a firearm. This happens when the defendant already has three or more prior convictions for violent felonies or serious drug offenses. The mandatory minimum jumps to 15 years, with a maximum sentence of life in prison. This applies regardless of how the sentencing judge views the case.

Firearms Trafficking

A separate firearms trafficking law addresses moving guns into illegal channels of commerce. This offense doesn’t require a stand-in buyer like straw purchasing does. It covers anyone who ships, transports, or disposes of firearms while knowing, or having reasonable cause to believe, that the transfer or receipt would be illegal. A conviction carries a sentence of up to 15 years in prison.

Possession of a Weapon During Another Felony

Using or possessing a firearm during a separate violent crime or drug trafficking offense triggers enhanced federal penalties. These sentences must be served consecutively, meaning they are added to the sentence for the underlying crime. The mandatory minimums include:

• Possession of a firearm: Five-year mandatory minimum
• Brandishing a firearm: Seven-year mandatory minimum
• Discharging (firing) a firearm: 10-year mandatory minimum
• Possession of a short-barreled rifle or shotgun: 10-year mandatory minimum
• Possession of a machine gun or silencer: 30-year mandatory minimum

A life sentence can be imposed for a second conviction under this law if it involves a machine gun, destructive device, or silencer.

Misdemeanor Weapons Charges

Not every weapons offense is a felony. In some states, carrying certain weapons without a permit, such as brass knuckles or some folding knives, is a misdemeanor. Some permit violations are even less serious.

For example, in Florida, carrying a concealed weapon without valid ID is a noncriminal infraction with a $25 fine. A misdemeanor weapons conviction can mean up to a year in jail, fines, and a permanent record. Some misdemeanors, especially those involving domestic violence, can also lead to a lifetime firearms ban under federal law.

Possession in Prohibited Locations

Knowingly having a firearm in a school zone (defined as on school property or within 1,000 feet) is also a federal crime. A conviction carries a sentence of up to five years in prison. Although the offense falls under federal firearms law, the law formally treats it as a misdemeanor for purposes other than sentencing.

Who Can’t Legally Own a Gun?

Federal law lists nine categories of people barred from possessing a firearm, also known as prohibited persons. This includes anyone:

• Convicted of a crime punishable by more than a year in prison
• Convicted of certain domestic violence misdemeanors
• Subject to a qualifying domestic violence restraining order
• Classified as a fugitive from justice
• Using, or addicted to, controlled substances
• Adjudicated mentally ill or committed to a mental institution
• Dishonorably discharged from the military
• Present in the country unlawfully, along with certain other non-citizens
• A former U.S. citizen who has renounced their citizenship

Even a restriction that seems temporary, like an active restraining order, can support a felony charge if a firearm turns up while the order is still in effect.

Federal vs. State Weapons Charges

Weapons offenses can be prosecuted at both the state and federal levels. The applicable level matters. Federal prosecutors tend to step in when a firearm crosses state lines, when the defendant falls into a federally prohibited category, or when trafficking or an especially serious offense is involved. States set their own rules for what counts as a felony.

Under Florida gun laws, carrying a concealed knife without a license is only a first-degree misdemeanor. Those carrying a concealed firearm without meeting the state’s licensing requirements face a third-degree felony. The penalties differ, even though both offenses involve the same act.

The same offense can violate both federal law and a state’s own trafficking statute. This means straw purchasing can lead to charges under either system. In some cases, a defendant can face both at once.

Penalties for Felony Weapons Convictions

Federal prison sentences vary considerably depending on the specific charge and any mandatory minimum involved. Examples include:

• Standalone felon-in-possession conviction: Carries a maximum of 10 years, with an average sentence of around 70 months
• Armed career criminal enhancement: Raises the mandatory minimum to 15 years, with average sentences closer to 192 months
• Firearms are tied to a separate violent crime: Adds years on top of that sentence, served consecutively rather than concurrently (at the same time)

State penalties depend on a state’s sentencing rules and the degree of the felony charged. In addition to jail time and fines, a conviction for a felony weapons charge may also bring lasting consequences even after release, such as:

• Permanent loss of gun rights
• Loss of voting rights in some states
• Obstacles to housing and certain professional licenses
• For non-citizens, immigration consequences can include deportation

Each state’s penalties are unique.

Common Defenses to Felony Weapons Charges

A defense attorney may raise several different defenses in a felony weapons case, such as:

• Fourth Amendment violations: If police lacked reasonable suspicion or probable cause for a stop or a search, any firearm recovered may be excluded as evidence
• Lack of knowing possession: Prosecutors must prove the defendant knew a firearm was present and had the ability to control it
• Challenging the prohibited person status: If an earlier conviction was expunged, pardoned, or resulted in the restoration of civil rights, the disqualification underlying the charge may no longer apply
• Second Amendment challenges: The Supreme Court issued a major ruling in New York State Rifle & Pistol Association v. Bruen in 2022, leading to some federal courts finding the felon-in-possession ban unconstitutional as applied to specific defendants with older, nonviolent convictions
• Lack of federal jurisdiction: If the firearm never moved through interstate commerce, the case may belong in state court, where penalties are often less severe

Every weapon charge has details that make it unique.

Get Legal Help Right Away

If you or your loved one is facing charges related to gun crimes or weapon crimes, consider speaking to a criminal defense attorney. A lawyer can help protect your rights during pretrial proceedings and determine whether federal or state law, or both, apply to the case. FindLaw’s directory of criminal defense attorneys can help you connect with the right advocate for your situation.