The Consequences of Using a Firearm in a Federal Drug Crime

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Last Modified: January 15, 2025

The Consequences of Using a Firearm in a Federal Drug Crime

By: Daniel Perlman | January 14, 2025 | Drug Crimes, Gun Crimes
The consequences of using a firearm in a federal drug crime

If you or a loved one are facing federal charges involving a firearm and a drug crime, you’re likely feeling overwhelmed. The stakes are high, the penalties are severe, and navigating the federal criminal justice system is daunting. Next, we will explain the key issues surrounding firearm use in federal drug crimes and why obtaining an experienced federal defense attorney is crucial.

At Perlman Federal Criminal Defense Lawyers, we understand that using a deadly or dangerous weapon can significantly elevate charges. If you have been accused of a violent crime, including a drug trafficking offense, learn more below. Then, contact us to schedule a free case consultation.

The Intersection of Firearms and Federal Drug Laws

Federal law takes drug-related offenses extremely seriously, and the involvement of a firearm can escalate the severity of the charges. Under federal law, drug crimes often fall under the Controlled Substances Act (CSA), which governs the manufacture, distribution, and possession of controlled substances. When a firearm is used or even possessed during the commission of a drug crime, the situation becomes far more complex—and the penalties more severe.

One of the most relevant federal statutes in these cases is 18 U.S.C. §924(c). This law makes it a crime to use, carry, or possess a firearm during and in relation to a drug trafficking crime. This provision is significant because it adds mandatory minimum sentences that run consecutively to the penalties for the underlying drug offense. If you have been accused of a crime of violence tied to drugs, reach out to us as soon as possible.

What Constitutes “Use” or “Possession” of a Firearm?

What constitutes "use" or "possession" of a firearm

Federal courts interpret “use” and “possession” of a firearm broadly, making it easier for prosecutors to prove these elements:

  1. Active Use: Firing, brandishing, or even threatening with a firearm during the commission of a drug crime qualifies as “use.”
  2. Possession: Simply having a firearm on your person or within easy reach, even if it’s not used, can lead to enhanced charges. Courts often consider “constructive possession,” where the firearm isn’t physically on you but is located in a place you control, such as your car or home.

The prosecution doesn’t have to prove you intended to use the firearm. Its mere presence can be enough to trigger harsh penalties under federal law.

The Penalties for Firearm Involvement in Drug Crimes

The penalties for violating 18 U.S.C. §924(c) are severe and often life-altering. Here’s a breakdown of the mandatory minimum sentences for such crime:

  1. Simple Possession: Possessing a firearm during a drug trafficking crime results in a minimum sentence of 5 years.
  2. Brandishing: If the firearm is brandished, the mandatory minimum increases to 7 years.
  3. Discharge: If the firearm is discharged, even accidentally, the minimum sentence jumps to 10 years.

These sentences are mandatory and must run consecutively to the sentence for the underlying drug crime. For example, if you’re sentenced to 10 years in federal prison for drug trafficking and 5 years for firearm possession, you’re facing a total of 15 years. These severe penalties could change your life forever.

If you’re found to have used certain types of firearms, such as a machine gun or a silencer, the mandatory minimum can increase to 30 years or even life in prison. Repeat offenders also face drastically harsher penalties, including potential life imprisonment without parole. If you have prior felony convictions, you need the strongest possible defense. That is where we can help you.

Why Federal Prosecutors Aggressively Pursue These Charges

Federal prosecutors are often relentless when it comes to cases involving firearms and drug crimes. The use of a firearm is seen as an aggravating factor that increases the risk to public safety. By pursuing these charges, prosecutors aim to send a strong message about the consequences of combining firearms with illegal drug activities.

Additionally, the federal government has dedicated task forces—including the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)—that work specifically on cases involving firearms and drugs. This coordination often results in well-prepared cases with substantial evidence, making it all the more important to have a skilled defense attorney handling your include drug trafficking or drug manufacturing case.

Potential Defenses in Federal Firearm and Drug Cases

Potential defense in federal firearm and drug cases

If you’re facing charges under 18 U.S.C. §924(c), you’re not without options. An experienced federal defense attorney can explore several potential defenses based on the specifics of your case:

  1. Challenging Possession: If the firearm was not in your direct control or if there is insufficient evidence linking you to the firearm, your attorney can argue that you did not possess it.
  2. Lack of Nexus: The prosecution must prove that the firearm was used “during and in relation to” the drug crime. If the firearm was unrelated to the drug offense, this connection can be challenged.
  3. Suppression of Evidence: If law enforcement violated your Fourth Amendment rights during the search and seizure process, any evidence obtained—including the firearm—may be inadmissible.
  4. Coercion or Duress: If you were forced to possess or use the firearm under threat of harm, this can be a viable defense.
  5. Mistaken Identity: In cases involving multiple defendants, your attorney may argue that the firearm belonged to someone else.

Each case is unique, and a tailored defense strategy is essential. Early intervention by a defense attorney can make a significant difference in the outcome.

Collateral Consequences of a Conviction

A conviction for using a firearm in a federal drug crime, such as drug importation or exportation, doesn’t just result in prison time. The collateral consequences can follow you for the rest of your life:

  • Loss of Rights: Convicted felons lose the right to vote, serve on a jury, and possess firearms.
  • Employment Challenges: A federal conviction can make it difficult to find stable employment, especially in industries that require background checks.
  • Damage to Reputation: A conviction can strain personal relationships and impact your standing in your community.
  • Immigration Consequences: Non-citizens convicted of federal crimes often face deportation and permanent bans from re-entering the United States.

These charges come with substantial risk, so do not leave anything to chance. Let our federal drug crimes attorney represent you.

Why You Need a Federal Defense Attorney

Why you need a federal defense attorney

Federal charges are complex, and the stakes are too high to navigate them without professional guidance. A qualified federal defense attorney will:

  1. Analyze the Evidence: Your attorney will thoroughly review the prosecution’s case, identifying weaknesses and areas to challenge.
  2. Negotiate Plea Agreements: In some cases, a plea deal can result in reduced charges or lighter sentences.
  3. Develop a Strong Defense: A seasoned attorney will craft a defense strategy tailored to the unique facts of your case.
  4. Represent You in Court: Federal court proceedings are rigorous, and having an experienced advocate on your side can make a significant difference.

Taking Action

If you’re facing federal charges involving a firearm and a drug crime, time is of the essence. Federal prosecutors often move quickly, and early intervention can be critical to your defense. Contacting a knowledgeable federal defense attorney as soon as possible is your best chance at achieving a favorable outcome.

Facing federal charges for using a firearm in a drug crime is a serious and life-altering experience. The penalties are severe, and the legal system can be unforgiving. However, understanding the charges, potential penalties, and available defenses is the first step toward protecting your rights and your future.

Contact Our Federal Drug Crimes Attorney for a Free Consultation

Contact our federal drug crimes attorney for a free consultation

An experienced federal defense attorney can be your strongest ally in this fight, working tirelessly to challenge the charges and advocate on your behalf. At Perlman Defense Federal Criminal Lawyers, we are prepared to provide you with the strongest possible defense. We always put the needs of our clients ahead of our own. If you or a loved one are in this situation, don’t hesitate to reach out for professional legal assistance. The right representation can mean the difference between a lengthy prison sentence and a second chance at life. Contact us today to schedule a free consultation.

Perlman Defense Federal Criminal Lawyers - Los Angeles, CA Office
Daniel Perlman
CRIMINAL DEFENSE ATTORNEY

Daniel R. Perlman, the founding attorney at Perlman Defense Federal Criminal Lawyers, leverages his extensive background as a former prosecutor to provide superior defense strategies for clients across federal courtrooms. Earning his Juris Doctor from the Catholic University of America's Columbus School of Law, he first honed his legal skills with the Maryland State’s Attorney’s Office. 

This diverse experience enables him to advocate effectively, understanding prosecution tactics intimately, which he expertly counters in defense of his clients. With a profound commitment to justice, Daniel leads his team in tackling complex federal cases, from white-collar crimes to violent offenses, ensuring the highest level of defense through every phase of the criminal process.

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