Can you go to prison for organized gun trafficking

| by Max Soni

Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience handling federal criminal cases that others say can’t be won. You’ve probably heard about some of our most famous cases – Todd Spodek represented Anna Delvey in the case that became a Netflix series, we handled the Ghislaine Maxwell juror misconduct matter, and we’ve defended clients in the Alec Baldwin stalking case. If you’re reading this, you’re likely facing serious federal charges – and organized gun trafficking is as serious as it gets.

Yes, you can absolutely go to prison for organized gun trafficking, and the sentences are severe. Federal prosecutors treat gun trafficking operations like organized crime – because that’s what they are. When ATF and DOJ investigate gun trafficking rings, they’re not looking at isolated gun sales. They’re building conspiracy cases, RICO cases, cases that can put you away for decades. Between 2017 and 2021, ATF documented nearly 230,000 firearms trafficked in 7,779 investigations. The feds don’t mess around with this.

Gun trafficking isn’t just about selling guns illegally. It’s about the structure – the organization, the conspiracy, the pattern. That’s what makes prison time inevitable if you’re convicted.

Federal Gun Trafficking Charges Stack Fast

Dealing firearms without a license carries up to 5 years in federal prison. That’s the starting point. But organized trafficking operations face much worse because prosecutors layer charges. Firearms trafficking itself – that’s 15 years maximum under 18 USC 932. Conspiracy to traffic firearms, another charge. Using firearms in furtherance of drug trafficking, that’s a mandatory 5-year sentence that runs consecutive to everything else, meaning it gets added on top of your other prison time.

In March 2025, David Morris was charged with trafficking 47 firearms from Georgia to Manhattan. He faces unlicensed dealing (5 years max), firearms trafficking (15 years max), and using firearms in drug trafficking (mandatory 5 years minimum, up to life). Those charges don’t run together – they stack. One defendant, multiple charges, decades of exposure.

We’ve seen this pattern in hundreds of federal gun cases. Prosecutors love stacking charges because it creates leverage. They want you to plead guilty, to cooperate, to give up your co-conspirators. The more charges they pile on, the more pressure you feel.

RICO Turns Gun Trafficking Into 20-Year Exposure

When your gun trafficking operation involves multiple people working together over time, federal prosecutors can charge RICO conspiracy. Racketeer Influenced and Corrupt Organizations Act – it was designed for the mafia, and now it’s used against gun trafficking rings. RICO conspiracy alone carries up to 20 years in federal prison, plus fines up to $250,000.

In February 2025, the final defendant in South Carolina’s largest RICO conspiracy case was sentenced. The Insane Gangster Disciples case involved gun trafficking, drug trafficking, and violence. The leader got life in prison. Other members got 30 years, 35 years. Over 130 firearms were seized during that investigation. That’s what organized gun trafficking looks like to federal prosecutors – it looks like organized crime.

In June 2025, five members of the Highs street gang in Minneapolis were convicted of RICO conspiracy involving gun trafficking and drug sales. Over 40 defendants were charged. These aren’t small cases. When ATF and the FBI investigate gun trafficking organizations, they’re building massive conspiracy cases with dozens of defendants, hundreds of firearms, years of prison time.

RICO charges change everything. You’re not just responsible for the guns you personally sold – you’re responsible for the entire conspiracy. Every firearm trafficked by anyone in the organization becomes part of your sentencing calculation. That’s how defendants with no violent criminal history end up facing 15, 20, 25 years.

Mandatory Minimums Eliminate Judicial Discretion

Federal gun trafficking cases often trigger mandatory minimum sentences, and judges have no choice but to impose them. Armed Career Criminal Act – if you have three prior felonies for violent crimes or drug trafficking, the mandatory minimum is 15 years without parole for being a felon in possession of a firearm. No exceptions, no judicial discretion, 15 years minimum.

Using a firearm during drug trafficking, that’s a 5-year mandatory minimum consecutive sentence. Second offense under the same statute, 25-year mandatory minimum. These sentences don’t run concurrent with your other charges – they run consecutive, stacked on top.

In a 2025 gun smuggling case involving firearms trafficked to Mexico, Esteban Rios Reyes and Alex Santos Lopez received 87 and 90 months respectively for leading the trafficking ring. Three other co-conspirators got 54 to 57 months. None of them got probation. None of them avoided prison. Gun trafficking to Mexico is a major focus for ATF right now – five U.S. to Mexico pipelines accounted for 32% of all recovered crime guns traced to a purchaser, with Arizona to Sonora being the most dominant route.

Mandatory minimums mean the judge’s hands are tied. Even if you cooperate, even if you have no prior record, even if the judge thinks the sentence is too harsh – the law requires prison time. That’s why these cases are so dangerous.

Defense Strategies That Actually Work

If you’re under investigation for gun trafficking – if ATF agents have contacted you, if you’ve been subpoenaed, if co-conspirators have been arrested – you need a federal criminal defense attorney immediately. Not after you’re charged. Not after you’re indicted. Now.

Many of the cases we’re famous for handling at Spodek Law Group are cases others said were unwinnable. We’ve defended clients in federal firearms cases, conspiracy cases, RICO cases. Our managing partner Todd Spodek is a second-generation criminal defense lawyer with many, many years of experience handling federal prosecutions. We have former federal prosecutors on our team who understand exactly how the government builds these cases, what evidence they need, where the weaknesses are.

Federal gun trafficking cases are won or lost based on what happens early. Can the government prove you were part of a conspiracy? Can they show you knew the firearms were being trafficked illegally? Can they establish the organization element for RICO charges? These are questions your attorney needs to attack before trial, through motions to suppress evidence, motions to dismiss charges, challenges to witness credibility.

Cooperation is another option, but it’s complicated. Providing substantial assistance to prosecutors can reduce your sentence significantly – but it also means testifying against co-conspirators, wearing a wire, becoming a government witness. You need an attorney who can evaluate whether cooperation makes sense for your specific situation, what kind of sentence reduction you can realistically expect, what risks you’re taking.

At Spodek Law Group, we’re focused on getting you the best possible outcome – whether that’s dismissal of charges, acquittal at trial, reduced charges through negotiation, or the lowest possible sentence if conviction is unavoidable. Unlike other law firms who prioritize their relationships with prosecutors and judges, our loyalty is to you. We’ve represented clients in cases that generated national media coverage – featured in the New York Post, Newsweek, Bloomberg, Fox 5. We know how to handle high-stakes federal prosecutions.

Can you go to prison for organized gun trafficking? Yes – and the sentences are measured in decades, not years. But every case has defenses, every prosecution has weaknesses, and every defendant deserves an attorney who will fight. That’s what we do.