Federal Firearms Trafficking Charges Under 18 USC 922, 924, 932, and 933: New 2022 Laws

Federal Firearms Trafficking Charges Under 18 USC 922, 924, 932, and 933: New 2022 Laws

So your probably facing federal firearms trafficking charges and your ABSOLUTELY SHOCKED because you thought private gun sales were legal. Maybe you sold firearms at gun shows or online. Maybe there’s allegations you purchased guns for someone else who couldn’t buy them. Or maybe prosecutors claim your firearms sales made you dealer without license. Look, we get it. Your COMPLETELY OVERWHELMED by these charges. And you should be! Because firearms trafficking under NEW 18 USC 933 carries 15 YEARS in federal prison and Bipartisan Safer Communities Act passed in 2022 created FIRST-EVER federal gun trafficking and straw purchase crimes with harsh penalties – and ATF’s 2024 rule dramatically expanded who qualifies as dealer requiring license!

What Are Federal Firearms Trafficking Laws?

Let me explain the NEW laws passed in 2022 that criminalized conduct that wasn’t federal crime before. Bipartisan Safer Communities Act signed June 25, 2022 created FIRST specific federal gun trafficking and straw purchase offenses! Before 2022, no dedicated federal firearms trafficking statute!

The Act added TWO new crimes: Section 932 (straw purchases) and Section 933 (firearms trafficking)! Both carry up to 15 years imprisonment – significantly higher than previous penalties! Represents major expansion of federal gun prosecution authority!

Here’s what’s really scary – since law took effect October 31, 2023, over 300 defendants have been charged with gun trafficking or straw purchases! Feds prosecuting aggressively! Over 1,500 firearms seized in first year!

Existing laws still apply too! Section 922(a)(1)(A) prohibits dealing firearms without Federal Firearms License (FFL)! Section 924 sets penalties! Multiple overlapping statutes create complex web of gun crimes!

What Is Firearms Trafficking Under 18 USC 933?

NEW crime created by 2022 Act targeting interstate gun trafficking!

Section 933 criminalizes knowingly purchasing, receiving, disposing of firearms KNOWING or having reasonable cause to believe they’ll be transferred to prohibited persons or used in crimes! Trafficking means acquiring guns to illegally distribute to those who can’t legally possess them!

Elements prosecutors must prove: (1) knowingly engaged in purchasing, disposing, or transferring firearms (2) knowing or having reasonable cause to believe (3) firearms would be transferred to prohibited person OR used to commit crime! All three elements required for conviction!

“Prohibited person” means anyone barred from possessing firearms! Felons, domestic violence misdemeanants, fugitives, drug users, illegal aliens! If you knew or should have known buyer was prohibited, that’s trafficking!

Penalties: up to 15 years imprisonment! If trafficking involves three or more firearms in single transaction OR five or more in series of transactions, enhanced penalties apply! Organized trafficking operations face decade-plus sentences!

“Reasonable cause to believe” is LOWER standard than “knowing”! If circumstances should have alerted you that guns were going to prohibited persons, satisfied element even if didn’t actually know! Willful blindness qualifies!

What Are Straw Purchases Under 18 USC 932?

NEW separate crime for buying guns on behalf of prohibited persons!

Section 932 criminalizes knowingly purchasing or conspiring to purchase firearm for someone you know or have reasonable cause to believe is prohibited person! Straw purchase is when person who can legally buy gun purchases it for person who cannot!

Classic straw purchase scenario: girlfriend with clean record buys gun for boyfriend who’s felon! Boyfriend gives her money, tells her what gun to buy, she fills out forms claiming it’s for herself! When actual buyer is prohibited person and straw purchaser falsely claims gun is for them, that’s 932 violation!

Must prove straw purchaser knew or should have known actual buyer was prohibited! If your cousin who’s felon asks you to buy gun for him, you know he’s prohibited – that’s straw purchase! Reasonable cause to believe sufficient – don’t need actual knowledge!

Penalties: up to 15 years imprisonment! Same maximum as trafficking! Represents HUGE increase from prior penalties for false statements on ATF forms! Previous max was 10 years – now 15!

Conspiracy to commit straw purchase also criminalized! Just agreeing to make straw purchase is separate crime even if purchase never completed! Planning alone is prosecutable!

What Is Dealing Without License Under 922(a)(1)(A)?

Long-standing prohibition that ATF dramatically expanded in 2024!

Section 922(a)(1)(A) makes it crime to engage in business of dealing firearms without FFL! Unlawful for any person except licensed dealer to engage in business of dealing firearms! Penalty: up to 5 years imprisonment!

Critical question: what does “engaged in business” mean? Person who devotes time, attention, and labor to dealing firearms as regular course of trade or business with principal objective of livelihood and profit! Not just occasional sales!

But ATF’s May 2024 rule DRAMATICALLY expanded definition! New rule says you’re engaged in business if you sell guns with objective of PREDOMINANTLY earning profit – not necessarily earning LIVELIHOOD! Massive change!

Under new rule, even 2-3 sales with profit motive can qualify as dealing! Buying guns to resell at markup? Dealing! Regularly selling from personal collection at profit? Could be dealing! Number of sales isn’t determinative – profit motive is key!

ATF study found unlicensed dealers source of over 68,000 illegally trafficked firearms from 2017-2021! Most common gun trafficking channel! New rule targets private sellers operating like dealers!

Exceptions exist for GENUINE private sales! Selling guns from personal collection without profit motive isn’t dealing! Occasional sales, inheritances, gifts to family – not dealing! But line is fuzzy now!

What About Interstate Firearms Sales?

Additional violations for selling guns across state lines!

Section 922(a)(5) prohibits interstate sales by non-dealers! Unlawful for person who isn’t FFL to transfer firearm to person in another state! Private citizens can’t sell guns to out-of-state buyers!

Only licensed dealers can sell guns interstate – and even they must transfer through FFL in buyer’s state! Gun purchased online from dealer must ship to FFL in your state who conducts background check!

Violating interstate transfer rules: up to 5 years imprisonment! Prosecutors stack interstate violation with trafficking charges! Trafficking guns across state lines? That’s 933 trafficking (15 years) PLUS 922 interstate violation (5 years)!

Gun shows create interstate problems! Person from one state selling at gun show in another state to buyers from third state violates interstate rules! Common prosecution scenario!

What Are Penalties Under Section 924?

Enhanced penalties for various firearms violations!

Standard dealing without FFL: 5 years maximum under 924(a)(1)(D)! Multiple sales as business without license!

False statements on ATF Form 4473: 10 years maximum! Lying about being actual buyer, your criminal record, your address – all prosecutable! Commonly charged in straw purchase cases!

Section 924(c) mandatory minimums for using gun during crime! Using or carrying firearm during drug trafficking or crime of violence: 5 years mandatory consecutive! Brandishing: 7 years! Discharging: 10 years!

Second 924(c) offense: 25 years mandatory consecutive! Prosecutors stack multiple 924(c) counts to build 30, 40, 50 year sentences! Each gun during each crime is separate count!

Trafficking with aggravating factors: if trafficking involves organized criminal activity, three or more firearms, pattern of violations – enhanced penalties! Guidelines add levels for role in offense, amount of firearms, sophisticated means!

What Are Common Firearms Trafficking Scenarios?

Wide range of conduct now prosecuted federally!

Gun show sales without FFL! Person regularly buying and selling firearms at gun shows for profit without license! Under new ATF rule, even small-scale gun show dealers need FFL! Profit motive makes you dealer!

Online firearms sales! Selling guns on forums, social media, classified sites! If repeatedly selling firearms online for profit, need FFL! New rule targets online gun sellers!

Straw purchases for criminals! Clean-record girlfriend buying guns for gang member boyfriend! Family member purchasing for felon relative! Over 80 defendants charged under new 932 straw purchase law in first year!

Trafficking to prohibited persons! Knowingly selling firearms to convicted felons, domestic abusers, drug users! If you should have known buyer was prohibited – reasonable cause to believe – that’s trafficking!

Interstate trafficking rings! Buying guns in states with lax laws, transporting to states with strict laws, selling at markup! Iron Pipeline from Southern states to Northeast cities! Multi-state operations!

Trafficking to drug organizations! Supplying firearms to cartels, gangs, drug trafficking groups! Enhanced penalties when trafficking supports drug crimes!

What Are Defenses to Firearms Trafficking Charges?

Several defenses exist but new laws are broad!

Not engaged in business defense! If sales were truly occasional from personal collection without profit motive, not dealing! Selling inherited guns, thinning collection, gifting to family – genuine private sales don’t require FFL! Must show no regular course of business!

No knowledge buyer was prohibited! For trafficking and straw purchase charges, must prove you knew or should have known! If buyer seemed legitimate and you had no red flags suggesting they were prohibited, lacks knowledge element!

Isolated transactions defense! Single sale or few sales over years doesn’t constitute dealing! Must show pattern of sales as business! Though new ATF rule makes this harder!

No profit motive! If selling at loss or break-even to liquidate collection, not dealing! Profit objective is key to dealing definition! We establish sales weren’t to make money!

Entrapment defense! If ATF undercover agents induced sales you wouldn’t otherwise make, entrapment may apply! Sting operations sometimes create crimes rather than detect existing dealers!

Challenge “reasonable cause to believe” element! For trafficking, government must prove you should have known buyer was prohibited! If buyer gave no red flags, didn’t mention criminal record, seemed legitimate – may lack reasonable cause!

Why Firearms Trafficking Defense Requires Specialized Gun Law Attorneys

Look, we’re not your typical lawyers who don’t understand NEW 2022 trafficking laws and ATF’s 2024 rule changes. We’re former federal prosecutors who know EXACTLY how to challenge “engaged in business” claims and “reasonable cause to believe” elements!

We understand how to prove sales were private not dealing! We know when knowledge of prohibited status is lacking! We can establish isolated transactions defense! Most importantly, we challenge ATF’s expansive new interpretations!

Other lawyers don’t understand 2024 rule changes! They miss defenses to NEW trafficking and straw purchase charges! Their ignorance leads to convictions for conduct that wasn’t even federal crime before 2022!

Call us RIGHT NOW at 212-300-5196
ATF using undercover operations and gun show stings!
Former federal prosecutors – Firearms trafficking specialists – Available 24/7!

Don’t speak to ATF about firearms sales without experienced gun law counsel! They’re investigating whether you’re dealing without license! Every statement about number of sales, profit, business operations becomes evidence! Assert your rights and call us IMMEDIATELY!

Remember – federal firearms trafficking charges aren’t just about professional gun dealers, there about NEW 2022 laws and 2024 rules that criminalize conduct that was legal before. Two firearms sales with profit motive, one straw purchase for friend, one sale to person you should have known was prohibited can mean 15 years in federal prison. You need someone who understands both new trafficking laws AND ATF rule changes. Call us NOW before firearms sales become federal trafficking case!