Under the federal law, mere possession of a firearm when in the commission of a drug offense is a violation of the law. It is of no consequence that the gun was never displayed or used in the commission of the drug offense, just the fact it was on the premises where the drugs were allegedly being distributed would be sufficient for the offense to be charged and convicted. However, the cooperation would be grounds for the defense attorney to seek to have that charge dismissed by the US Attorney, but it is at the sole discretion of the US Attorney as to whether or not to do so.

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