[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"site-shell":3,"site-search-modal-empty-8":171,"page:federal-crimes/federal-firearms":173,"public-chat-settings":291},{"source":4,"siteName":5,"tagline":6,"contactEmail":7,"contactPhone":8,"contactPhoneTollFree":9,"address":10,"mapsQuery":17,"ratingValue":18,"ratingSource":19,"primaryCta":20,"secondaryCta":23,"chatCta":26,"announcement":30,"google":32,"navigationPrimary":34,"navigationLegal":149},"defaults","Stephen D Aarons","Santa Fe Criminal Defense Lawyer","info@aarons.law","(505) 984-1100","(888) 984-1120",{"street":11,"city":12,"state":13,"stateFullName":14,"zip":15,"full":16},"2019 Galisteo St. Ste H1","Santa Fe","NM","New Mexico","87505","2019 Galisteo Street, Suite H1, Santa Fe, NM 87505-2106","https://www.google.com/maps/place/Stephen+D+Aarons,+Attorney+at+Law/@35.6564853,-105.9549988,17z/data=!3m1!4b1!4m6!3m5!1s0x87220cb8d5a8c3c9:0x331b6810ecf42476!8m2!3d35.6564853!4d-105.9524239!16s%2Fg%2F1tn067lx?entry=ttu&g_ep=EgoyMDI2MDMyMy4xIKXMDSoASAFQAw%3D%3D",0,"",{"label":21,"url":22},"Call Now","tel:+15059841100",{"label":24,"url":25},"Contact","/contact",{"label":27,"url":28,"statusLabel":29},"Start Chat","#start-chat","24/7",{"enabled":31,"text":19,"ctaLabel":19,"ctaUrl":19,"startAt":19,"endAt":19},false,{"analyticsMeasurementId":33,"tagManagerId":19,"searchConsoleVerification":19,"tagManagerAuth":19,"tagManagerPreview":19},"G-XPE216QNM4",[35,127,133,139,145],{"id":36,"group":37,"label":38,"path":39,"externalUrl":19,"openInNewTab":31,"displayOrder":40,"children":41,"groups":42},"primary-1","primary","Cases","/cases",1,[],[43,58,70,82,97,112],{"label":44,"items":45},"DWI & DUI",[46,49,52,55],{"label":47,"path":48},"DWI / DUI 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Use","/terms",[],{"id":162,"group":152,"label":163,"path":164,"externalUrl":19,"openInNewTab":31,"displayOrder":137,"children":165},"legal-3","Disclaimer","/disclaimer",[],{"id":167,"group":152,"label":168,"path":169,"externalUrl":19,"openInNewTab":31,"displayOrder":143,"children":170},"legal-4","Accessibility","/accessibility",[],{"query":19,"total":18,"results":172},[],{"source":4,"slug":174,"title":175,"status":176,"seoTitle":177,"seoDescription":178,"ogImage":19,"sections":179},"federal-crimes/federal-firearms","Federal Firearm Offenses | Stephen D Aarons","published","Federal Firearm Offense Defense | Stephen D Aarons","Federal firearm offense defense in New Mexico. § 924(c), prohibited person cases, and mandatory consecutive sentences.",[180,188,195,205,224,235,244,261,281],{"id":181,"type":181,"displayOrder":40,"payload":182},"hero",{"eyebrow":183,"title":184,"description":185,"primaryCtaLabel":21,"primaryCtaUrl":22,"secondaryCtaLabel":186,"secondaryCtaUrl":130,"imageUrl":19,"variant":187},"Criminal Defense","Federal Firearm Offenses","Federal firearm charges are among the most mechanically severe in the federal system. A § 924(c) conviction carries a mandatory minimum sentence that must run consecutive to any other sentence — meaning a guilty verdict on the firearm count adds years before the underlying offense is even sentenced. Prohibited-person cases create additional complexity, particularly when prior state convictions trigger federal liability.","What Happens Next","compact",{"id":189,"type":190,"displayOrder":131,"payload":191},"disclaimer","rich_text",{"eyebrow":19,"title":192,"paragraphs":193,"variant":189},"Important",[194],"This is general information, not legal advice. If an arrest happened recently or you believe you are under investigation, do not explain anything to law enforcement before speaking with counsel.",{"id":196,"type":190,"displayOrder":137,"payload":197},"overview",{"eyebrow":198,"title":199,"paragraphs":200},"Overview","Federal firearm charges often carry mandatory minimums that run on top of — not in place of — other sentences.",[201,202,203,204],"Federal firearm offenses arise under several statutes, each with its own elements and sentencing consequences. The most common involve possessing or using a firearm during a drug trafficking offense or crime of violence (18 U.S.C. § 924(c)), being a prohibited person in possession of a firearm (§ 922(g)), and various trafficking and straw-purchase offenses.","The defining feature of § 924(c) is its mandatory consecutive sentencing structure. A conviction on a § 924(c) count adds a minimum of 5 years — or more, depending on the alleged use — on top of whatever the defendant receives for the underlying offense. Second or subsequent § 924(c) counts add 25 years each.","Prohibited-person cases under § 922(g) arise when someone with a prior felony conviction, domestic violence conviction, or other disqualifying status possesses a firearm. Federal prosecution under § 922(g) is increasingly common even when the conduct would otherwise be handled in state court.","Federal firearm investigations frequently arise in the context of drug cases, where a weapon is present during an arrest or search. The government will typically charge both the drug offense and the firearm count, using the § 924(c) count as leverage in plea negotiations.",{"id":206,"type":207,"displayOrder":143,"payload":208},"key-points","feature_grid",{"eyebrow":19,"title":209,"description":19,"numbered":210,"items":211},"Key points",true,[212,215,218,221],{"label":213,"title":214,"description":19},"Consecutive","§ 924(c) sentences run consecutive — they add to, not replace, other sentences",{"label":216,"title":217,"description":19},"No stack relief","Second and subsequent § 924(c) counts carry 25-year mandatory minimums",{"label":219,"title":220,"description":19},"Prohibited person","§ 922(g) applies to anyone with a prior disqualifying conviction",{"label":222,"title":223,"description":19},"Search issues","How the firearm was found is often the central suppression question",{"id":225,"type":190,"displayOrder":147,"payload":226},"penalties",{"eyebrow":227,"title":228,"paragraphs":229,"variant":234},"Penalties & Exposure","Sentencing exposure under federal firearm statutes",[230,231,232,233],"For § 924(c) possession or brandishing: mandatory 5 years consecutive. For discharge: 10 years consecutive. For use during a crime of violence involving a short-barreled rifle, machine gun, or destructive device: 30 years consecutive.","For § 922(g) prohibited-person possession: up to 10 years in federal prison, or up to 15 years under the Armed Career Criminal Act (ACCA) for defendants with three prior qualifying convictions.","Under ACCA, defendants with three prior convictions for serious drug offenses or violent felonies face a mandatory 15-year minimum — substantially higher than the standard § 922(g) maximum.","Federal firearm convictions permanently prohibit future firearm possession and can affect supervised release conditions for years after incarceration ends.","alt",{"id":236,"type":190,"displayOrder":237,"payload":238},"defenses",6,{"eyebrow":239,"title":240,"paragraphs":241},"How These Cases Are Defended","Defense strategies in federal firearm cases",[242,243],"Challenging whether the firearm was in the defendant's possession or control; suppression of evidence obtained from an unlawful stop, search, or seizure; disputing whether the prior conviction qualifies as a predicate offense; arguing that use during the alleged offense has not been proven.","In § 924(c) cases, the critical question is whether the government can prove the firearm was used \"in furtherance of\" the underlying offense — not merely present. This element is frequently litigated. In ACCA cases, challenging whether prior convictions qualify as predicate offenses can eliminate the mandatory minimum entirely.",{"id":245,"type":245,"displayOrder":246,"payload":247},"faq",7,{"eyebrow":248,"title":249,"description":250,"items":251},"Common Questions","Frequently asked","Quick answers to the questions we hear most often. Every case is different — call for a private consultation.",[252,255,258],{"question":253,"answer":254},"Can a § 924(c) charge be dismissed if the underlying charge is dismissed?","Not automatically. The § 924(c) count can survive even if the underlying predicate offense is acquitted or dismissed in some circumstances. The relationship between the two charges requires careful legal analysis.",{"question":256,"answer":257},"What counts as \"use in furtherance of\" a drug trafficking offense?","Courts look at factors like proximity to drugs, whether the firearm was loaded, accessibility, and whether it was referenced during the alleged transaction. Mere presence of a firearm during a drug offense is not always sufficient — the government must show the weapon furthered the drug activity.",{"question":259,"answer":260},"Does a state firearms conviction trigger federal prosecution under § 922(g)?","Not automatically. Federal prosecution under § 922(g) is a separate charging decision. However, a prior felony conviction — including a state drug or violent offense — can disqualify someone from possessing firearms and subject them to federal prosecution if a firearm is later found.",{"id":262,"type":263,"displayOrder":264,"payload":265},"related","promo_cards",8,{"eyebrow":266,"title":19,"cards":267},"Related Practice Areas",[268,272,275,277,279],{"title":269,"body":270,"ctaLabel":271,"ctaUrl":48},"DUI","Drug or combination impairment charges. Dual court and MVD proceedings. Outcomes often hinge on testing procedure.","Learn more",{"title":273,"body":274,"ctaLabel":271,"ctaUrl":48},"DWI","Alcohol impairment with prior convictions. Mandatory minimums escalate with each offense. Early action matters.",{"title":74,"body":276,"ctaLabel":271,"ctaUrl":75},"Possession, distribution, and trafficking. Penalties range widely. Search-and-seizure issues frequently central.",{"title":62,"body":278,"ctaLabel":271,"ctaUrl":63},"State-controlled prosecution. Immediate no-contact orders, firearm restrictions, and custody implications.",{"title":104,"body":280,"ctaLabel":271,"ctaUrl":105},"Technical or substantive violations. Can result in revocation and exposure to original sentence.",{"id":282,"type":283,"displayOrder":284,"payload":285},"cta","cta_band",9,{"eyebrow":286,"title":287,"description":288,"primaryCtaLabel":289,"primaryCtaUrl":22,"secondaryCtaLabel":290,"secondaryCtaUrl":39},"Talk to counsel before the state defines your case for you.","Early decisions often control everything that follows.","If you are under investigation or facing charges, a short, private consult can clarify exposure, options, and next steps. Free consultation. 24-hour answering service. Payment plans available in many cases.","Call 505-984-1100 Now","Browse All Cases",{"enabled":31,"followUpEnabled":210,"title":292,"assistantName":292,"eyebrow":27,"description":293,"welcomeHeadline":294,"welcomeBody":295,"inputPlaceholder":296,"statusLabel":297,"suggestedPrompts":298,"form":302,"review":313},"Aarons Law Chat","Calm first-step guidance for urgent criminal defense questions.","Tell me what is happening.","Keep it general at first. If the situation is urgent, recent, or someone is in custody, call (505) 984-1100.","Tell us what happened in broad terms. Avoid confidential details for now.","Available 24/7",[299,300,301],"Someone was arrested last night. What should we do first?","Can you explain what happens after a DWI arrest in New Mexico?","I need the office to review this chat and follow up directly.",{"enabled":210,"triggers":303,"headline":309,"description":310,"submitLabel":311,"successMessage":312},[304,305,306,307,308],"contact me","call me","follow up","consultation","talk to a lawyer","Request office follow-up","Share a few details and the office can review the chat and follow up directly.","Send Follow-Up Request","Your follow-up request has been sent to the office.",{"enabled":210,"triggers":314,"threshold":143,"geoPreference":210,"clickTracking":210,"askHeadline":323,"askDescription":324,"positiveHeadline":325,"positiveDescription":326,"negativeHeadline":327,"negativeDescription":328,"reviewSites":329},[315,316,317,318,319,320,321,322],"leave a review","write a review","review","feedback","testimonial","google review","yelp","avvo","How would you rate your experience?","Choose a rating so we can route you to the right next step.","Thank you for the kind words!","Would you mind sharing your experience on one of the review platforms below?","We are sorry to hear that.","Tell us what happened and the office can review it directly.",[]]