Address: 2900 Bristol St., Suite C204 Costa Mesa, CA 92626
Available To Serve You Nationwide On All Federal Cases
This page was written, edited, reviewed & approved by Karren Kenney following our comprehensive editorial guidelines Karren Kenney, the Founding Partner, has 30+ years of legal experience as a criminal defense attorney.
When facing federal gun crimes, you need a California federal gun crimes lawyer who understands both federal gun laws and the complex interplay with California gun laws. Kenney Legal Defense brings over 30 years of criminal defense experience to protect clients from federal gun charges that can result in decades of federal prison time. Attorney Karren Kenney, a former Senior Deputy Public Defender with unparalleled jury trial experience, understands how federal prosecutors build firearm cases and how to effectively defend against them. Our law office provides aggressive representation for California gun owners facing severe consequences from federal firearms offenses that threaten their freedom, firearm rights, and future.
Federal gun charges carry mandatory minimum sentences that eliminate judicial discretion, forcing judges to impose harsh criminal penalties regardless of individual circumstances or self-defense claims. The federal government prosecutes gun crimes aggressively, using vast resources to secure convictions that generate positive statistics while destroying lives over technical violations. Our criminal defense attorney recognizes that many federal firearm violations involve honest mistakes, unclear regulations, or constitutional Second Amendment issues rather than criminal intent.
Federal law creates numerous ways to face weapons offenses, from illegal possession by prohibited persons to violations involving assault weapons and short-barreled rifles. Federal court proceedings move quickly, with critical decisions about detention and plea negotiations happening within days of arrest. Our legal counsel understands the urgency these cases require, immediately challenging the government's evidence while building defenses that protect your rights and freedom from overzealous prosecution.
Federal gun cases encompass violations ranging from possessing firearms as a convicted felon to operating an unlicensed firearms business, each carrying unique elements and defenses. Our defense lawyer has successfully defended clients against all types of federal charges involving firearms, from simple unlawful possession to complex trafficking conspiracies. We understand how federal and California law intersect, using knowledge of both systems to develop comprehensive defense strategies that challenge every aspect of the prosecution's case.
Illegal possession charges under 18 U.S.C. § 922(g) prohibit various categories of persons from possessing any firearm or ammunition. Prohibited persons include those with felony convictions, certain misdemeanor domestic violence convictions, unlawful drug users, and individuals subject to restraining orders. The government must prove you knowingly possessed the firearm and knew of your prohibited status, elements we challenge through lack of knowledge defenses. Our strategies include demonstrating restoration of rights, challenging the validity of underlying convictions, and arguing constructive possession defenses when guns belonged to others.
Federal gun trafficking involves illegally selling, transporting, or transferring firearms across state lines or to prohibited persons, carrying lengthy potential sentences. These cases often involve undercover operations, controlled purchases, and extensive surveillance of suspected trafficking networks. Southern California's proximity to Mexico makes trafficking charges particularly common, with enhanced penalties for firearms destined for drug cartels. We examine whether you knew buyers were prohibited persons, challenge evidence of interstate commerce, and expose entrapment when undercover agents induced sales.
Straw purchase prosecutions target individuals who buy firearms for others who cannot legally purchase them, violating federal laws against lying on ATF Form 4473. Each false statement on federal forms constitutes a separate felony punishable by up to 10 years imprisonment under 18 U.S.C. § 924(a). Prosecutors must prove you knew the actual buyer was prohibited or that you intended to deceive dealers about the true purchaser. Our fraud defense experience helps us challenge the government's evidence of intent and demonstrate legitimate gift exceptions.
Federal law strictly prohibits possessing machine guns manufactured after 1986, with mandatory minimum sentences starting at decades in prison for using automatic weapons in crimes. Charges involving modified weapons, including devices that convert semi-automatic firearms to fully automatic, carry severe federal penalties. The technical definition of machine guns includes any weapon firing multiple rounds with a single trigger pull, encompassing various modification devices. We challenge whether items meet legal definitions, dispute knowing possession of modifications, and examine whether weapons were properly registered before regulatory changes.
Operating without required federal firearms licenses or violating license conditions triggers criminal prosecution with penalties including imprisonment and permanent prohibition from the gun industry. The ATF aggressively investigates licensed dealers for recordkeeping violations, illegal sales, and failure to conduct background checks. These cases often involve complex regulatory requirements that legitimate businesses struggle to navigate perfectly. Our defense strategies demonstrate good faith compliance efforts, challenge the willfulness required for criminal conviction, and negotiate civil resolutions when appropriate.
Using or carrying firearms during drug trafficking crimes triggers mandatory consecutive sentences under 18 U.S.C. § 924(c), adding 5 to 30 years depending on the weapon type. These charges apply even when guns are merely present during drug transactions, not actively used or displayed. The devastating mandatory minimums make challenging these charges crucial, as convictions require serving gun sentences after completing drug sentences. We dispute whether firearms were used "in furtherance" of drug crimes versus mere presence, and challenge the underlying drug charges that support weapons enhancements.
Federal law criminalizes transporting firearms across state lines with the intent to commit crimes or when knowing the recipient is prohibited. California residents face particular challenges given the different laws in neighboring states and strict local ordinances in various jurisdictions. The government must prove the knowledge and intent elements that we challenge by demonstrating lawful purposes for transportation. Our strategies include showing compliance with the Firearm Owners Protection Act's safe passage provisions and challenging evidence of criminal intent.
Beyond typical felon-in-possession charges, federal law prohibits numerous categories of persons from possessing firearms, including unlawful immigrants, dishonorably discharged veterans, and those adjudicated mentally defective. Each category has specific requirements and potential defenses based on constitutional challenges or factual disputes about qualifying events. The lifetime prohibition creates collateral consequences that affect employment, housing, and other rights, extending beyond criminal penalties. We examine whether prohibitions were properly imposed, explore options for restoring rights, and challenge the constitutionality of certain prohibitions in light of recent Supreme Court decisions.
Federal gun charges face dismissal when constitutional violations, insufficient evidence, or procedural errors undermine the prosecution's case. Our federal crimes defense team files aggressive motions challenging every aspect of the government's investigation and prosecution.
The California Department of Justice and federal authorities sometimes pursue overlapping investigations, creating double jeopardy and jurisdictional issues we exploit for dismissals. When agencies violate protocols, destroy evidence, or engage in misconduct, federal judges will dismiss charges to preserve judicial integrity. We also pursue dismissals based on recent Second Amendment jurisprudence that invalidates certain federal restrictions previously considered constitutional.
Negotiation becomes strategic when evidence is strong, but mitigating factors support reduced charges or alternative resolutions that avoid mandatory minimums. Federal prosecutors sometimes agree to drop gun charges in exchange for pleas to other offenses, recognizing that mandatory sentences can be disproportionate. Our extensive experience helps evaluate whether plea deals truly benefit clients or whether trial offers better prospects.
Some gun charges stem from technical violations or regulatory misunderstandings that don't warrant severe federal penalties. When clients have no criminal record and violations were inadvertent, we negotiate for pretrial diversion or deferred prosecution agreements. These alternatives allow charges to be dismissed after compliance periods, preserving firearm rights and avoiding felony convictions.
What makes a gun crime federal instead of state?
Federal jurisdiction applies when firearms cross state lines, connect to other federal crimes, involve school zones, or affect interstate commerce. The ATF's federal firearms regulations explain various federal triggers.
Can I own guns after a federal conviction?
Federal convictions typically trigger lifetime firearm prohibitions, though some rights restoration mechanisms exist for certain non-violent offenses. The process is complex and requires specialized legal assistance.
What are short-barreled shotguns and rifles?
Short-barreled rifles have barrels under 16 inches, while short-barreled shotguns have barrels under 18 inches, both requiring special registration under the National Firearms Act. Possession without proper registration constitutes a federal crime.
Is self-defense a valid defense to federal gun charges?
Self-defense may explain possession, but doesn't excuse prohibited persons from firearm restrictions or other federal violations. However, necessity defenses sometimes apply when deadly force was immediately necessary.
What's the difference between federal and state assault weapon laws?
California bans certain assault weapons under state law, while federal restrictions expired in 2004, though other federal laws may apply. The California DOJ provides guidance on state restrictions.
Federal gun charges threaten your freedom with mandatory sentences that can lock you away for decades, making immediate legal counsel essential to protect your rights. Kenney Legal Defense combines three decades of criminal defense experience with deep knowledge of federal firearms law and constitutional protections. Our extensive trial experience and in-depth understanding of both federal and local laws provide the skilled representation necessary to effectively defend against these serious charges. Contact us today at 714-418-4261 for a free consultation to discuss your gun charge and let our dedicated team develop a defense strategy that protects your freedom, firearm rights, and future from the devastating consequences of a federal conviction.
