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If you’re facing gun trafficking charges, drug-related weapons charges, or any other federal firearm-related offense charges, call Lowther | Walker for exceptional defense and proven experience in landmark gun crime cases.
Our defense attorneys represent clients accused in weapons cases across the United States and can respond urgently with strategic analysis.
No-obligation. Fully confidential.
Call Us Today: (404) 496-4052
Drug investigation terminated; $3 million seized recovered; probation for tax charges. DEA and IRS-CI searched our medical-doctor client’s pain clinic and residence for evidence of his overprescribing controlled substances to his patients and evading business […]
The Government indicted our client on one count of International Parental Kidnapping and four counts of Extortion. Our client retained us after already having served almost the maximum term of imprisonment of three years on […]
The FBI investigated, and the Government indicted our client, the CEO of a telecommunications company, for financial fraud for forging documents, resulting in a $1.3 billion loss to investors. Although our client admitted the conduct […]
The FBI investigated and the Government indicted our client for Aiding and Abetting another person’s traveling in interstate commerce with the intent to engage in illicit sexual conduct with a minor. After completing our investigation […]
The FBI and a local police department investigated our client for defrauding an individual of over $500,000. We convinced the local police department to terminate its investigation and the FBI not to refer the matter […]
Drug investigation terminated; $3 million seized recovered; probation for tax charges. DEA and IRS-CI searched our medical-doctor client’s pain clinic and residence for evidence of his overprescribing controlled substances to his patients and evading business […]
The Government indicted our client on one count of International Parental Kidnapping and four counts of Extortion. Our client retained us after already having served almost the maximum term of imprisonment of three years on […]
The FBI investigated, and the Government indicted our client, the CEO of a telecommunications company, for financial fraud for forging documents, resulting in a $1.3 billion loss to investors. Although our client admitted the conduct […]
The FBI investigated and the Government indicted our client for Aiding and Abetting another person’s traveling in interstate commerce with the intent to engage in illicit sexual conduct with a minor. After completing our investigation […]
The FBI and a local police department investigated our client for defrauding an individual of over $500,000. We convinced the local police department to terminate its investigation and the FBI not to refer the matter […]
Gun trafficking is the diversion of firearms, weapons, parts, or ammunition from the legal marketplace into illegal channels. This frequently involves dangerous inventory such as machine guns, semi-automatic assault weapons, silencers, and high volumes of ammunition.
Under federal law is that gun trafficking is not a specific, standalone federal crime. Instead,
prosecutors rely on a patchwork of existing laws to penalize the behavior surrounding the trafficking. Because of this, weapons trafficking is almost always charged in conjunction with other serious offenses, such as drug possession or narcotics trafficking.
When federal weapons offenses are stacked alongside drug crimes, the penalties run consecutively. A conviction can add up to 25 years per individual firearms charge, and when combined with major drug offenses, this often equates to a life sentence in federal prison.
Weapons typically enter the illicit market through three primary methods:
An individual who is legally permitted to buy a firearm purchases one on behalf of someone who is prohibited from owning it. This is typically charged as making a false statement during a gun sale.
While licensed dealers must perform background checks, private sellers in many states do not. Traffickers exploit this loophole to acquire weapons without detection and funnel them to prohibited individuals, such as felons.
Hundreds of thousands of firearms are stolen annually from licensed dealers and private owners, immediately entering the underground market for use in violent crimes.
When federal prosecutors target you with severe gun trafficking or weapons charges, the legal counsel you choose will dictate your future. You need a defense team that understands the complexities of federal firearms laws and the aggressive tactics of agencies like the ATF and FBI.
Here is why you should trust Lowther | Walker to fight for your freedom:
Dedicated Weapons Experience
We bring 30 years of specialized experience defending clients against federal weapons and munitions charges across all 50 states.
Proven Results in Weapons Defense
We have a track record of securing favorable outcomes in high-stakes litigation, including 1000+ weapons cases defended, including straw purchasing, ITAR violations, and drug-related firearms enhancements.
We do not dabble in state court; our practice focuses exclusively on federal crimes. We know exactly how to dissect prosecution evidence and challenge illegal searches in federal weapons investigations
In any federal weapons case, the prosecution carries the heavy burden of proving beyond a reasonable doubt that the defendant possessed, used, or carried the firearm in relation to or in furtherance of an associated crime. Effective defense strategies target this burden:
The most straightforward defense is demonstrating that the accused did not possess, use, or carry the firearm in connection with the alleged crime. If the prosecution cannot prove this nexus, the weapons charge must be dismissed.
Because gun trafficking is usually charged alongside a primary crime (like drug trafficking or a violent offense), defeating the primary charge is vital. If a jury does not convict on the underlying drug or violent crime, the related gun trafficking charge cannot move forward.
Defense attorneys meticulously review how evidence was obtained. If law enforcement violated your Constitutional rights, such as conducting an illegal search and seizure, the defense can file a motion to suppress. If the judge throws out the firearm as evidence, the prosecution often lacks the necessary proof to continue the case.
Investigations into weapons trafficking rely heavily on tracing serial numbers and analyzing the “time to crime”—the window between when a gun was first purchased and when it was used in an offense. Federal agents view a timeframe of fewer than three years as a strong indicator that the weapon was purchased with the intent to traffic it.
Federal firearms investigations are heavily resourced and primarily spearheaded by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). They frequently operate in joint task forces alongside the FBI, the DEA, and local police departments to track weapons across state lines.
Federal cases are built quietly before an arrest is ever made. You may realize you are being scrutinized if you experience any of the following:
1. Retain Federal Legal Counsel Immediately: Do not wait for formal charges.
Engage a defense attorney who specifically practices federal criminal law. Federal prosecutors build airtight cases before indicting; early intervention by an attorney can sometimes prevent charges entirely or control the narrative before an arrest.
2. Exercise Your Right to Remain Silent: Applies to all law enforcement agencies.
Decline any requests to speak with the ATF, FBI, or local police. State clearly that you will not answer questions without your attorney present. Attempting to “clear things up” on your own will only provide agents with evidence to use against you.
3. Preserve All Records and Evidence: Do not delete messages or documents.
Do not attempt to destroy text messages, emails, financial records, or physical items related to firearms purchases. Destroying evidence will immediately result in separate, highly penalized federal charges for obstruction of justice.
4. Contact a federal criminal defense attorney
At the first sign of an investigation into a weapons crime, contact the Lowther | Walker federal criminal defense attorneys for urgent analysis of your case. Our team is available 24/7 to respond to urgent legal matters.
If you’re facing federal charges and prosecutors are closing in, call Lowther | Walker to fight back. Our defense lawyers are available 24/7 to respond to your urgent case questions.
No-obligation. Fully confidential.
Call Us Today: (404) 496-4052
Yes. Federal prosecutors routinely prosecute constructive possession, which does not require physical contact with the firearm. The government only needs to establish that you had knowledge of the weapon and the power or intention to exercise dominion and control over it or the premises where it was located (such as a shared vehicle, a nightstand, or a storage unit). An effective defense challenges the government’s proof of knowing control, especially in shared living spaces or borrowed vehicles.
Under 18 U.S.C. § 924(c), using, carrying, or possessing a firearm in furtherance of a drug trafficking crime or crime of violence triggers mandatory minimum prison sentences that cannot be served concurrently with any underlying sentence. The minimum starts at 5 years for simple possession, increases to 7 years if the weapon is brandished, and jumps to 10 years if the firearm is discharged. A separate defense strategy must attack the “in furtherance” element to prove the weapon played no active role or facilitative purpose in the alleged underlying offense.
Under the federal straw purchasing statute (18 U.S.C. § 932, enacted under the Bipartisan Safer Communities Act), buying a firearm on behalf of someone else carries penalties of up to 15 years in federal prison—rising to 25 years if the weapon is transferred with knowledge that it will be used in a felony or terrorism offense. Defenses often hinge on challenging the buyer’s knowledge and intent at the point of sale, establishing whether a bona fide gift was made, or exposing procedural defects in how investigators acquired dealer sales records.
Title 18 U.S.C. § 933 makes it an independent federal felony to ship, transport, transfer, or receive firearms across state lines or international borders knowing that the transfer will result in someone possessing the firearm illegally. Unlike older statutes that required charging an underlying drug offense, federal prosecutors now use § 933 directly against unlicensed brokers, bulk sellers, and interstate transport networks. A viable defense often targets whether the defendant had actual knowledge of the recipient’s prohibited status or whether interstate nexus requirements were genuinely satisfied.
Federal law under 18 U.S.C. § 924(a)(1)(A) requires the government to prove you made a “knowing” false statement intended to deceive a federal firearms licensee (FFL). Clerical errors, honest misunderstandings about past record expungements, or confusion regarding whether a prior state offense constituted a disqualifying felony can be used to disprove specific fraudulent intent. However, federal agents vigorously audit ATF Form 4473 records, meaning immediate intervention is needed to establish lack of willful deception before a grand jury indictment issues.
Under 26 U.S.C. § 5861, possessing an unregistered firearm or conversion component regulated by the National Firearms Act—including machine gun auto-sears (switches), short-barreled rifles, and unregistered suppressors—carries up to 10 years in prison per count. Under federal law, a conversion part that enables automatic fire is legally classified as a standalone machine gun, whether installed on a weapon or not. Defense strategies focus on the legality of the physical search, constructive possession challenges, and whether the seized item meets statutory definitions.
Under 18 U.S.C. § 922(g)(3), it is unlawful for anyone who is an unlawful user of, or addicted to, any controlled substance to ship, transport, possess, or receive firearms or ammunition. Because cannabis remains a Schedule I controlled substance under federal law, holding a state-issued medical or recreational license does not shield you from federal prosecution. Defense attorneys frequently challenge these charges on Second Amendment grounds under the historical precedent standards established in New York State Rifle & Pistol Association v. Bruen.
Transporting or mailing firearms, optical sights, or specialized tactical components outside the United States without authorization from the Directorate of Defense Trade Controls (DDTC) violates the Arms Export Control Act (22 U.S.C. § 2778) and the International Traffic in Arms Regulations (ITAR). These investigations are run by Homeland Security Investigations (HSI) and the ATF, carrying prison sentences of up to 20 years per violation. Defenses generally examine licensing exemptions, manufacturer classification lists, and whether the defendant lacked willful intent to bypass export controls.
A standard felon in possession charge under § 922(g) carries a statutory maximum of 15 years. However, if the defendant has three prior convictions for a “serious drug offense” or “violent felony” committed on occasions different from one another, the Armed Career Criminal Act mandates a 15-year mandatory minimum sentence up to life imprisonment. Defenses against ACCA enhancements use the “categorical approach” to scrutinize the statutory elements of past state convictions, proving they do not legally qualify as predicate violent felonies or serious drug offenses.
Under 18 U.S.C. § 922(k), it is a federal felony to possess a firearm on which the manufacturer’s serial number has been “removed, obliterated, or altered.” Federal circuit courts have held that a serial number does not need to be completely erased to violate the statute; any material alteration or significant defacement can trigger the charge, which carries up to five years in federal prison. If forensic analysis proves the original number remains completely legible and unaltered, defense attorneys can move to dismiss the charges.
