Federal Firearms Charge Defense in Louisiana

Written by Jarrett Ambeau, trial attorney, court-qualified forensic DNA expert, and lead counsel at The Ambeau Law Firm.

What are federal firearms charges? Federal gun offenses under 18 U.S.C. sections 922 and 924 include felon in possession, prohibited weapons, false statements on purchase forms, trafficking, and using a firearm during a drug or violent crime. Many carry mandatory minimum sentences and are prosecuted aggressively in federal court.

A federal firearms case is a different animal from a state charge. The sentencing guidelines are unforgiving, some counts carry mandatory minimums that stack on top of other charges, and federal prosecutors bring significant resources. When the government builds a gun case, the defense has to be just as serious, and it has to start early.

I am Jarrett Ambeau. I have tried more than sixty felony jury trials to verdict, and I am a court-qualified forensic expert. Federal gun cases often turn on the legality of a search and on the forensic handling of the firearm, and that is where I focus.

Quick answers

• What it is: federal firearms offenses under 18 U.S.C. sections 922 and 924.
• The penalty: up to ten years for felon in possession, with mandatory minimums under the Armed Career Criminal Act and section 924(c).
• The key issue: the legality of the search, knowing possession, and the validity of prior convictions.
• What to do first: say nothing to federal agents and call a lawyer before any interview.

What counts as a federal firearms offense?

Federal law criminalizes a wide range of gun-related conduct. The most common charge is felon in possession under 18 U.S.C. section 922(g), which bars firearm possession by people with felony records and certain other prohibited categories. Others include possession of an unregistered weapon, straw purchases and false statements, trafficking, and the serious offense of using or carrying a firearm during a drug trafficking crime or crime of violence under section 924(c), which adds consecutive mandatory time.

What the government must prove

For a typical felon-in-possession case, the government must prove beyond a reasonable doubt:

• A prohibited status. That the defendant fell into a category barred from possessing firearms, such as a prior felony.
• Knowing possession. That the defendant knowingly possessed the firearm.
• Knowledge of status. That the defendant knew of the status that made possession unlawful.
• Interstate commerce. That the firearm traveled in or affected interstate commerce.

How a federal firearms case moves

Federal cases follow their own path. After an arrest or indictment, there is an initial appearance and a detention hearing where the court decides on release. Then arraignment, an intensive motions phase, and either a plea or trial, with sentencing governed by the federal guidelines and any mandatory minimums. The motions phase, especially suppression motions challenging the search that produced the gun, is often where a federal firearms case is decided.

What are the defenses to federal firearms charges?

The defenses that come up most often include:

• Unlawful search or seizure. Suppressing the firearm if it was found through an illegal stop or search.
• No knowing possession. That the defendant did not knowingly possess the firearm.
• Not a prohibited firearm. That the item does not meet the legal definition at issue.
• Invalid prior convictions. Challenging the priors used to enhance the sentence under the Armed Career Criminal Act.
• Insufficient interstate nexus. Contesting the interstate commerce element.

How we defend a federal firearms charge

Because I am a court-qualified forensic expert, I examine how the firearm was recovered, handled, and tested, from the search itself to the chain of custody and any ballistics or DNA work. We scrutinize the legality of every step, and we build the timeline the government would rather ignore. You can read more on our forensic science page.

Federal court demands preparation and experience. With more than sixty felony jury trials to verdict, we prepare every case for trial, which is what creates leverage in plea discussions as well. It is what we do here at The Ambeau Law Firm.

Frequently asked questions

What are federal firearms charges?

Federal firearms offenses fall largely under 18 U.S.C. sections 922 and 924. They include being a felon in possession of a firearm, possession of an unregistered or prohibited weapon, making false statements on a purchase form, trafficking, and using or carrying a firearm during a drug trafficking crime or crime of violence. Federal gun cases often carry mandatory minimum sentences and are prosecuted aggressively.

What is the penalty for felon in possession of a firearm?

Under 18 U.S.C. section 922(g), a person barred from possessing firearms who is convicted faces up to ten years in federal prison, and far more under the Armed Career Criminal Act if they have qualifying prior convictions, which can trigger a fifteen-year mandatory minimum. Using or carrying a firearm during certain crimes under section 924(c) adds consecutive mandatory time on top of the underlying offense.

Can a firearms charge be brought in both state and federal court?

Yes. The same conduct can violate both Louisiana and federal firearms law, and federal prosecutors often take gun cases with a felony record, drug connection, or interstate element. Federal court operates under different rules, sentencing guidelines, and mandatory minimums than state court, so it is important to have a lawyer who understands both systems evaluating the case.

What defenses apply to federal firearms charges?

Common defenses include challenging the search or seizure that produced the firearm, contesting knowing possession, disputing that the item meets the legal definition of a prohibited firearm, and attacking the validity of prior convictions used to enhance the sentence. Because these cases so often turn on the legality of a search, suppression motions are frequently at the center of the defense.

Talk to a Louisiana federal firearms defense lawyer

A few quick questions help us understand your situation: Has an arrest or indictment already happened? Is the case in state or federal court? Was the firearm found during a search or traffic stop? If you are facing federal firearms charges, do not wait. Check Jarrett’s availability for your case or call 225-330-7009.

Statute reference

Federal firearms offenses are found primarily in 18 U.S.C. sections 922 and 924. Statutes and guidelines change, so verify the current text through official government sources. Section 922(g) prohibits firearm possession by certain categories of people, including those with felony convictions, and section 924 sets penalties, including mandatory minimums under the Armed Career Criminal Act and for using or carrying a firearm during a drug trafficking crime or crime of violence.

Source: 18 U.S.C. §§ 922, 924.