Federal Firearms Defense Attorney

Dan Eckhart is a federal criminal defense attorney based in Orlando, Florida, who represents clients facing federal firearms and weapons charges nationwide. Federal gun crimes carry mandatory minimum sentences, stack consecutively onto drug trafficking and other federal offenses, and are prosecuted under statutes that most defense lawyers rarely handle.

Eckhart has nearly 1,000 federal court docketing entries and 23 years of federal government service across three roles: federal agent, lead forfeiture prosecutor, and Assistant U.S. Attorney in the Middle District of Florida. He is admitted to federal courts nationwide and accepts federal weapons defense cases in any U.S. federal district.

Federal Firearms Charges Are Not State Weapons Charges

A federal firearms charge is a specific statutory offense prosecuted in U.S. District Court, controlled by federal prosecutors and governed by the federal sentencing guidelines. A defendant facing weapons charges at the state level can face parallel or subsequent federal prosecution for the same conduct, and federal criminal charges carry consequences that operate entirely differently from any state system.
Federal jurisdiction typically attaches through an ATF or FBI investigation, a connection to drug trafficking or another federal offense, the defendant's prior criminal record, or the type or registration status of the firearm.

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Federal Firearms and Weapons Charges Dan Eckhart Defends

Federal firearms cases most often involve 18 U.S.C. § 922(g), which bars any person with a qualifying prior conviction from possession of a firearm or ammunition, and 18 U.S.C. § 924(c), which adds a mandatory consecutive sentence when a weapon or firearm is used in connection with a drug trafficking crime or crime of violence. Dan Eckhart Law also defends NFA prosecutions and federal firearms trafficking cases.

Felon in Possession - 18 U.S.C. § 922(g)

Unlawful possession of a firearm under § 922(g) applies to any person with a qualifying prior conviction who possesses a gun or weapon. Defense avenues include Fourth Amendment suppression of the firearm, challenging constructive possession where the weapon was found in a shared location, and contesting whether the prior conviction legally qualifies as a disqualifying offense.

A § 922(g) disqualifying conviction is not limited to violent felonies. Prior financial, regulatory, and white-collar convictions can qualify as predicate offenses, and Dan Eckhart Law handles the legal analysis of whether a specific prior conviction triggers illegal possession of a weapon charges under the statute.

Firearm in Furtherance of Drug Trafficking - 18 U.S.C. § 924(c)

A § 924(c) charge imposes a mandatory minimum penalty that runs consecutively to the underlying drug trafficking sentence, with no ability to serve the two concurrently. The government must prove the firearm was carried "in furtherance of" the commission of a crime, not merely that it was present, and challenging that element is often the highest-value defense work in a § 924(c) case.

Related page: Federal Drug Trafficking Defense.

National Firearms Act Violations - 26 U.S.C. § 5861

Dan Eckhart Law has defended NFA prosecutions involving unregistered suppressors, short-barreled rifles, and short-barreled shotguns. These cases turn on technical ATF regulatory definitions, the knowledge element the government must establish, and Fourth Amendment issues that arise frequently because the evidence typically comes from searches of homes or businesses.

Firearms Trafficking and Straw Purchases - 18 U.S.C. § 922(a)(6) and § 933

Dan Eckhart Law has defended federal firearms trafficking prosecutions and straw purchase cases involving ATF interviews, Form 4473 purchaser records, cooperator testimony, and multi-defendant charging structures. Early intervention matters because the government's theory of the operation is often still forming as cooperators arrive, and that process directly affects what charges get filed.

Federal firearms trafficking prosecutions frequently run alongside parallel forfeiture actions targeting vehicles, cash, bank accounts, and the firearms themselves. Dan Eckhart served as a lead forfeiture prosecutor before transitioning to defense, and Dan Eckhart Law handles both the criminal case and the forfeiture proceedings.

Federal Firearms Penalties: How Prosecutors Stack Mandatory Prison Terms

A § 924(c) count adds a minimum mandatory sentence on top of whatever the underlying drug charge already requires, with no judicial discretion to run the two concurrently. A single count means at least five additional years of prison time. A second § 924(c) conviction means 25 more.

5-year minimum — Firearm carried during a drug trafficking offense, first offense. Consecutive.

7-year minimum — Firearm brandished. Consecutive.

10-year minimum — Firearm discharged. Consecutive.

25-year minimum — Second or subsequent § 924(c) conviction. Consecutive.

Prosecutors may add a § 924(c) count at the original indictment, in a superseding indictment, or use it as leverage in plea negotiations. Uncharged possession of a weapon can also increase the sentencing range through relevant conduct under the guidelines, even without a separate charge.

A § 924(c) count can sometimes be dismissed through plea negotiation, but receptiveness varies by district and by the strength of the government's underlying case. The pretrial posture, particularly suppression motions and challenges to the "in furtherance of" element, is usually what creates the leverage needed for that outcome.

Defense Strategy Against Federal Gun and Weapons Charges

Dan Eckhart evaluates every federal gun crime case across three tracks simultaneously: whether the firearm evidence can be challenged constitutionally, whether the government can prove the specific statutory elements, and what sentencing exposure looks like if the charge cannot be dismissed.

Fourth Amendment Suppression

If the firearm was discovered during a search that lacked a valid warrant or recognized legal exception, a motion to suppress can remove it from evidence entirely. Without the firearm, the government often cannot proceed on the charge. Protecting constitutional rights at the pretrial stage is one of the most consequential tools in federal firearms defense.

Challenging the Statutory Elements

For § 922(g), the defense can challenge whether possession of a firearm was actual or constructive, and whether the prior conviction qualifies as a disqualifying offense. For § 924(c), the defense can challenge whether the weapon was truly used "in furtherance of" the underlying criminal offense, based on its location, accessibility, and proximity to drugs or drug proceeds.

Sentencing-Phase Strategy

When dismissal is not achievable, the focus shifts to reducing exposure through the guidelines. Available tools include safety valve arguments for eligible defendants, substantial assistance motions under U.S.S.G. § 5K1.1 in cooperation cases, variance arguments, and mitigation packages. Federal sentencing advocacy is a distinct phase of the case, not a formality.

 

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Why Eckhart's Federal Background Matters

Eckhart spent 23 years in federal government service as a federal agent, a lead forfeiture prosecutor, and an Assistant U.S. Attorney in the Middle District of Florida before becoming an experienced criminal defense attorney. That background includes direct knowledge of how prosecutors decide what to charge, how they evaluate cooperation, and where their cases have weaknesses.

In a federal firearms case, this informs specific decisions: how a U.S. Attorney's Office is likely to respond to a suppression motion, where the "in furtherance of" element is weakest given the facts, and what a cooperation discussion is likely to produce before a client commits to it.

Nearly 1,000 federal court docketing entries across both sides of the courtroom, covering pretrial, trial, and sentencing in multiple federal districts.

Dozens of federal criminal trials, including suppression hearings, motions to dismiss, and evidentiary challenges that precede trial in federal firearms and weapons cases.

Admitted to practice before the U.S. Supreme Court, the Eleventh Circuit Court of Appeals, and multiple U.S. District Courts, plus the bars of Florida, Missouri, and Kansas (inactive).

Memberships: Federal Bar Association, National Association of Criminal Defense Lawyers (NACDL), Florida Association of Criminal Defense Lawyers (FACDL), and the Central District of Florida Bar Association.

Federal Firearms Defense: State and Federal Cases Nationwide

Eckhart has appeared in federal courts across the country, including the Southern District of Georgia, Northern District of Illinois, District of the Virgin Islands, Southern District of Texas, District of Columbia, District of Maryland, Southern District of Iowa, and the Eastern and Western Districts of Michigan, in addition to all three Florida federal districts.

Nationwide (Primary)
Any U.S. District Court where Eckhart is admitted. A client in Michigan, Texas, or Iowa faces the same federal system as a client in Florida.

Florida Statewide (Secondary)
All three Florida federal districts: Southern District (Miami, Fort Lauderdale), Middle District (Orlando, Tampa, Jacksonville), and Northern District (Tallahassee, Pensacola).

Orlando and Central Florida (Tertiary)
Orange, Seminole, Osceola, Lake, and Polk counties. Middle District of Florida federal courthouse.

Speak Directly with Dan Eckhart - Schedule a Consultation

There are no intake staff, no screening calls, and no intermediary. Prospective clients reach Eckhart directly by phone or text at his personal cell. For active arrests or emergencies, the office line at 407-276-0500 is available after hours and routes directly to him.

If you are facing criminal charges involving firearms or weapons, early contact with a federal criminal defense attorney can affect what happens at every stage of the case. Eckhart represents clients at initial appearances, federal detention hearings, and before grand juries in investigations that have not yet produced an indictment.

Initial consultation: In person in Orlando, by video for out-of-state clients, or by phone. No retainer required before the consultation.

Fee structure: Explained in full at the initial consultation.

Caseload: Approximately 20 active cases at any time, a ceiling that preserves the preparation time federal cases require.

Source of funds: Eckhart evaluates the source of retainer payment at retention. Funds subject to forfeiture or connected to the alleged conduct are not accepted.

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Frequently Asked Questions About Federal Firearms Defense

No. State and federal charges are separate proceedings governed by different laws, but the same conduct can trigger both. If federal investigators are involved or the facts connect to drug trafficking, prior felony convictions, or certain firearm types, federal prosecutors can bring their own case regardless of what happens in state court.

A misdemeanor weapons charge is prosecuted at the state level and typically carries shorter penalties under state law. A federal firearms offense is prosecuted in U.S. District Court and almost always carries mandatory minimum prison terms, consecutive sentencing, and no parole. The difference in sentencing exposure between the two is significant.

Yes. A person can be prohibited from possessing a firearm under federal law even if the firearm was lawfully purchased. Under 18 U.S.C. § 922(g), possessing a firearm after a qualifying felony conviction, regardless of when the gun was acquired or whether a permit exists, constitutes a federal offense. Concealed carry permits and state licenses do not override federal firearms prohibitions.

Stand Your Ground is a Florida law defense and does not apply in federal court. If a weapon is used in an act of self-defense and federal charges follow, the defense strategy shifts to federal statutory and constitutional frameworks. Florida gun law and federal firearm laws operate independently, and a defense that succeeds in state court does not automatically transfer to a federal proceeding.

Yes. The state of Florida and the federal government are separate sovereigns, and both can prosecute the same underlying conduct without it constituting double jeopardy. Being charged with a weapons crime in Florida does not prevent federal prosecutors from bringing their own case, and federal charges often carry substantially higher penalties than their state counterparts.

Second Amendment rights under the U.S. Constitution protect the right to keep and bear arms, but the Second Amendment to the U.S. Constitution does not bar all firearms regulations. Federal courts have consistently upheld statutes prohibiting certain individuals from possessing guns and other weapons, including § 922(g). Constitutional arguments are occasionally raised but rarely succeed as a standalone defense in federal firearms cases.

Federal law generally permits gun ownership and the right to carry a gun absent a disqualifying condition. Disqualifying factors include a prior felony conviction, domestic violence misdemeanor convictions, and certain other legal statuses. State concealed carry permits and concealed firearm licenses reflect state law, not federal law, and do not resolve a federal prohibition.

Contact a criminal defense attorney immediately and before speaking to law enforcement. The facts of your case, including what has already been said to investigators, can significantly affect the available defense options. An experienced criminal defense lawyer who handles federal weapons crimes can assess the investigation stage, identify exposure, and intervene before the government's theory of the case hardens.

Yes. Dan Eckhart Law is not a Florida criminal defense firm in the traditional sense. It is a federal defense practice that takes cases nationwide, and the geographic scope of federal firearm laws means a client facing weapons crimes in Michigan, Texas, or any other district has access to the same defense law approach as a client in Florida. Eckhart is admitted in federal courts across the country and travels to the client's jurisdiction for hearings and trial.

A prior felony conviction, including commission of a felony at the state or federal level, is the foundational element of an unlawful possession charge under § 922(g). The government must prove the prior conviction existed and that the defendant knowingly possessed a firearm. Whether that prior conviction qualifies under the statute, and whether it can be challenged, is an analysis Dan Eckhart Law conducts as part of every § 922(g) defense.

Yes, and in many federal firearms cases it is the most important point of contact. Pre-indictment representation allows a defense attorney to assess the investigation, identify constitutional issues, and in some cases engage with prosecutors before the charging decision is made. Contacting the law office of Dan Eckhart Law before an indictment is filed preserves options that are no longer available once charges are formally brought.