Possession or Use of a Machine Gun lawyer Rockville, MD

Federal charges involving a machine gun—whether for illegal possession, use during a crime of violence or drug trafficking, or possession of an unregistered device—carry grave consequences in the U.S. District Court for the District of Maryland. These prosecutions are handled by the United States Attorney’s Office with investigative support from the ATF and other federal agencies. For individuals in Rockville, Potomac, Bethesda, and throughout Montgomery County, understanding the federal machine-gun statutes and building an early defense are critical steps. Law Offices Of SRIS, P.C. focuses its practice on federal criminal defense, representing clients in matters before the Greenbelt and Baltimore divisions of the District of Maryland. To discuss a federal machine-gun investigation or charge, reach the firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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Federal Machine Gun Charges in Rockville, Maryland

Federal law prohibits the possession, transfer, or use of a machine gun under a framework of statutes that reach both the weapon itself and the conduct surrounding it. Cases originating in Rockville and Montgomery County are prosecuted in the U.S. District Court for the District of Maryland, which has a busy Greenbelt division located just minutes from Rockville. The prosecution is led by Assistant United States Attorneys who are experienced in complex firearms litigation, frequently drawing upon the resources of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

A machine-gun charge may arise under 18 U.S.C. § 922(o), which makes it unlawful to possess or transfer a machinegun not lawfully registered before 1986, or under 18 U.S.C. § 924(c) for possessing, brandishing, or discharging a firearm—including a machine gun—during and in relation to a crime of violence or a drug trafficking offense. A conviction carries severe penalties, including mandatory minimum prison terms that escalate if the weapon was brandished or discharged. Federal sentencing guidelines influence the ultimate sentence, but any mandatory minimum imposed under § 924(c) must run consecutively to any other term of imprisonment. Additionally, federal law does not provide for parole, making the immediate and long-term consequences of a machine-gun conviction exceptionally serious. Because these prosecutions often involve parallel investigations, search warrants, and grand jury proceedings, early engagement with defense counsel is essential to protect constitutional rights and develop a defense strategy that addresses the specific facts.

How Mr. Sris and His Of Counsel Approach Federal Machine Gun Defense

Federal machine-gun cases are fact-intensive and require a methodical examination of the government’s evidence. Mr. Sris and the firm’s Of Counsel attorneys begin by scrutinizing the legality of the search and seizure that led to the weapon’s discovery. If law enforcement exceeded the scope of a warrant or lacked probable cause, a motion to suppress may be a strong pretrial remedy. The team also evaluates whether the device meets the legal definition of a machine gun under 26 U.S.C. § 5845(b)—a technical question that occasionally yields a defense when the government’s forensic assessment is contested.

Beyond constitutional challenges, the firm examines whether the government can prove the required intent. For a § 924(c) charge, the prosecution must link the machine gun to a predicate crime of violence or drug trafficking. If the underlying offense is weak, the firearms count may be vulnerable. When trial is the trusted option, the firm’s attorneys prepare rigorously, often working with firearms attorneys and forensic consultants to challenge the ATF’s conclusions. Where appropriate, the team negotiates with the U.S. Attorney’s Office to seek a reduction of charges or a favorable plea agreement that limits the sentencing exposure. Throughout the process, clients are kept informed of the risks and strategic choices at each stage, from the initial appearance before a federal magistrate judge to any post-conviction relief.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., brings the perspective of a former prosecutor to federal criminal defense. Admitted in Maryland, Virginia, the District of Columbia, New Jersey, and New York, he has practiced in the federal courts of multiple jurisdictions since 1997. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His approach to machine-gun defense emphasizes thorough pretrial investigation, active motion practice, and a thorough understanding of federal sentencing dynamics.

The firm’s Of Counsel attorneys contribute substantial trial experience, including a former Maryland Assistant State’s Attorney who prosecuted criminal cases in both District and Circuit Courts. This collective background means the defense team can anticipate government strategies, identify procedural weaknesses, and craft arguments suited to the federal courtroom. Results may vary.

Machine-gun cases arising in Rockville are prosecuted in the U.S. District Court for the District of Maryland, with the Greenbelt division serving Montgomery County.

Source: U.S. District Court for the District of Maryland

Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.

Frequently Asked Questions

What is a federal machine gun charge?

A federal machine gun charge alleges that a person unlawfully possessed, transferred, or used a machine gun in violation of federal statutes, most commonly 18 U.S.C. § 922(o) or § 924(c). The definition of a machine gun under 26 U.S.C. § 5845(b) includes any weapon that shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot without manual reloading, by a single function of the trigger. The charges are prosecuted by the U.S. Attorney’s Office in federal district court. If you are contacted by federal agents about a machine gun, speak to a lawyer before making any statement. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

What are the penalties for possessing or using a machine gun in Maryland federal court?

Penalties are severe and include mandatory minimum prison terms, especially when the machine gun is charged under 18 U.S.C. § 924(c). A conviction under § 924(c) mandates a consecutive sentence of at least five years if the firearm was possessed, seven years if brandished, and ten years if discharged. A second or subsequent § 924(c) conviction carries a minimum of twenty-five years consecutively. The underlying unlawful possession charge under § 922(o) also carries significant imprisonment. Federal sentencing guidelines further influence the actual time served, and parole is not available in the federal system. To discuss the specific sentencing exposure in your case, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

How can a lawyer defend against a possession or use of a machine gun allegation?

Defense strategies focus on challenging the legality of the search, the government’s proof that the device meets the statutory definition of a machine gun, and the required nexus to a predicate offense in § 924(c) cases. An attorney may file a motion to suppress if law enforcement violated the Fourth Amendment. Technical arguments may show the firearm was not operable as a machine gun or was lawfully registered. In some instances, the prosecution’s evidence linking the weapon to a drug trafficking crime or crime of violence is insufficient. Each case is different; an early investigation is crucial. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Do I need a lawyer if I am under investigation for a federal machine gun offense?

Yes. Federal investigations often proceed for months before charges are filed, and early legal representation can influence whether charges are brought and, if so, what charges. A lawyer can communicate with investigators, preserve evidence, and prevent statements that could be used against you. Because machine-gun investigations frequently involve grand jury subpoenas, search warrants, and witness interviews, having counsel in place ensures your rights are protected at every stage. To request a consultation, reach the firm at (888) 437-7747.

What should I do if federal agents contact me about a machine gun?

You should decline to answer questions, state that you wish to speak with an attorney, and do not consent to any search. Federal agents may seek to interview you or search your home, vehicle, or electronic devices. You are under no obligation to cooperate without counsel present. If agents present a search warrant, do not interfere, but observe where they search and request a copy of the warrant and inventory. Immediately contact a federal criminal defense lawyer. For assistance, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

How do I find an experienced federal machine gun defense lawyer in Rockville, MD?

Look for a firm that practices regularly in the U.S. District Court for the District of Maryland and has experience with federal firearms statutes and the U.S. Sentencing Guidelines. The attorney should understand the Greenbelt division’s procedures and the U.S. Attorney’s Office practices. Law Offices Of SRIS, P.C. represents clients in Rockville and across Montgomery County in federal criminal matters. Contact the firm at (888) 437-7747 to schedule a consultation.

Explore our related pages for federal criminal defense in neighboring Maryland counties:

For authoritative primary sources on federal firearms law, consult:

Last reviewed: July 2026

Reviewed by Mr. Sris, Owner and Founder

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

Attorney advertising. Prior results do not guarantee a similar outcome.
Results may vary.

Case results depend on a variety of factors unique to each case.