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Guns and Other Federal Firearms Offenses

The majority of federal firearms prosecutions in Kentucky charge convicted felons and other prohibited persons with illegally possessing firearms. 18 U.S.C. 922(g). Convicted felons are not the only group of people prohibited from possessing forearms, however. The statute also prohibits illegal aliens, individuals addicted to drugs and people who have domestic violence orders or convictions against them from possessing weapons or ammunition.

The second federal firearms offense that is frequently charged is when someone uses or carries a firearm in relation to a crime of violence or drug trafficking offense. These are extremely serious charges that can sometimes be prevented if defense counsel is retained early enough in the investigation. The 18 U.S.C. 924(c) gun count carries a five year mandatory minimum sentence that must run consecutive to the underlying crime of drug trafficking or violence. It carries a seven year mandatory minimum sentence if the firearm is brandished and ten years if the firearm is discharged.

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