Federal Firearms Charges in Dayton, Ohio
Federal gun charges carry serious penalties, and some carry mandatory minimum prison terms that a judge cannot reduce. Attorney Christopher Fogt defends people charged with federal firearms offenses in the U.S. District Court for the Southern District of Ohio in Dayton and Cincinnati, and in the Northern District of Ohio in Toledo.
Attorney Fogt has represented clients in dozens of federal criminal cases, including firearms and drug conspiracy cases. He is admitted to the Southern and Northern Districts of Ohio and the U.S. Court of Appeals for the Sixth Circuit, and he serves on the Criminal Justice Act (CJA) panel. Learn more about his federal criminal defense practice.
When a Gun Case Becomes a Federal Case
Many gun cases start in state court after an arrest by local police. Federal prosecutors can choose to adopt a case and bring charges under federal law instead, often working with the ATF. This can happen when a person has a prior felony record, when drugs are found along with a firearm, or when a case involves machine guns, conversion devices, or firearms trafficking. Federal jurisdiction can also arise when a firearm has crossed state lines, and these cases frequently involve drug allegations as well. Federal practice is different from state practice. The rules, the sentencing system, and the pace of the case all change.
Common Federal Firearms Charges
The federal gun charges Attorney Fogt sees most often are felon in possession, firearms tied to drug cases, and machine gun conversion devices such as Glock switches.
Possession by a Prohibited Person – 18 U.S.C. § 922(g)
Federal law makes it a crime for certain people to possess a firearm or ammunition, including:
- People with a prior conviction punishable by more than one year in prison
- Unlawful users of, or people addicted to, a controlled substance (§ 922(g)(3))
- People convicted of a misdemeanor crime of domestic violence (§ 922(g)(9))
- People subject to certain protection orders, fugitives, and others listed in the statute
Since the 2022 Bipartisan Safer Communities Act, the maximum penalty for a § 922(g) violation is 15 years in prison.
Firearm in Furtherance of Drug Trafficking or a Crime of Violence – 18 U.S.C. § 924(c)
Using, carrying, or possessing a firearm in connection with a drug trafficking crime or crime of violence carries a mandatory minimum of 5 years, which increases to 7 years if the firearm is brandished and 10 years if it is discharged. Longer minimums apply to short-barreled weapons (10 years) and to machine guns or firearms equipped with a silencer (30 years). These sentences must run consecutively to the sentence for the underlying offense.
Machine Guns, Switches, and NFA Weapons – 18 U.S.C. § 922(o) and 26 U.S.C. § 5861
Federal law restricts possession of machine guns, which includes conversion devices such as auto sears and “switches.” The National Firearms Act also makes it a crime to possess unregistered short-barreled rifles, short-barreled shotguns, and silencers. These charges can carry up to 10 years in prison.
Armed Career Criminal Act – 18 U.S.C. § 924(e)
A person charged under § 922(g) who has three prior convictions for a violent felony or serious drug offense, committed on different occasions, faces a mandatory minimum of 15 years. Whether a prior conviction actually qualifies is often a complex legal question. Under Erlinger v. United States (2024), a jury, not the judge, must decide whether the prior offenses were committed on different occasions.
Straw Purchases, False Statements, and Trafficking – 18 U.S.C. §§ 922(a)(6), 932, and 933
Making a false statement when buying a gun from a licensed dealer, such as on ATF Form 4473, is a federal crime. The Bipartisan Safer Communities Act created separate offenses for straw purchasing (§ 932) and firearms trafficking (§ 933), each carrying up to 15 years in prison. A straw purchase can carry up to 25 years when the buyer knew or had reason to believe the firearm would be used in a felony or drug trafficking crime.
Defending a Federal Gun Charge
Every case depends on its facts. Issues that may matter in a federal firearms case include:
- Search and seizure: whether the stop, search, or warrant that led to the gun complied with the Fourth Amendment
- Possession: whether the government can prove possession, particularly constructive possession when a gun is found in a shared car or home
- Knowledge: under Rehaif v. United States, the government must prove the person knew of the status that barred them from having a firearm
- Prohibited status: whether a prior conviction or alleged drug use actually qualifies
- Sentencing: whether guideline enhancements, prior-conviction classifications, and mandatory minimums have been applied correctly
Preparation for Federal Sentencing
Sentencing considerations shape a federal gun case from the beginning. Attorney Fogt has extensive experience with the U.S. Sentencing Guidelines and evaluates how they may apply, including the facts used to calculate the guideline range and arguments about the client's individual circumstances.
Federal cases do not move fast, and discovery is often voluminous, including body camera and surveillance video, phone extractions, lab reports, and ATF records. Attorney Fogt and his staff review that evidence closely. He has completed more than 85 hours of continuing legal education focused on federal criminal law and has served as a co-presenter at a federal criminal law CLE program.
Past results do not guarantee a similar outcome in any future case.
