Federal Firearms Charges in South Florida
The Southern District of Florida is one of the most active districts in the country for federal firearms prosecutions. Proximity to international ports, a significant gun trafficking network connecting the Southeast to the Caribbean and Latin America, and the frequent intersection of drug trafficking and weapons possession make SDFL a high-volume firearms prosecution district.
Federal firearms cases range from felon-in-possession charges arising from traffic stops to sophisticated international trafficking operations involving hundreds of weapons. What they share is a sentencing structure designed to produce severe, mandatory time — and a prosecution philosophy that treats every firearm as a multiplier of offense severity.
The § 924(c) Stacking Problem
No provision in federal sentencing law produces more severe outcomes through automatic operation than 18 U.S.C. § 924(c). When a firearm is used or carried during a drug trafficking offense or crime of violence, § 924(c) mandates a consecutive sentence that begins at 5 years and escalates. Multiple § 924(c) counts in a single indictment stack: count one adds 5 mandatory consecutive years; every subsequent count adds 25 mandatory consecutive years.
The First Step Act of 2018 eliminated the "second or subsequent § 924(c)" stacking for charges arising from the same case — meaning multiple § 924(c) counts in a single indictment now all carry 5-year minimums rather than the first carrying 5 and subsequent counts carrying 25. This was a significant sentencing reform. But even under the post-First Step Act regime, multiple § 924(c) counts still run consecutively — adding 5 mandatory years for each count, after all other sentences are served.
Common Federal Firearms Charges in SDFL
Felon in possession (§ 922(g)) is the most frequently charged firearms offense — arising when a person with a prior felony conviction is found with a firearm or ammunition. The charge is factually simple but legally complex: the government must prove the defendant knew of their prohibited status, and the application of ACCA enhancements turns on contested questions about prior convictions.
Firearms trafficking and false statements (§ 922(a), § 933) arise in cases involving straw purchases, export to prohibited destinations, unlicensed dealing, and bulk purchases for resale. South Florida is a major source state for illegal weapons trafficked to the Caribbean and Central America. International trafficking cases carry both federal criminal exposure and ATF administrative consequences.
Firearm in furtherance of drug trafficking (§ 924(c)) is the most severe firearms charge — added to drug cases when a weapon is found near drugs, drug proceeds, or drug paraphernalia. Prosecutors argue that any firearm proximate to drugs is necessarily "in furtherance of" the trafficking offense. We challenge the nexus element vigorously.
Our Defense Strategy
Attacking the search and seizure. Most firearms cases begin with a traffic stop, a consent search, or a search warrant. The Fourth Amendment limits what law enforcement can search, where they can look, and what they can seize. Suppression of the firearm ends the prosecution. We examine every search in detail.
Contesting the § 924(c) nexus. The government must prove the firearm was used or carried "in furtherance of" the underlying offense — not merely possessed at the same time. Proximity alone is not enough. We challenge the inferential leap between firearm presence and active furtherance of the crime.
ACCA prior conviction challenges. The Armed Career Criminal Act turns on whether prior convictions qualify as violent felonies or serious drug offenses under a complex and evolving legal definition. The Supreme Court has repeatedly narrowed ACCA's scope. Prior convictions that once qualified may no longer. We audit every claimed ACCA predicate.
Plea negotiation for § 924(c) dismissal. When the evidence is strong on the predicate offense, we negotiate with prosecutors to dismiss § 924(c) counts in exchange for a guilty plea to the underlying charge. Eliminating a single § 924(c) count saves 5 mandatory consecutive years. In multiple-count cases, the savings can exceed a decade.