Federal weapons trafficking charges arise when an individual is accused of illegally shipping, transporting, transferring, or otherwise disposing of firearms in interstate or foreign commerce. These charges carry severe consequences, including mandatory minimum prison sentences that can stretch for decades, substantial fines, and the permanent loss of firearm ownership rights.
If you are under investigation or have been charged, consulting a Federal Weapons Trafficking attorney as early as possible can be critical to protecting your rights and building a strong defense.
Federal Weapons Trafficking Criminal Laws
Federal firearms trafficking laws are primarily located in Title 18 of the United States Code. These federal regulations govern licensed manufacturers, licensed dealers, and individual firearms owners. Improper reporting, unlawful possession, distribution, transportation, or use of a firearm can result in a lengthy mandatory minimum Federal prison sentence. The following are among the most prevalent federal firearms statutes.
18 U.S.C. § 933 – Trafficking in Firearms
Added by the Bipartisan Safer Communities Act of 2022, 18 U.S.C. § 933 specifically targets firearms trafficking. Under this statute, it is unlawful for any person to:
- Ship, transport, transfer, cause to be transported, or otherwise dispose of any firearm to another person in or otherwise affecting interstate or foreign commerce, if such person knows or has reasonable cause to believe that the use, carrying, or possession of a firearm by the recipient would constitute a felony;
- Receive from another person any firearm in or otherwise affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would constitute a felony; or
- Attempt or conspire to commit the conduct described in (1) or (2).
Penalty: Any person who violates 18 U.S.C. § 933 shall be fined, imprisoned for not more than 15 years, or both.
Common Federal Firearm Offenses Related to Trafficking
Illegal Importing, Manufacturing, or Dealing in Firearms: 18 U.S.C. § 922(a)(1)
Under federal law, it is illegal for anyone except a licensed importer, manufacturer, or dealer in firearms to engage in those activities as a business and thereby affect interstate or foreign commerce.
Sale to a Prohibited Person: 18 U.S.C. § 922(d)
It is unlawful for any person to sell or give any firearm or ammunition to any person, knowing or having reasonable cause to believe that such person:
- Is a convicted felon
- Is a fugitive from justice
- Is an unlawful user of or addicted to any controlled substance
- Has been committed to any mental institution
- Is an illegal alien
- Has received a dishonorable discharge from the United States Armed Forces
- Has renounced U.S. citizenship
- Is subject to a restraining order
- Has been convicted of any domestic violence crime
Illegal Possession of a Firearm: 18 U.S.C. § 922(g)
Similarly, federal law prohibits the same categories of individuals listed above from possessing, in or affecting interstate or foreign commerce, any firearm or ammunition. A New York Federal Weapons Trafficking lawyer can help fight charges of illegal possession if a person has been incorrectly placed in one of these prohibited categories.
False Statements Regarding Firearms: 18 U.S.C. § 924(a)(1)
This statute makes it illegal for anyone to knowingly make any false statement or representation with respect to any records required to be kept regarding firearms, including any application, certification, authorization, or license.
Possession or Use of a Firearm in a Violent or Drug Trafficking Crime: 18 U.S.C. § 924(c)
Any person who, during and in relation to any crime of violence or drug trafficking offense prosecutable in federal court, uses, carries, or possesses a firearm shall be sentenced for the firearms offense in addition to any sentence for the underlying crime. Depending on the circumstances, this enhancement can add up to 25 years to any other sentence.
Types of Federal Gun Charges
Federal charges involving the illegal use, possession, transfer, shipping, and procurement of firearms are taken extremely seriously by judges and prosecutors. The following are the most frequently charged federal gun offenses:
- Felon in Possession of a Firearm, 18 U.S.C. § 922(g)
- Use or Carrying of a Firearm in Relation to a Crime of Violence or Drug Trafficking Offense, 18 U.S.C. § 924(c)
- Unlawful Gun Sales, 18 U.S.C. § 922(a)(1) and (2)
- False Statements with Regard to Firearms Purchases, 18 U.S.C. §§ 922(a)(6), 922(d), 924(a)(1)(A)
- Offenses Involving Stolen Firearms, 18 U.S.C. §§ 922(i)–(j); 924(a), (l)–(m)
- Possession and Sale of Firearms with Altered or Obliterated Serial Numbers, 18 U.S.C. § 922(k) and 26 U.S.C. § 5861
- Possession and Sale of Armor Piercing Ammunition, 18 U.S.C. §§ 922(a)(7), 924(c)(5)
- Unlawful Transfer or Possession of Machine Guns, 18 U.S.C. §§ 922(o), 924(c)(1)(B)
- Trafficking in Firearms, 18 U.S.C. § 933
New York Weapons Trafficking Laws
In addition to federal statutes, New York law imposes strict regulations on firearms under Penal Law Article 265.
Under New York law, it is illegal to:
- Possess a firearm with the intent to sell or transport without proper authorization
- Sell or transfer firearms without a license
- Transport weapons into the state without permission
Weapons trafficking-related charges in New York can include:
- First Degree Criminal Sale of a Firearm
- A Class B felony punishable by up to 25 years in prison
- Second Degree Criminal Sale of a Firearm
- Punishable by up to 15 years, depending on circumstances
- Third Degree Criminal Sale of a Firearm
- Typically charged as a felony with potential prison time and fines
Because federal and state authorities often work together, a single investigation can result in both federal and New York charges. Working with a New York Weapons Trafficking lawyer ensures that all aspects of your case are addressed.
Penalties and Consequences
Federal weapons trafficking convictions carry severe consequences, including:
- Long-term federal imprisonment, often with mandatory minimum sentences
- Fines of up to $250,000 per offense
- Sentence enhancements if firearms were used in connection with other crimes
- Loss of firearm ownership rights
- Additional penalties for related offenses such as drug trafficking or violent crimes
In some cases, firearm-related charges can add decades to an existing sentence. Understanding your potential exposure is essential, and a Federal Weapons Trafficking attorney can help you assess the risks based on your specific situation.
Understanding Firearms Ownership and Legal Obligations
Who Can Own a Weapon?
If you have never been convicted of a crime or been deemed a danger to society, you are likely allowed to own a gun. However, if you are a convicted felon or there is reason to believe you could pose a danger, your rights to gun ownership may be restricted either temporarily or permanently. Possession of an unregistered weapon can result in serious penalties including jail or prison time.
Can You Sell a Weapon to Another Person?
Having the right to own a gun is completely separate from your ability to sell one. First, the weapon must be properly registered to the new owner. Second, the new owner must be legally permitted to own a gun. Failing to confirm these requirements may expose you to weapons trafficking charges. If a gun you sold is later used in a crime, you could face charges ranging from illegal weapons transfer to accessories liability for the underlying offense.
What If I Thought the Transaction Was Legal?
Criminal law places significant emphasis on intent. You may not be charged with trafficking if you genuinely believed you were acting lawfully, for example, if the buyer presented proper identification and met the required criteria. A knowledgeable NY trafficking attorney can help you demonstrate good faith and challenge the prosecution’s evidence of criminal intent.
What If I Have a Legal Gun in My Car?
A firearm that is legal in another state may be illegal in New York City. If you are caught transporting a weapon that is legal in your home state but not in New York, it may increase the risk of a trafficking charge. However, as long as you did not intentionally transport the weapon with the intent to sell or commit a crime, there may be defenses available to you.
Defense Approaches in Federal Weapons Trafficking Cases
If you’re facing federal or state weapons trafficking charges, all hope is not lost. With the right team of experienced attorneys on your side, you have a genuine opportunity to fight back and protect your rights. The Fast Law Firm understands the complexities of these cases and uses its extensive knowledge to craft a defense strategy tailored to your situation. Some of the defense strategies available include:
- Challenging the search and seizure of evidence. If law enforcement obtained evidence against you through illegal methods, it may be possible to have it excluded from your case entirely under the Fourth Amendment.
- Questioning the validity of the evidence. We can challenge whether the weapons were actually in your possession or whether evidence was planted or mishandled by law enforcement officials.
- Challenging the legality of the stop or arrest. Police must follow strict rules when stopping and searching a person or their home. If those rules were violated, a court may find the search unlawful and the prosecutor may have no choice but to dismiss the case.
- Arguing lack of intent. The prosecution must prove you knowingly engaged in prohibited conduct. We can challenge whether you had the criminal intent required for a trafficking conviction.
- Negotiating a plea agreement. In some cases, we may be able to negotiate a reduced sentence or lesser charges in exchange for your cooperation with prosecutors.
No two criminal cases are alike. A weapons trafficking charge could result in decades, or even a lifetime, in federal prison. It is in your best interest to learn your rights and protect them immediately. You are under no obligation to answer questions from law enforcement, and anything you say can and will be used against you in court. Do not waive your legal rights before speaking with a Federal Weapons Trafficking attorney.
What To Do If You Are Charged
If you are facing federal weapons trafficking charges:
- Do not speak to law enforcement without legal counsel
- Do not consent to searches without a warrant
- Preserve any evidence that may support your defense
- Contact a qualified attorney immediately
Anything you say can be used against you, and early legal intervention can significantly impact the outcome of your case.
Contact a Federal Weapons Trafficking Criminal Attorney
If you or your loved one has been charged with federal weapons trafficking, you need experienced counsel immediately. Finding the right attorney can make the difference between a good outcome and a great one. The Fast Law Firm has a proven track record of successfully defending clients in New York federal and state criminal courts who have been charged with gun crimes, weapons trafficking, and other serious federal offenses.
Read our client testimonials to see what our clients say about our service. Contact us today to schedule your free 15-minute consultation.