Tampa Machine Gun Charge Lawyer

Trial-tested federal firearm defense from a board certified criminal trial lawyer in Tampa.

If you have been charged with possessing, selling, or manufacturing a machine gun or machine gun conversion device, you are facing a federal felony that carries years in prison. The federal government treats these cases as a high priority, and the ATF prosecutes them aggressively across Florida. It does not matter whether the weapon was ever fired. Under federal law, possessing the device alone is enough. Our Tampa, FL machine gun charge lawyer at StechLaw Criminal Defense defends clients accused of machine gun offenses in federal court. Schedule a free, confidential consultation to discuss your case.

Machine Gun Charge Lawyer Tampa, FL

A machine gun charge is a federal offense involving the possession, transfer, sale, or manufacture of a fully automatic firearm or a device capable of converting a semi-automatic weapon into one. Federal law defines a machine gun as any weapon that fires more than one round with a single pull of the trigger. That definition also covers the parts themselves. A conversion device sitting in a drawer, never installed, still qualifies.

These charges fall under the National Firearms Act and are prosecuted in federal court. The penalties are severe, and the defense requires a lawyer who understands how the ATF classifies weapons, how agents build these cases, and how federal sentencing works. A machine gun charge attorney in Tampa, FL handles the technical and legal questions that make these prosecutions different from standard firearms cases.

Types of Machine Gun Charge Cases We Handle in Tampa

Machine gun prosecutions arise from different circumstances, but they all carry heavy federal penalties. Below are the types of machine gun and related federal firearm charges our Tampa defense practice handles.

• Possession of an unregistered machine gun. Owning a fully automatic firearm that is not registered in the National Firearms Registration and Transfer Record is a federal felony. Most machine guns manufactured after 1986 cannot be lawfully registered by civilians, which means possession alone is enough for a charge. We challenge how the weapon was found, whether you had knowledge of its presence, and whether it actually meets the federal definition.
• Glock switches and conversion devices. A small device that converts a semi-automatic pistol into a fully automatic firearm is classified as a machine gun under federal law, even when it is not attached to a weapon. These cases have surged in recent years. We handle Glock switch charges and defend clients who purchased these devices without understanding the legal consequences.
• Auto sears and drop-in conversion parts. Parts designed to convert an AR-15 or similar rifle into a fully automatic weapon fall under the same federal definition. Possession of the part alone, without a completed weapon, is treated the same as possessing a machine gun. We defend clients accused of possessing or selling these components.
• Manufacturing or modifying a firearm. Altering a semi-automatic weapon to fire automatically, whether through machining, 3D printing, or installing conversion parts, constitutes manufacturing a machine gun under federal law. We represent individuals accused of making these modifications.
• Sale or transfer of machine guns. Selling or transferring an unregistered machine gun or conversion device is a separate federal offense. These cases often overlap with ATF investigations that trace devices through online sales, shipping records, and undercover operations.
• Machine gun charges combined with other offenses. When a machine gun is connected to a drug trafficking crime or violent offense, prosecutors add Section 924(c) charges that carry mandatory consecutive prison terms. That means the machine gun sentence stacks on top of the underlying charge. We defend the full scope of these combined prosecutions.

Why Choose StechLaw Criminal Defense as my Machine Gun Charge Lawyer in Tampa, FL?

Sixty Cases to Verdict

Over 60 criminal cases tried to verdict. That is the courtroom record Ben Stechschulte brings to federal firearms defense in Tampa. He holds board certification in criminal trial law from The Florida Bar, a distinction that requires years of sustained trial work and is held by a small percentage of Florida criminal defense attorneys. A Stetson University College of Law graduate, he has practiced in the Tampa Bay area for more than 15 years and was recognized as a Rising Star by Super Lawyers in 2015.

Focused Defense for Machine Gun Prosecutions

Machine gun cases involve technical questions that most criminal defense lawyers do not regularly encounter. How did the ATF classify the device? Was the weapon actually capable of automatic fire? Did you know what you had? These questions require familiarity with federal gun crime defense strategies and the way ATF lab reports and agent testimony shape a case. As a federal gun crimes attorney in Tampa, our firm has achieved favorable results for clients facing serious federal charges. We apply that same focus to every machine gun case.

What Is Important To Understand About Machine Gun Charge Cases?

Machine gun cases are federal felonies prosecuted under the National Firearms Act. The consequences are severe, and the process moves differently than state court.

Charges, Penalties, and Defense Strategies for Machine Gun Cases

Possession of an unregistered machine gun is a federal felony that carries up to 10 years in prison. When a machine gun is connected to another crime, the penalties are far worse. A Section 924(c) count involving a machine gun adds a mandatory 30 years in federal prison, running consecutive to the sentence for the underlying offense.

Defense in these cases begins with the classification. Federal law defines a machine gun broadly, but the government still has to prove the weapon or device meets that definition. If the ATF’s testing or classification was flawed, the charge can be challenged. We examine lab reports, the chain of custody, and the technical findings the government relies on.

The second line of defense is knowledge. The government has to prove you knowingly possessed a machine gun or conversion device. If the item was found in a shared space, in a vehicle with multiple occupants, or in a package you didn’t open, constructive possession becomes a contested issue. We scrutinize how agents located the device and what evidence connects it to you specifically.

The third is the search itself. Machine guns and conversion devices are physical evidence. If the search that uncovered them violated your Fourth Amendment rights, we move to suppress the evidence. Without the device, the government’s case weakens significantly.

What Are Some Important Aspects of a Machine Gun Case?

A few factors tend to drive these prosecutions.

The device itself is the government’s central piece of evidence. ATF labs test recovered devices and issue classification letters. Those findings carry weight, but they are not beyond challenge. We review the testing methodology and the conclusions to determine whether the device actually functions as the government claims.

How the device was discovered matters. Machine gun cases often begin with a traffic stop, a search incident to arrest, or a warrant executed on a home or vehicle. The legality of that initial encounter determines whether the evidence can be used. Your Tampa gun crimes lawyer should evaluate the circumstances of the stop or search before anything else.

Online purchases are increasingly common in these cases. Many clients ordered a switch or conversion part from an overseas website without understanding that the item was classified as a machine gun. The ATF monitors these shipments through customs seizures and package interdictions. We evaluate whether the government can prove you actually ordered the device and that you knew what it was.

The overlap with firearm penalties in drug cases adds another layer. When a machine gun is found during a drug investigation, the mandatory minimum sentences can be staggering. Defending these combined cases requires addressing both the gun and the drug charge simultaneously.

Machine Gun Charge Case Timeline

Federal machine gun cases move through the same stages as other federal firearms prosecutions, but the stakes are higher at every step.

• Investigation. The ATF identifies a machine gun or conversion device through a seizure, an online purchase interdiction, or a related investigation. Evidence gathering may continue for weeks before you are contacted.
• Agent contact or arrest. You may be approached by agents, or you may be arrested during a search. Some cases begin with a target letter from a federal prosecutor.
• Indictment. A federal grand jury reviews the evidence and returns an indictment. Machine gun charges may appear alongside other federal counts.
• Detention hearing. Because of the severity of the charges, the government may argue for pretrial detention. Federal criminal defense counsel can advocate for release at this hearing.
• Pretrial motions. The defense files motions to suppress evidence, challenge the device classification, or exclude testimony. These motions can reshape the case.
• Trial or plea, then sentencing. The case resolves through a plea agreement or trial, followed by sentencing under federal guidelines.

What Should You Bring to Your Machine Gun Charge Consultation?

If you have been charged with a machine gun offense or believe you are under investigation, bring the following to your first meeting with a federal gun crimes lawyer.

• Any charging document, indictment, or criminal complaint
• ATF or FBI correspondence, including target letters or lab classification results
• Bond paperwork and scheduled court dates
• Records of any purchase, including online order confirmations or shipping records
• A written account of the events and how the device was found

We will review the facts of your case directly and explain what options are available.

What Are Some Important Florida Legal Resources for Machine Gun Charge Cases?

Federal machine gun law is defined under the National Firearms Act and the Gun Control Act, with enforcement led by the ATF. These resources provide background.

• The federal statute of limitations gives prosecutors five years to bring most firearms charges, although machine gun cases often move to indictment more quickly.
• The ATF’s National Firearms Act page explains the registration requirements and the legal definition of regulated items, including machine guns.
• The ATF Tampa Field Division handles machine gun and conversion device enforcement across most of Florida.
• Federal firearms statutes are published in Title 18 of the U.S. Code and available for public reference.
• Cases in Tampa are prosecuted by the U.S. Attorney’s Office for the Middle District and heard in the Middle District’s federal court.

Reach Out to StechLaw Criminal Defense to Schedule a Consultation

A machine gun charge is one of the most serious federal firearms offenses. The penalties are severe, and the consequences last a lifetime. StechLaw Criminal Defense offers free initial consultations, and every conversation is confidential. You will get a direct assessment of your case from a federal gun crimes defense firm with board certified trial experience. Contact us to speak with a Tampa machine gun charge attorney.