Interstate Firearms Trafficking Federal Penalties and Investigations.

Thanks for visiting Federal Lawyers, a second-generation criminal defense firm managed by our lead attorney, with over 50 years of combined experience defending federal firearms trafficking cases throughout New York. Federal prosecutors dont mess around with gun trafficking. They use mandatory minimum sentences, the Armed Career Criminal Act, and career offender guidelines to push for decade-long prison terms. There's no parole in federal prison - you serve at least 85% of your sentence. And federal investigations involve wiretaps, multi-state surveillance, undercover operations, and cooperation between ATF, FBI, and local police across multiple jurisdictions.

Federal Statutes That Target Interstate Trafficking

The primary federal statute is 18 U.S.C. § 922, which makes various firearms-related conduct illegal. For trafficking cases, prosecutors focus on specific subsections.

§ 922(a)(1)(A) - Dealing Without a License

It's illegal to engage in the business of dealing firearms without a Federal Firearms License (FFL). The statute doesn't define how many sales make you a "dealer," but ATF and prosecutors argue that even 2-3 sales with intent to make profit qualifies. I've defended clients charged federally for selling four handguns over six months. Prosecutors claimed that proved they were "engaged in the business."

What "Engaged in the Business" Means

Federal regulations define it as "devoting time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit." But prosecutors apply it broadly. If you bought guns with the intent to resell for profit - even once or twice - they argue you're dealing.

§ 922(d) - Transferring to Prohibited Persons

Selling or transferring firearms to someone you know is prohibited - convicted felons, fugitives, drug users, domestic violence offenders - violates this statute. Penalties: up to 10 years per count. Prosecutors stack counts - one for each firearm transferred.

§ 924 - Penalties

This section sets the punishment. Dealing without a license under § 922(a)(1)(A) carries up to 5 years. But prosecutors add enhancements. If you have prior felony convictions, that triggers longer sentences. If trafficking involved 50+ firearms, the sentencing guidelines climb dramatically.

Mandatory Minimums That Destroy Lives

Federal firearms cases often trigger mandatory minimum sentences - meaning the judge has no discretion to go below that number no matter what mitigating factors exist.

Armed Career Criminal Act - 15 Years Mandatory