Federal firearms prosecutions have increased sharply in New Jersey. Through programs such as Project Safe Neighborhoods, cases that begin with a local traffic stop or search warrant are often “adopted” by the U.S. Attorney’s Office, where penalties can be much harsher than under New Jersey’s Graves Act. The ATF, FBI, HSI and local task forces also investigate gun trafficking along the I-95 corridor, straw purchases, ghost guns and devices that convert pistols into machine guns.
If you are charged with a federal gun offense, or a state gun case may be transferred to federal court, an experienced New Jersey federal gun charges lawyer can evaluate whether the evidence was lawfully obtained, whether the government can prove knowing possession and whether constitutional challenges apply. Keith Oliver Criminal Law defends federal firearms cases in Newark, Trenton and Camden.
Photo: Carol M. Highsmith / Wikimedia Commons (Public domain)
- Possession of a firearm or ammunition by a prohibited person under 18 U.S.C. § 922(g), including people with felony convictions, carries up to 15 years.
- Using, carrying or possessing a gun in connection with a crime of violence or drug trafficking crime under § 924(c) carries a mandatory 5, 7 or 10 years, served consecutively to any other sentence.
- Straw purchasing (§ 932) and firearms trafficking (§ 933) each carry up to 15 years, or up to 25 years in aggravated straw purchase cases.
- The Armed Career Criminal Act imposes a 15-year mandatory minimum for § 922(g) defendants with three qualifying prior convictions.
- Defenses include suppression of illegally obtained evidence, lack of knowing possession and, after Rehaif and Range, challenges based on knowledge of status and the Second Amendment.
Possession by a Prohibited Person – 18 U.S.C. § 922(g)
Section 922(g) makes it a crime for certain categories of people to possess a firearm or ammunition that has traveled in interstate commerce. Prohibited persons include anyone who:
- Has been convicted of a crime punishable by more than one year in prison
- Is a fugitive from justice
- Is an unlawful user of or addicted to a controlled substance
- Has been adjudicated mentally defective or committed to a mental institution
- Is unlawfully present in the United States
- Was dishonorably discharged from the military or renounced citizenship
- Is subject to a qualifying domestic violence restraining order
- Has been convicted of a misdemeanor crime of domestic violence
Since the Bipartisan Safer Communities Act of 2022, a violation of § 922(g) carries up to 15 years in prison under 18 U.S.C. § 924(a)(8). Under the Armed Career Criminal Act, 18 U.S.C. § 924(e), a person with three prior convictions for a violent felony or serious drug offense committed on different occasions faces a 15-year mandatory minimum and up to life. In Erlinger v. United States (2024), the Supreme Court held that a jury, not a judge, must decide whether the prior offenses occurred on different occasions.
Firearms Used in Violent or Drug Crimes – 18 U.S.C. § 924(c)
A person who uses or carries a firearm during and in relation to a crime of violence or drug trafficking crime, or possesses one in furtherance of such a crime, faces a mandatory minimum that must run consecutively to the sentence for the underlying crime:
- 5 years for using, carrying or possessing the firearm
- 7 years if the firearm was brandished
- 10 years if the firearm was discharged, or if it was a short-barreled rifle or shotgun
- 30 years if it was a machine gun, destructive device or silencer
- 25 years for a second § 924(c) conviction after a prior one has become final
Whether an offense qualifies as a “crime of violence” has been heavily litigated. In United States v. Davis (2019) and United States v. Taylor (2022), the Supreme Court held that conspiracy to commit Hobbs Act robbery and attempted Hobbs Act robbery do not qualify. See our page on federal robbery for more.
Straw Purchases and Firearms Trafficking – 18 U.S.C. §§ 932 and 933
The Bipartisan Safer Communities Act created two stand-alone offenses. Straw purchasing under § 932 means buying a firearm for someone else, knowing or having reasonable cause to believe the actual buyer is a felon or otherwise intends to use it in certain crimes. Trafficking under § 933 means shipping, transporting, transferring or receiving firearms knowing or having reasonable cause to believe the recipient’s possession would be a felony. Each carries up to 15 years, and a straw purchase made knowing the firearm will be used in a felony, act of terrorism or drug trafficking crime carries up to 25 years. Lying on ATF Form 4473 can also be charged under 18 U.S.C. §§ 922(a)(6) and 924(a)(1)(A).
Machine Guns, Conversion Devices and Ghost Guns
Possessing or transferring a machine gun made after May 19, 1986 is prohibited by 18 U.S.C. § 922(o) and carries up to 10 years. Federal law treats small conversion devices, often called “switches” or “auto sears,” that make a pistol fire automatically as machine guns themselves. Unregistered short-barreled rifles, short-barreled shotguns, silencers and destructive devices are prosecuted under the National Firearms Act, 26 U.S.C. § 5861, with up to 10 years. Possessing a firearm with an altered or obliterated serial number violates § 922(k) and carries up to 5 years. In Bondi v. VanDerStok (2025), the Supreme Court upheld the ATF rule treating certain weapon parts kits and partially complete frames and receivers as firearms, which affects many federal ghost gun cases. New Jersey also prosecutes ghost guns aggressively under state law.
Constitutional Challenges After Bruen
Since New York State Rifle & Pistol Association v. Bruen (2022), gun laws must be consistent with the nation’s historical tradition of firearm regulation. In United States v. Rahimi (2024), the Supreme Court upheld the ban on possession by people subject to domestic violence restraining orders. In New Jersey’s own federal circuit, the Third Circuit held in Range v. Attorney General that § 922(g)(1) was unconstitutional as applied to a man whose only prior conviction was a decades-old nonviolent offense. These decisions create opportunities for as-applied challenges in the right cases, particularly for people with old, nonviolent felony convictions.
Defenses to Federal Gun Charges
- Illegal search or seizure – suppressing a gun found during an unlawful stop, frisk, vehicle search or warrantless home entry
- No knowing possession – guns found in shared cars, apartments or bags do not automatically belong to everyone nearby; constructive possession requires knowledge and intent to control
- Knowledge of prohibited status – under Rehaif v. United States (2019), the government must prove the defendant knew he belonged to a prohibited category
- No qualifying predicate – for § 924(c) and the Armed Career Criminal Act, the prior or underlying offense may not legally qualify
- Second Amendment challenges – as-applied challenges after Bruen and Range
- Interstate nexus and operability – the firearm or ammunition must meet the statutory definitions and have traveled in interstate commerce
Prosecutors often seek detention in gun cases, so preparation for the first hearing matters. To learn more about federal cases generally, visit our federal crimes page.
Related Federal Defense Guides
- Federal drug charges
- Federal robbery
- Federal detention hearings and pretrial release
- How the federal sentencing guidelines work
Frequently Asked Questions
How much time does a felon in possession of a firearm get federally?
The maximum is 15 years under 18 U.S.C. § 924(a)(8). Actual sentences depend on the Sentencing Guidelines, the person’s criminal history and the facts. A person with three qualifying prior convictions faces a 15-year mandatory minimum under the Armed Career Criminal Act.
Why would my New Jersey gun case go to federal court?
State gun cases can be adopted by federal prosecutors, especially when the defendant has a prior felony, the gun was used in a drug or violent crime, the case involves trafficking or a machine gun conversion device, or it is part of a task force investigation.
What is a straw purchase?
A straw purchase is buying a gun for another person while knowing or having reason to believe that person cannot legally have it or intends to use it in a crime. It is a federal crime under 18 U.S.C. § 932, punishable by up to 15 years.
Is a Glock switch illegal under federal law?
Yes. A device that converts a semi-automatic pistol to fire automatically is treated as a machine gun under federal law. Possessing one can be charged under 18 U.S.C. § 922(o), punishable by up to 10 years, and can trigger a 30-year mandatory minimum if connected to a § 924(c) offense.
Can a felon challenge the federal gun ban after Bruen?
In some cases. The Third Circuit’s decision in Range v. Attorney General allows as-applied challenges by certain people with old, nonviolent convictions. Whether a challenge is viable depends on the person’s specific record.