⚠️ Federal Firearm Charges Under § 922(g) and § 924(c) Carry Mandatory Minimums That Stack.
18 U.S.C. § 922(g) — felon in possession — carries up to 10 years per firearm. 18 U.S.C. § 924(c) — firearm in furtherance of a drug trafficking or violent crime — carries a mandatory consecutive sentence starting at 5 years and escalating to 30 years or life for subsequent offenses. Federal firearm charges are structured so stacking alone produces decades of exposure.
What makes federal firearm charges different from state firearm charges isn’t the possession element — it’s the sentencing architecture. Mandatory minimums apply regardless of the defendant’s background. Consecutive sentencing under § 924(c) cannot be run concurrent. Armed Career Criminal Act exposure imposes a 15-year mandatory minimum when the defendant has three qualifying prior convictions. And federal referral often comes from state firearm arrests where the underlying conduct qualifies for both. When federal charges stack this way, you need an experienced federal criminal defense lawyer serving all of Rhode Island handling your case from day one.
You are behind from the moment of arrest. The only question is how fast you close the gap.
Fill out this form now. You speak directly with a Rhode Island federal firearm defense attorney — not intake, not a paralegal — who will immediately assess your mandatory-minimum exposure, identify suppression and ACCA defenses, and tell you exactly where you stand.
In federal court, waiting isn’t neutral. It’s losing ground.
How Federal Firearms Investigations Work in Rhode Island
Federal firearms cases do not begin the way most state cases do. There is rarely a traffic stop or a 911 call. Instead, federal investigations are methodical, often spanning weeks or months before an arrest is made. Understanding how these investigations work is the first step in mounting a defense.
ATF Investigations and Referrals
The Bureau of Alcohol, Tobacco, Firearms and Explosives maintains a field office in Providence and works closely with Rhode Island state and local police. When a firearm is recovered during a state arrest — particularly a ghost gun, a firearm with an obliterated serial number, or multiple weapons — the arresting agency may refer the case to ATF for federal prosecution. With 81 ghost gun cases and 247 multi-firearm cases statewide in 2025, these referrals are accelerating. Attorney Stefanie A. Murphy has defended clients whose cases originated as state arrests and were adopted by ATF for federal prosecution — a critical transition point where the defense strategy must change immediately.
FBI and Federal Task Force Operations
The FBI’s Providence field office operates joint task forces with state and local agencies that target violent crime and firearms trafficking. If your arrest involved a task force operation, a controlled buy, or a cooperating witness, the investigation likely preceded the arrest by weeks or months. The government may have surveillance records, wiretap evidence, or testimony from confidential informants. Attorney Murphy and Attorney Marin understand how to obtain and challenge this evidence through discovery motions and federal search warrant challenges.
Project Safe Neighborhoods and Federal Prosecution Priorities
Rhode Island participates in Project Safe Neighborhoods (PSN), a federal initiative that directs the U.S. Attorney’s Office to prioritize firearms prosecutions. Under PSN, cases that might once have stayed in state court are now routinely adopted for federal prosecution — especially when the defendant has a prior felony, when multiple firearms are involved, or when the case connects to broader drug trafficking or violent crime investigations. If you have received a federal target letter related to a firearms investigation, contact Attorney Murphy immediately — the window to influence charging decisions narrows rapidly.
Common Federal Gun Charges: 18 U.S.C. 922 and 924 Explained
Federal firearms law is built on two statutes: 18 U.S.C. 922, which defines prohibited conduct, and 18 U.S.C. 924, which sets the penalties. Understanding the specific charge you face is essential because the sentencing consequences vary dramatically depending on which subsection applies.
18 U.S.C. 922(g) — Felon in Possession of a Firearm
Section 922(g)(1) makes it illegal for any person convicted of a crime punishable by imprisonment for more than one year to possess, receive, or transport any firearm or ammunition. This is the most commonly charged federal firearms offense in Rhode Island. The government must prove three elements: (1) the defendant had a qualifying prior conviction, (2) the defendant knowingly possessed a firearm or ammunition, and (3) the firearm or ammunition traveled in interstate commerce. Attorney Stefanie A. Murphy has defended dozens of 922(g) cases and regularly challenges each of these elements — including whether prior convictions actually qualify as predicates under current Supreme Court precedent. For a detailed analysis of felon-in-possession defense strategies, see our dedicated practice page.
18 U.S.C. 924(c) — Using a Firearm During a Crime of Violence or Drug Trafficking
This is the charge that terrifies defendants and defense attorneys alike. Section 924(c) imposes mandatory consecutive prison terms — meaning the sentence runs on top of whatever sentence is imposed for the underlying offense. The mandatory minimums are severe and cannot be reduced by a judge:
- 5 years mandatory — possession of a firearm in furtherance of a crime of violence or drug trafficking
- 7 years mandatory — brandishing a firearm
- 10 years mandatory — discharging a firearm
- 25 years mandatory — second or subsequent 924(c) conviction
- 30 years mandatory — second or subsequent conviction involving brandishing or discharge
These sentences are consecutive — they cannot run at the same time as the sentence for the underlying crime. A defendant facing a 10-year drug sentence plus a 924(c) charge is looking at a minimum of 15 years. Attorney Murphy defends 924(c) charges by challenging whether the underlying offense qualifies as a “crime of violence” — a definition that has been significantly narrowed by recent circuit court decisions — and by arguing that the firearm was not possessed “in furtherance of” the underlying crime.
922(a) Offenses: Straw Purchases, Unlicensed Dealing, and Interstate Transfers
Beyond felon-in-possession and 924(c), federal prosecutors in Rhode Island charge straw purchases (buying a firearm on behalf of someone who cannot legally buy one), unlicensed firearms dealing (selling firearms without a Federal Firearms License), and illegal interstate transfers. These charges carry up to 10 years in federal prison and often accompany federal conspiracy charges that expand liability to anyone involved in the transaction.
Federal Sentencing Guidelines: Mandatory Minimums at a Glance
| Charge | Base Maximum | Mandatory Minimum | Key Enhancement |
|---|---|---|---|
| 922(g)(1) — Felon in possession | 10 years | None (base) | ACCA: 15-year mandatory minimum |
| 922(g)(1) + 3 prior violent felonies | Life | 15 years (ACCA) | Armed Career Criminal Act |
| 924(c) — Possession in furtherance | Life | 5 years consecutive | Cannot run concurrently |
| 924(c) — Brandishing | Life | 7 years consecutive | Cannot run concurrently |
| 924(c) — Discharge | Life | 10 years consecutive | Cannot run concurrently |
| 924(c) — Second offense | Life | 25 years consecutive | Mandatory consecutive stacking |
| 922(a) — Straw purchase / dealing | 10 years | None (base) | Conspiracy adds counts |
Attorney Stefanie A. Murphy uses her deep knowledge of the federal sentencing guidelines to challenge sentencing enhancements at every stage — from the initial guideline calculation through sentencing advocacy before the judge.
Federal Detention and Bail for Firearms Charges in Rhode Island
If your loved one has been arrested on federal firearms charges, the first question is almost always: “Can they come home while the case is pending?” In the federal system, the answer is much harder to secure than in state court — but Attorney Stefanie A. Murphy and Attorney Matthew T. Marin have successfully obtained pretrial release for federal firearms defendants.
The Rebuttable Presumption of Detention
Under the federal Bail Reform Act (18 U.S.C. 3142), there is a rebuttable presumption that a defendant charged with a firearms offense should be detained pending trial. This means the government starts with the advantage: the magistrate judge presumes your loved one should stay in jail unless the defense presents clear and convincing evidence that the defendant is not a flight risk and not a danger to the community. Attorney Murphy prepares for federal detention hearings by assembling a comprehensive release package before the hearing — employment records, housing stability, family ties, proposed supervision conditions, and third-party custodian agreements.
Conditions of Pretrial Release
When pretrial release is granted in a federal firearms case, conditions are strict: GPS monitoring, home confinement, surrender of all firearms, travel restrictions, regular reporting to pretrial services, and sometimes drug testing. Violating any condition results in immediate revocation and re-detention. Attorney Murphy ensures clients understand every condition from day one and works with pretrial services to establish reporting schedules that allow defendants to maintain employment while complying with supervision requirements.
What Families Should Know About Federal Custody
If your loved one is being held at the Wyatt Detention Center in Central Falls or at a federal facility outside Rhode Island, you can expect the initial appearance before a magistrate judge within 48 hours. The detention hearing typically occurs within 3 to 5 days of the initial appearance. The sooner you contact Attorney Murphy, the more time she has to prepare the release argument. If a federal investigation preceded the arrest, there may be additional evidence to gather before the hearing that strengthens the release argument.
Defense Strategies for Federal Firearms Charges in Rhode Island
Every federal firearms case has potential weaknesses. Attorney Stefanie A. Murphy and Attorney Matthew T. Marin approach each case by systematically attacking every element the government must prove — from the legality of the initial search through the applicability of sentencing enhancements.
Fourth Amendment Suppression Motions
The most powerful defense in many federal firearms cases is challenging how the firearm was discovered. If the gun was found during a traffic stop without reasonable suspicion, a warrantless home entry, a pat-down that exceeded Terry v. Ohio limits, or a federal search warrant with insufficient probable cause, Attorney Murphy files motions to suppress under both the Fourth Amendment and Article I, Section 6 of the Rhode Island Constitution. In federal court, a successful suppression motion typically ends the case — without the firearm, the government cannot prove possession.
Challenging Constructive Possession
Many federal firearms defendants were not holding the weapon when arrested. The gun was in a car with multiple occupants. It was in an apartment shared with other people. It was in a closet in a house where the defendant was a guest. The government’s constructive possession theory requires proof of both knowledge and the ability to exercise control — and Attorney Murphy challenges both elements by investigating who else had access, whether forensic evidence (fingerprints, DNA, touch DNA) connects the defendant to the firearm, and whether the government’s case rests on mere proximity rather than actual dominion. For a detailed discussion of constructive possession defenses, see our felon-in-possession defense page.
Challenging the Predicate Conviction (922(g))
Federal felon-in-possession charges require proof of a prior conviction for a crime punishable by more than one year in prison. Recent Supreme Court decisions have narrowed which convictions qualify. Attorney Murphy reviews every prior conviction to determine whether it meets the current legal standard — including whether state convictions that carried a theoretical maximum of more than one year but resulted in probation or a suspended sentence actually qualify. If the predicate conviction falls, the 922(g) charge collapses entirely.
Challenging “Crime of Violence” Under 924(c)
For Anthony’s scenario — 924(c) charges stacked on top of state or federal charges — the defense focuses on whether the underlying offense qualifies as a “crime of violence” under federal law. The Supreme Court’s decisions in Johnson v. United States and United States v. Davis invalidated the residual clause of the crime-of-violence definition, and circuit courts have since found that numerous offenses — including certain assault, robbery, and conspiracy charges — no longer qualify. If the underlying offense is not a “crime of violence,” the 924(c) charge cannot stand, and the mandatory consecutive sentence disappears.
ACCA and Career Offender Challenges
The Armed Career Criminal Act (ACCA) imposes a 15-year mandatory minimum on defendants with three or more prior convictions for “violent felonies” or “serious drug offenses.” Career offender designations under the federal sentencing guidelines can double or triple the advisory guideline range. Attorney Murphy has successfully argued that prior convictions do not qualify as ACCA predicates by analyzing the elements of the prior offense against the current Supreme Court framework. She has also challenged career offender classifications by demonstrating that prior drug convictions involved quantities or conduct below the “serious drug offense” threshold. These arguments require deep familiarity with the federal sentencing enhancement framework.
Cooperation and Plea Negotiation in Federal Court
Federal cases resolve differently from state cases. The U.S. Attorney’s Office operates under the Department of Justice’s charging policies, and plea agreements in federal firearms cases often involve cooperation provisions, safety valve applications, or stipulations to specific guideline calculations. Attorney Murphy negotiates with the U.S. Attorney’s Office from a position of preparation — having already investigated the case, identified the government’s weaknesses, and prepared motion practice. When cooperation is in the client’s interest, she structures agreements that maximize the sentencing benefit while protecting the client’s safety.
Federal Sentencing Advocacy
If the case proceeds to sentencing, Attorney Murphy prepares comprehensive sentencing memoranda under 18 U.S.C. 3553(a), presenting the defendant’s life history, rehabilitative efforts, family circumstances, mental health factors, and employment record. Federal judges have discretion to impose sentences below the advisory guideline range, and the quality of the sentencing presentation often determines whether that discretion is exercised. With firearm prosecutions surging statewide — 498 cases in 2025 compared to 415 in 2024, federal judges are seeing more of these cases and are receptive to well-documented mitigation packages that distinguish one defendant from the statistics.
Federal vs. State Gun Charges in Rhode Island: Key Differences
If you have been through the Rhode Island state court system before, nothing about that experience prepares you for federal court. The rules are different, the stakes are higher, and the prosecution is more aggressive. Attorney Stefanie A. Murphy practices in both systems and can explain exactly what federal prosecution means for your case.
Side-by-Side Comparison
| Factor | Rhode Island State Court | Federal Court (U.S. District Court) |
|---|---|---|
| Prosecuting agency | RI Attorney General / local prosecutors | U.S. Attorney’s Office, District of Rhode Island |
| Investigating agency | State/local police | ATF, FBI, DEA, federal task forces |
| Felon-in-possession statute | R.I.G.L. 11-47-5 (up to 10 years) | 18 U.S.C. 922(g) (up to 10-15 years) |
| Mandatory minimums | Limited | ACCA (15 years), 924(c) (5-30 years consecutive) |
| Parole | Available | No parole in federal system |
| Good time credit | Varies | Maximum 15% (54 days/year) |
| Bail/detention | Bail typically available | Presumption of detention for firearm offenses |
| Sentencing | Judge discretion, statutory range | Federal Sentencing Guidelines (advisory) |
| Conviction rate | ~70-80% | ~90%+ (federal) |
| Trial rate | Higher | ~2% of federal cases go to trial |
Why This Distinction Matters for Your Defense
The practical consequence is simple: federal firearms charges are harder to beat, carry longer sentences, and offer no parole. A 10-year federal sentence means roughly 8.5 years in custody with maximum good time credit. A 10-year state sentence might mean significantly less time served. This is why you need an attorney who practices regularly in federal court — not a state court lawyer handling their first or second federal case. Attorney Murphy is admitted to practice before the U.S. District Court for the District of Rhode Island, the U.S. District Court for the District of Connecticut, and the U.S. District Court for the District of Massachusetts, and she handles federal firearms cases as a core part of her practice.
When State Cases Become Federal
Many defendants are surprised when a case that began as a state arrest is “adopted” by federal prosecutors. This typically happens when the defendant has a significant criminal history, when the arrest involved multiple firearms or ghost guns, when there is a connection to drug trafficking, or when the case was investigated by a joint state-federal task force. If your state case has been adopted by the U.S. Attorney’s Office, contact Attorney Murphy immediately — the defense strategy must change the moment the case crosses into federal jurisdiction.
What to Do If ATF Agents Contact You
If ATF agents have shown up at your door, called you, or contacted a family member, you are likely the subject of a federal firearms investigation. What you do next matters enormously. Attorney Stefanie A. Murphy has guided clients through pre-arrest federal investigations and knows that the decisions made in the first hours after contact can determine the trajectory of the entire case.
Do Not Make a Statement
You have the right to remain silent, and you should exercise it. ATF agents are trained interviewers. They may tell you that cooperation will help your situation. They may say they “just have a few questions.” Every word you say can and will be used against you in federal court. Politely decline to answer questions and tell the agents you want to speak with your attorney first. You are not required to let them into your home without a warrant.
If You Receive a Target Letter
A federal target letter means the U.S. Attorney’s Office has identified you as a target of a grand jury investigation and is considering charges. This is the most critical intervention point in a federal case. Attorney Murphy has used the target letter stage to negotiate with prosecutors before charges are filed — in some cases preventing indictment entirely. If you receive a target letter, do not speak to anyone about the investigation and call our office immediately.
If You Learn About a Federal Investigation Through Others
Sometimes the first sign of a federal investigation is not direct contact from agents but a call from a friend or associate who was interviewed, or learning that a search warrant was executed at a connected location. If you have reason to believe you are under federal investigation for firearms offenses, proactive engagement with a federal defense attorney can shape the outcome before arrest occurs. Attorney Murphy and Attorney Marin can begin investigating, preserving evidence, and preparing a defense strategy while the government is still building its case.
Related Federal and State Firearms Charges We Defend
Federal firearms charges rarely exist in isolation. Attorney Stefanie A. Murphy and Attorney Matthew T. Marin defend the full spectrum of gun and weapons charges in Rhode Island, including:
- Felon in possession of a firearm — 922(g)(1) federal charges and R.I.G.L. 11-47-5 state charges, including ACCA enhancement defense
- Firearm sentencing enhancements — ACCA, career offender, 924(c) mandatory consecutive sentences, and guideline enhancements
- Carrying a pistol without a license — state charges frequently filed alongside federal charges when the defendant had no permit
- Firearm during commission of a felony — state and federal charges when a firearm is alleged to have been present during another offense
- Possession of a stolen firearm — federal charges under 18 U.S.C. 922(j) and state charges when a recovered firearm traces to a theft
- Prohibited weapons — assault weapons, large-capacity magazines, and other items banned under Rhode Island law
- Gun charges arising from traffic stops — where Fourth Amendment challenges to the stop and search are the strongest defense tool
- Gun charges involving schools or juveniles — school zone enhancements and juvenile-specific firearms offenses
We also handle the federal practice areas that commonly intersect with firearms cases: federal drug charges, federal violent crimes, federal conspiracy, and § 2255 post-conviction relief.
With 498 new firearm cases charged statewide in 2025 — including 81 ghost gun cases and 247 multi-firearm cases — the overlap between state and federal firearms prosecution has never been greater.
Frequently Asked Questions About Federal Firearms Charges in Rhode Island
What is the difference between state and federal firearms charges in Rhode Island?
Can federal gun charges be reduced to state charges?
What are the sentencing guidelines for 18 U.S.C. 922(g)?
What is a 924(c) charge and why are the penalties so severe?
How does a federal firearms case typically proceed from arrest to resolution?
Can a motion to suppress evidence get my federal gun case dismissed?
What is constructive possession in a federal firearms case?
Should I cooperate with federal investigators?
Do I need a lawyer who specifically handles federal cases?
Can I get bail on a federal firearms charge?
What should I do if ATF agents come to my home or workplace?
Are ghost guns treated differently under federal firearms law?
Can I challenge federal gun charges under the Second Amendment after the Bruen decision?
What if I have a state lawyer but my case just went federal?
For a comprehensive overview of federal criminal defense in Rhode Island, including all charge types and the federal defense process, see our federal criminal defense attorney in Rhode Island page.
Contact a Federal Firearms Defense Attorney in Rhode Island
Federal firearms charges carry mandatory prison time with no parole. If you or someone you love is facing prosecution under 18 U.S.C. 922(g) or 924(c), the time to act is now. Federal detention hearings happen within days of arrest. Mandatory minimums mean the stakes are measured in years, not months. Every day without experienced federal counsel is a day the prosecution builds its case unchallenged.
Attorney Stefanie A. Murphy and Attorney Matthew T. Marin have defended thousands of criminal cases, and Attorney Murphy’s federal practice includes firearms prosecutions in the U.S. District Court for the District of Rhode Island. Attorney Murphy is admitted to practice in three federal district courts and has handled 922(g), 924(c), straw purchase, and unlicensed dealing cases at every stage from pre-indictment investigation through trial and sentencing. They understand the fear you are feeling right now — and they know how to fight back.
Call (401) 228-8271 for a confidential consultation. You can also reach us through our secure online contact form. We are available to meet at our offices in Providence, Cranston, or South Kingstown, or by phone if your loved one is currently in federal custody.
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