NATIONALLY RECOGNIZED FEDERAL LAWYERS
Can gun dealers go to prison for violations
|Thanks for visiting Spodek Law Group – we’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience. We’ve represented clients in high-profile cases that captivated national attention, including Anna Delvey’s trial that became a Netflix series, the Ghislaine Maxwell juror misconduct case, and others featured in major outlets like NY Post, Newsweek, Bloomberg, and Fox 5. If you’re reading this, you’re probably facing serious federal firearms charges – and you need answers from attorneys who’ve handled the stakes when they’re highest.
Can gun dealers go to prison for violations? Yes. Federal firearms licensees face criminal prosecution for willful violations – not just license revocation. Under 18 USC 924, knowingly violating firearms laws carries up to 10 years in federal prison and fines reaching $250,000. Recent cases from 2024 and 2025 show FFL dealers actually serving prison sentences ranging from 15 months to 4 years for violations like off-book sales, falsifying records, and illegal firearm trafficking.
The difference between losing your license and going to prison comes down to willfulness. Administrative errors might cost you your FFL – willful violations send you to federal prison.
What Violations Send Gun Dealers to Prison
Selling firearms off the books is a federal crime. Michael John Pellicione, 76, of Port St. Lucie, Florida, was sentenced to 15 months in prison in March 2025 for selling guns “off-the-books.” Text messages showed Pellicione advertising firearms with terms like “OTB” and “no paper.” He pleaded guilty to five counts of failure to keep proper records – and the judge didn’t care that he was 76 years old.
Falsifying records required by ATF regulations triggers criminal prosecution. It’s not a paperwork mistake prosecutors ignore. When you knowingly make false entries in your FFL records or fail to maintain required documentation, you’re committing a felony. The statute doesn’t distinguish between “a little fraud” and “a lot of fraud” – it’s all criminal conduct.
Trafficking firearms through straw purchases destroys your life. Cory Daigle, 30, of Revere, Massachusetts, received two years in federal prison in 2025 for firearms trafficking conspiracy. He pleaded guilty to trafficking in firearms, illegal possession of a machine gun, conspiracy to make false statements in FFL records, and aiding false statements. That’s multiple felonies stacked – typical of how federal prosecutors charge gun dealer cases.
Selling to unlicensed dealers for resale is serious. Jonathan Ludlow got four years in federal prison for selling firearms to unlicensed dealers who resold them. He also possessed an unregistered silencer – a separate NFA violation. Federal prosecutors don’t charge just one crime when they find a pattern of illegal conduct. They charge everything they can prove.
Criminal Prosecution vs. License Revocation
You can lose your FFL without going to prison – or you can lose your license AND serve federal time. The ATF has two paths: administrative action (revoking or suspending your license) and criminal referral to federal prosecutors.
Minor violations historically resulted in warnings or license suspensions. Serious violations – selling to prohibited persons, failing to conduct background checks, falsifying ATF Form 4473 records – trigger both license revocation and criminal prosecution.
The Biden administration’s “zero tolerance” policy dramatically increased FFL revocations between 2021 and 2024 – revocations jumped more than 500 percent. That policy was repealed in April 2025 under the Trump administration, with ATF Order 5370.1H formalizing the change on May 6, 2025.
But don’t misunderstand what this means. Criminal prosecution still happens for willful violations. The policy change affects administrative actions, not criminal referrals. Pellicione was sentenced in March 2025 – after the repeal. Federal prosecutors still charge gun dealers who knowingly break the law.
What “Willful” Actually Means
Willfulness determines whether you face prison time. Prosecutors must prove you knew you were breaking the law and did it anyway.
Text messages advertising “off the books” sales prove willfulness – that’s what convicted Pellicione. When you create written evidence showing you knew the sales were illegal, you hand prosecutors their case.
Ignoring ATF warnings proves willfulness. One unlicensed dealer received four years after ignoring an ATF cease-and-desist and selling over 1,300 firearms anyway. Refusing ATF inspections – not letting investigators enter your premises or inspect records – is a willful GCA violation that triggers revocation and potentially criminal charges.
Repeated violations after corrections prove willfulness. One violation might be a mistake. Five violations of the same requirement after ATF told you to fix it – that’s willful.
What Happens When ATF Investigates Your FFL
ATF compliance inspections can uncover violations that lead to criminal prosecution. During an inspection, Industry Operations Investigators review your ATF Form 4473 records, acquisition and disposition logs, bound book entries, and inventory. They’re looking for patterns – guns you can’t account for, sales without background checks, transfers to prohibited persons, falsified records.
If they find serious violations, they’ll refer your case to federal prosecutors. At that point you’re facing criminal charges, not just administrative penalties. Some dealers try to fix violations after inspection – that’s obstruction and falsifying records after the fact.
Sentencing for FFL Violations
Federal sentencing for gun dealer violations depends on the specific charges, the number of firearms involved, whether any guns were used in other crimes, and your criminal history. A 76-year-old dealer with no criminal history got 15 months for off-book sales. A 30-year-old dealer involved in trafficking and machine gun possession got 2 years. A dealer who sold to unlicensed dealers got 4 years.
Judges aren’t bound by federal sentencing guidelines after United States v. Booker – they can sentence below or above the range. Acceptance of responsibility reduces your offense level by 2 or 3 points, but you can’t fake it. If you plead guilty while blaming the ATF for targeting you, the judge won’t grant the reduction.
Substantial assistance can reduce your sentence if you cooperate with prosecutors and provide information about other illegal firearms activity. Some dealers testify about straw purchasers or trafficking networks. That cooperation cuts sentences significantly – but also makes you a witness in other federal cases.
When You Should Hire a Federal Defense Attorney
If the ATF has contacted you about an investigation, don’t wait. Federal firearms cases build slowly – by the time prosecutors indict you, they already have the evidence they need.
If you received an ATF inspection report with violations, get a lawyer before you respond. What you say to the ATF can become evidence in a criminal case. If federal agents executed a search warrant at your business or home, you need a defense attorney immediately. Search warrants mean prosecutors convinced a judge they have probable cause you committed federal crimes.
At Spodek Law Group – we’ve handled federal firearms cases where the stakes were enormous and the government’s case seemed overwhelming. Todd Spodek is a second-generation criminal defense lawyer who has successfully handled hundreds of federal cases – many of them cases other attorneys said were unwinnable.
We’re available 24/7 because federal investigations don’t wait for business hours. If you’re facing an ATF investigation or federal firearms charges, contact us before you talk to anyone else. What you say to investigators now determines whether you can fight these charges later.