This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founder, Daniel Perlman who has years of legal experience as a Federal Crimes attorney. Our last modified date shows when this page was last updated & reviewed.
By: Daniel Perlman
Facing a federal weapons charge in Colorado is a serious legal matter. Federal firearm laws carry tougher penalties than most state charges. These cases often involve detailed investigations by agencies like the Federal Bureau of Investigation (FBI), Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). A conviction can lead to years in federal prison, heavy fines, and permanent restrictions on your rights.
Perlman Defense Federal Criminal Lawyers helps people charged with serious federal gun crimes across Colorado. Our firm understands the complex rules under federal law and how they interact with Colorado gun laws.
We work to build strong defenses for clients accused of firearm possession, illegal weapons sales, or having a deadly weapon while under a protection order or with felony convictions. If you are facing federal firearm charges, you need a legal team that knows how to fight back fast.
A weapons offense becomes a federal crime when it involves interstate commerce, violates federal firearm regulations, or is prosecuted by agencies like the ATF or Homeland Security Investigations. In many cases, a person is charged under federal law when the weapon crosses state lines, is used in connection with a federal drug crime, or involves prohibited persons such as individuals with felony convictions or active restraining orders.
Federal charges can also apply when a weapon is classified as a prohibited weapon, such as machine guns, firearm silencers, or semi-automatic assault weapons, or when someone violates restrictions tied to a federal firearms license or makes false statements during a background check.
Federal prosecutors in Colorado regularly pursue gun charges involving prohibited weapons, illegal sales, and firearm use in connection with drug or violent offenses.
Here are some of the most commonly charged federal gun crimes:
18 U.S.C. § 922(g) makes it a federal offense for anyone with felony convictions to possess a firearm. This includes guns kept in the home, in a vehicle, or even briefly held.
Under this law, firearm possession is a crime regardless of whether the gun was used or loaded. A conviction can lead to long prison terms and a permanent ban on firearm ownership.
18 U.S.C. § 924(c) targets people who use or carry a firearm while committing a drug trafficking offense or violent crime. This charge can apply even if the gun was not fired.
Federal prosecutors often add this charge to increase the total sentence, as it carries mandatory minimum sentences that must run consecutively with other penalties.
The National Firearms Act (NFA) requires that certain weapons be registered with the federal government, including short-barreled rifles, machine guns, and firearm silencers.
Possession of these without proper registration is a federal offense. Even legally owned weapons can result in charges if they lack a serial number or are not properly registered under the NFA.
Selling firearms without a federal firearms license is a federal crime. This includes any person who sells guns as a business without following federal alcohol, tobacco, and firearms regulations. Trafficking charges can also apply to those who transfer weapons to prohibited persons or across state lines in violation of Colorado law and federal law.
These cases are aggressively investigated by the ATF and often involve undercover operations and surveillance activities.
Falsifying a background check form, such as Form 4473, is another common federal gun charge. A straw purchase occurs when one person buys a firearm on behalf of another who is legally barred from owning one.
Making false statements on this form (such as concealing a criminal history or falsely claiming concealed carry status) is a serious offense under federal firearm restrictions.
| Charge | Prison Time | Fines | Other Penalties |
|---|---|---|---|
| Felon in possession | Up to 10 years | Up to $250,000 | Possible supervised release |
| Firearm during a drug/violent crime | Minimum 5–10 years (stackable) | Up to $250,000 | Consecutive sentences |
| NFA violations | Up to 10 years | Up to $250,000 | Firearm forfeiture |
| Straw purchase | Up to 10 years | Up to $250,000 | Additional federal charges |
When facing federal firearm charges, many defendants are surprised to learn that some of the penalties are not negotiable. Certain federal weapons crimes come with mandatory minimum sentences, which means the judge must impose a minimum amount of prison time, even if there are mitigating circumstances.
For example, under 18 U.S.C. § 924(c), simply possessing a firearm while committing a drug crime or violent offense can result in an automatic five-year sentence, even for a first offense. That sentence must run consecutively to any other prison term.
In addition to mandatory minimums, the government often applies federal sentencing enhancements, which increase punishment if aggravating factors are present. These may include prior felony convictions, use of a firearm with a defaced serial number, or possession of illegal weapons like machine guns or firearm silencers.
Having a firearm near a school zone or while under a protection order can also lead to stiffer penalties. These enhancements are often what make federal gun crimes much more serious than similar charges under Colorado law.
Federal prosecutors do not take firearm cases lightly. These charges are often backed by months of investigation and cooperation between agencies like the FBI, ATF, and Homeland Security Investigations. The government will use every tool at its disposal to prove that a defendant knowingly violated federal law. This may include surveillance footage, police reports, witness statements, and digital data showing online purchases or illegal transfers.
Prosecutors will also rely on background check records, firearms training logs, and forensic analysis of the weapon to prove possession of a firearm or involvement in weapons-related criminal charges. They may also use social media posts, text messages, or recorded calls to show intent or knowledge of illegal conduct. In cases involving straw purchases, they often compare ATF form statements to actual ownership records.
Because federal prosecutors are experienced in building complex cases, anyone facing a federal firearm conviction needs an equally strong defense team. That is why working with firearms defense attorneys who know both federal firearm restrictions and Colorado state firearm restrictions is essential.
1. What Makes a Weapons Crime a Federal Charge Rather Than a State Case?
A weapons offense becomes a federal crime when it violates federal law, involves interstate commerce, or is tied to other federal offenses like drug trafficking. Charges such as felon in possession of a firearm or possession of a firearm during a drug crime fall under U.S. Code sections 922(g) and 924(c), and are investigated by agencies like the ATF and FBI.
2. What Are the Penalties for Illegal Firearm Possession Under Federal Law?
Federal charges for illegal possession of a firearm, such as possession by a felon or in connection with a drug crime, often carry mandatory minimum sentences starting at five years. Other crimes, like trafficking or using a defaced firearm, may result in up to ten years or more. Penalties increase if dangerous weapons, machine guns, or firearm silencers are involved.
3. Can I Be Charged Even if I Didn’t Use the Firearm?
Yes. Under federal law, merely possessing a weapon in furtherance of a drug trafficking or violent crime is enough to face charges. The government does not need to prove you fired the weapon, only that it was possessed during the commission of a separate criminal offense.
4. What if I Legally Purchased the Firearm but Lied on The ATF Form?
Falsifying information on Form 4473, which is used during a federal background check, is a federal offense. This includes straw purchases, where someone buys a firearm on behalf of another person. Even if the gun is not used in a crime, making a false statement on a federal form can lead to years in federal prison.
5. Can a Federal Weapons Conviction Be Expunged or Sealed?
In most cases, federal firearms convictions cannot be expunged or sealed. These convictions stay on your criminal record and may permanently affect your firearm ownership rights, job opportunities, and even your ability to live in certain housing. That’s why it’s important to work with criminal defense lawyers who understand Colorado gun laws, federal sentencing guidelines, and the legal process from start to finish.
If you’re facing federal weapons charges in Colorado, you cannot afford to wait. The consequences of a federal conviction can change your life: prison time, a felony record, and a permanent loss of your right to own a firearm.
Perlman Defense Federal Criminal Lawyers takes these charges seriously. We understand firearms laws, how federal agents build their cases, and how to fight back with strong legal strategies.
Our legal team has extensive experience defending clients in federal firearm cases, including charges under the National Firearms Act, 18 U.S.C. § 922(g), and § 924(c). Whether you are being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives or have already been charged, we are ready to help.
We offer a free consultation to review your case and discuss your options. Contact us today to speak directly with an attorney who knows how to defend your rights.
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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