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Weapons offenses

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Key facts: Federal law defines firearms broadly, lists specific categories of people barred from possessing them, and imposes added mandatory prison terms for using or carrying a firearm during a violent or drug trafficking crime.[1][2][3]

Weapons offenses are crimes involving the possession, sale, transport, or use of firearms and other weapons. Federal law defines firearms broadly and bars certain categories of people from possessing them, while using a firearm during another crime can trigger separate, additional federal penalties.[1][2][3]State law also regulates weapons, and state definitions and rules can differ from federal ones.[1]

Overview

Firearms are weapons readily capable of expelling a projectile, such as a bullet, through an explosive mechanism, and the term covers guns and components such as silencers, mufflers, frames, or receivers, as well as destructive devices like bombs.[1]The federal Gun Control Act of 1968, codified at 18 U.S.C. § 921, supplies the main federal definition, which expressly excludes antique firearms.[1]States also define firearms in their own statutes, and these definitions do not always match the federal one; for example, California's definition requires that a device be intended for use as a weapon, which excludes starter guns that the federal definition includes.[1]Weapons offenses sit within the broader category of crimes and offenses and often overlap with other offense categories such as violent crimes and drug crimes.

Prohibited persons

Federal law makes it unlawful for certain categories of people to ship, transport, possess, or receive a firearm or ammunition in or affecting interstate commerce.[2]These categories include people convicted of a crime punishable by more than one year in prison, fugitives from justice, unlawful users of or persons addicted to a controlled substance, people adjudicated as a mental defective or committed to a mental institution, certain aliens unlawfully in the United States or admitted on a nonimmigrant visa, people dishonorably discharged from the Armed Forces, people who have renounced U.S. citizenship, people subject to certain domestic-violence restraining orders, and people convicted of a misdemeanor crime of domestic violence.[2]Federal law separately bars selling or disposing of a firearm or ammunition to someone the seller knows or has reasonable cause to believe falls into one of these categories.[2]These prohibitions connect to broader questions about the elements of a crime and to mens rea, since many of the federal provisions require that a person act knowingly.[2]

Using a firearm in a crime

Federal law imposes additional, mandatory prison terms on a person who, during and in relation to a crime of violence or drug trafficking crime prosecutable in federal court, uses or carries a firearm, or who possesses a firearm in furtherance of such a crime.[3]The minimum added term is not less than 5 years, rising to not less than 7 years if the firearm is brandished and not less than 10 years if it is discharged.[3]If the firearm involved is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the minimum rises to not less than 10 years, and if it is a machinegun, a destructive device, or equipped with a silencer or muffler, the minimum rises to not less than 30 years.[3]A second conviction under this provision carries a minimum of not less than 25 years, or life imprisonment if the firearm is a machinegun or destructive device equipped with a silencer or muffler.[3]Courts may not place a person convicted under this provision on probation, and the sentence may not run concurrently with any other prison term, including the sentence for the underlying crime of violence or drug trafficking crime.[3]This provision often intersects with drug crimes and with criminal sentencing generally, and separate knowing violations of certain firearm provisions can bring fines and imprisonment of not more than 5, 10, or 15 years depending on which subsection is violated.[3]

State weapons laws

State governments define and regulate firearms through their own statutes, and these definitions and rules can differ from federal law.[1]For example, California's Penal Code defines a firearm as a device intended for use as a weapon that discharges a projectile through a barrel using the force of an explosion or another method of combustion, a definition narrower than the federal one in that it excludes starter guns.[1]Because rules vary by state, the exact list of prohibited persons, licensing requirements, and penalties for weapons offenses can differ from one jurisdiction to another, and state law can impose additional restrictions beyond federal law.[1]People facing a weapons charge may want to review general information on the criminal process step by step, arrest, and criminal defenses, and can consult public defenders or other counsel for guidance specific to their case.

Entries in this section

Further entries planned for this section (not yet published):

Common questions

Who is prohibited from having a gun under federal law?

Federal law bars several categories of people from shipping, transporting, possessing, or receiving a firearm or ammunition in or affecting interstate commerce, including those convicted of a crime punishable by more than one year in prison, fugitives from justice, unlawful users of or persons addicted to a controlled substance, and people adjudicated as a mental defective or committed to a mental institution.[2]The list also includes certain aliens unlawfully in the United States, people dishonorably discharged from the Armed Forces, people who have renounced their U.S. citizenship, people subject to certain domestic-violence restraining orders, and people convicted of a misdemeanor crime of domestic violence.[2]

How do state and federal gun laws overlap?

Federal law supplies a baseline definition of firearms and a set of prohibited-person categories and penalties, but states also define firearms and regulate weapons under their own statutes, and these definitions do not always match the federal one.[1]For example, California's firearm definition excludes starter guns that the federal definition includes, showing that state and federal rules can diverge even on basic terms.[1]

What happens if a firearm is used during another crime?

Under federal law, using or carrying a firearm during and in relation to a crime of violence or drug trafficking crime, or possessing a firearm in furtherance of such a crime, triggers an additional mandatory minimum prison term on top of the sentence for the underlying crime.[3]The minimum is at least 5 years, and it increases if the firearm is brandished, discharged, or is a certain type of weapon such as a machinegun or destructive device.[3]

Can a felon ever legally possess a firearm again?

Federal law generally prohibits a person convicted of a crime punishable by more than one year in prison from possessing a firearm, though the statute notes an exception for a person who has been granted relief from disabilities under a separate provision.[2]Because this area involves detailed statutory exceptions, people in this situation may want to seek individualized legal guidance.

What is the penalty for knowingly violating federal firearm transfer or import rules?

Penalties vary by provision: some knowing violations carry a fine, imprisonment of not more than five years, or both, while knowing violations of other specific subsections carry imprisonment of not more than ten or fifteen years.[3]Separate, harsher mandatory minimums apply specifically to using, carrying, or possessing a firearm in connection with a crime of violence or drug trafficking crime.[3]

References

All sources retrieved November 2026.

  1. ^ a b c d e f g h i j k l m "Firearms (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  2. ^ a b c d e f g h i j "18 U.S.C. § 922". U.S. Code via Legal Information Institute. Retrieved November 2026.
  3. ^ a b c d e f g h i j k l m n o "18 U.S.C. § 924". U.S. Code via Legal Information Institute. Retrieved November 2026.