Firearm/Gun Charges
FEDERAL CRIMINAL DEFENSE
Federal Gun Crimes Defense: Safeguard Your Rights,
Liberty, and Second Amendment Future
Federal firearms charges strike swiftly and severely—FBI and ATF raids, mandatory prison sentences with no parole in the Bureau of Prisons, and lifelong loss of firearm rights. These are prosecuted exclusively as felonies in U.S. District Courts (e.g., Eastern, Middle, and Western Districts of Tennessee) under Title 18 U.S.C. § 921 et seq. and related statutes. A single conviction often triggers 5, 7, 10, 25, or even 30+ years, frequently stacked consecutively.
At The Evans Law Firm our experienced criminal defense attorneys represent gun owners, veterans, hunters, competitive shooters, and individuals accused in complex federal cases. We handle ATF sting operations, felon-in-possession investigations, trafficking conspiracies, and more across East Tennessee and federal courts statewide. We fight aggressively to protect your freedom and future.
Common federal gun charges we defend include:
1. Felon in Possession of Firearm or Ammunition – 18 U.S.C. § 922(g)(1)
Core prohibition: Anyone with a prior felony conviction (or certain misdemeanors like domestic violence) cannot possess firearms or ammunition.
Potential penalties: Up to 10 years (often enhanced).
Key defenses: Antique firearm exception, expunged/expungement-eligible conviction, restoration of civil rights (including firearm rights via state process), or challenge to prior conviction validity.
2. Possession of Firearm in Furtherance of Drug Trafficking Crime – 18 U.S.C. § 924(c)
Carrying or using a firearm during/ in relation to a drug crime—or possessing it in furtherance—triggers severe, mandatory consecutive sentences.
3. Unlawful Dealing / Trafficking in Firearms – 18 U.S.C. § 922(a)(1)(A)
Engaging in the business of selling firearms without a Federal Firearms License (FFL).
Maximum: 5 years (enhanced significantly in conspiracies).
Straw purchase conspiracies (especially 50+ firearms): Often 10+ years.
False statements on ATF Form 4473 (§922(a)(6)): Up to 10 years.
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4. Possession of Unregistered National Firearms Act (NFA) Item – 26 U.S.C. § 5861(d)
Covers machine guns, silencers (suppressors), short-barreled rifles (SBRs), short-barreled shotguns (SBSs), any other weapons (AOWs), and destructive devices—requires $200 tax stamp and ATF registration.
Per item: Up to 10 years imprisonment and $250,000 fine.
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5. Illegal Import / Export of Firearms – 18 U.S.C. § 922(l) & ITAR Violations
Smuggling firearms across U.S. borders or violating export controls.
Maximum: 10 years (up to 20 years with State Department ITAR violations).
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GLOCK SWITCHES (Auto-Sears) = FULL-AUTO = SEVERE FEDERAL PRISON
What it is: Small device converts semi-auto Glock to fully automatic (classified as machine gun under 26 U.S.C. § 5845(b)).
Federal Sentencing Enhancements (USSG §2K2.1)
​​Proven Federal Gun Defense Strategies at The Evans Law Firm
1. Motion to Suppress Evidence
Challenge illegal stops, no-knock warrant defects, faulty K9 alerts, or lack of probable cause. Argue constructive possession (e.g., gun in shared vehicle ≠ personal guilt).
2. Second Amendment / Bruen Challenges
Post-NY State Rifle & Pistol Ass'n v. Bruen (2022): Firearm regulations must have clear historical analogue. Non-violent felon disarmament rules increasingly vulnerable.
3. Mens Rea / Knowledge Defenses
Client lacked knowledge of prohibited status, device illegality (e.g., silencer), or serial number obliteration.
4. Entrapment or Outrageous Government Conduct
ATF stings, stash-house setups, or hypothetical deals that cross into coercion.
5. Diversion & Alternative Programs
Veterans Treatment Court, pretrial diversion for eligible first-time offenders, or probation alternatives.
6. Rights Restoration Advocacy
Assist with Tennessee civil rights restoration orders or federal expungement/pardon processes to resolve issues pre- or post-charge.
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The Clock Is Ticking—Act Now
ATF seizure of firearms? You have 30 days to contest administrative forfeiture.
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Received a federal target letter or grand jury subpoena? Do NOT speak to agents or prosecutors without counsel—anything you say can be used against you.
Contact The Evans Law Firm Today for Immediate Help
We offer confidential, same-day case reviews across Knox County and all East Tennessee.
Your rights, freedom, and future are worth defending. One call to The Evans Law Firm puts an aggressive, experienced federal gun crimes defense team on your side.
