San Diego Federal Firearms Attorney

Facing federal firearms charges in San Diego? Attorney Anton Vialtsin at LAWSTACHE Law Firm defends clients against 18 USC 922 and related federal firearms charges in the Southern District of California. Call 619-357-6677 for a free consultation.

San Diego Federal Firearms Attorney — 18 USC 922 Defense

Federal firearms charges under 18 U.S.C. § 922 are prosecuted aggressively in the Southern District of California. The most common charge — felon in possession under § 922(g) — applies to a broad range of prohibited persons including convicted felons, fugitives, unlawful drug users, and undocumented immigrants.

Because federal firearms cases frequently involve sentence enhancements that dramatically increase exposure — including the Armed Career Criminal Act (ACCA) — having an attorney who understands federal sentencing law is critical. In addition, recent Supreme Court decisions have shifted the legal landscape in ways that create new defense opportunities in these cases.

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Federal Firearms Defense Strategies in San Diego

Challenging the ACCA Enhancement

The Armed Career Criminal Act under 18 USC 924(e) requires a mandatory minimum sentence for § 922(g) defendants with three or more qualifying prior convictions. Therefore, challenging whether each prior conviction qualifies as an ACCA predicate is often the most important battle in the case. Recent Supreme Court decisions have narrowed the definition of qualifying priors — creating opportunities to remove ACCA exposure entirely.

Challenging Constructive Possession

The government often charges constructive possession — alleging you controlled a firearm without physically holding it. To prove constructive possession, prosecutors must show you knew about the firearm and had both the ability and intent to control it. Because this is a fact-intensive inquiry, Anton Vialtsin challenges constructive possession aggressively when the evidence is disputed.

Fourth Amendment Suppression

Federal firearms cases frequently arise from vehicle stops, home searches, and pat-downs. Therefore, challenging the constitutionality of the stop, search, or seizure that uncovered the firearm is a primary defense strategy. Any Fourth Amendment violation can result in the firearm evidence being suppressed — eliminating the core evidence against you.

Challenging the Interstate Commerce Nexus

Federal jurisdiction under § 922(g) requires a nexus to interstate commerce — the firearm must have traveled in interstate or foreign commerce at some point. In addition, Anton Vialtsin examines whether this jurisdictional element is properly established by the government’s evidence.

Federal Firearms Charges We Defend in San Diego

Felon in possession of a firearm (18 USC 922(g)(1))
Unlawful alien in possession (18 USC 922(g)(5))
Drug user in possession (18 USC 922(g)(3))
Using a firearm in furtherance of a drug trafficking crime (18 USC 924(c))
Federal firearms trafficking (18 USC 922(a))
Straw purchase of a firearm
Unlicensed dealing in firearms (18 USC 922(a)(1))

See our main San Diego Federal Criminal Defense page and our detailed Federal Firearms Trafficking analysis for more information.

Free Consultation — San Diego Federal Firearms Defense

Call 619-357-6677 to speak directly with federal defense attorney Anton Vialtsin. Free consultation — weekdays and weekends.

Frequently Asked Questions — Federal Firearms San Diego

What is felon in possession under 18 USC 922(g)?

18 USC 922(g) makes it unlawful for prohibited persons — including convicted felons, fugitives, unlawful drug users, and others — to possess, ship, or receive any firearm or ammunition. It is one of the most commonly prosecuted federal firearms charges in the Southern District of California.

What is the ACCA enhancement?

The Armed Career Criminal Act under 18 USC 924(e) requires a mandatory minimum sentence for § 922(g) defendants with three or more prior qualifying convictions. Challenging whether prior convictions qualify as ACCA predicates is one of the most critical issues in these cases — and recent Supreme Court decisions have created new opportunities to challenge it.

What is constructive possession in a federal firearms case?

Constructive possession means the government alleges you controlled a firearm without physically holding it — such as a gun found in a shared residence or vehicle. The government must prove knowledge and intent to control. This is frequently contested and Anton Vialtsin challenges it aggressively.

Can a prior felony conviction be challenged in a federal firearms case?

Yes. The validity of a prior conviction used as the basis for a 922(g) charge can be challenged. In addition, recent Supreme Court decisions have affected which priors qualify under the ACCA — creating opportunities to remove mandatory minimum enhancements entirely.

Our Office — San Diego Federal Firearms Defense

Address: 185 West F Street, Suite 100-D, San Diego, CA 92101
Phone: 619-357-6677
Hours: Weekdays and weekends by appointment.

Call Now: 619-357-6677