Can you go to prison for stealing guns

| by Max Soni

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We have over 40 years of combined experience handling federal firearms cases, and we’ve represented clients in some of the most high-profile criminal cases in the country. You might have seen our work on Netflix – Todd Spodek represented Anna Delvey in the case that became “Inventing Anna.” We’ve also handled the Ghislaine Maxwell juror misconduct case and represented clients in matters involving allegations like stalking Alec Baldwin. If you’re facing federal gun charges, you need attorneys who’ve actually won cases the government thought were unwinnable.

Yes – you can absolutely go to prison for stealing guns. This isn’t some minor theft charge that gets pleaded down to probation. Federal law treats gun theft as a serious felony, and federal prosecutors are aggressive about charging these cases. Under 18 U.S.C. § 922, stealing firearms carries up to 10 years in federal prison, and that’s true whether you steal one gun or fifty guns, whether you break into a gun store or steal from someone’s home. The value of the gun doesn’t matter – federal law criminalizes the theft itself because stolen firearms create massive public safety problems.

People don’t realize how fast these cases become federal. You might think stealing guns is just state burglary or theft – but the moment those guns crossed state lines at any point in their history, federal jurisdiction kicks in. Between 2019 and 2023, nearly 1.1 million firearms were reported stolen in the United States. Federal agents track gun thefts obsessively because stolen guns show up in violent crimes, and they show up fast. According to ATF data, pistols stolen from federal firearms licensees or interstate shipments were used in shootings more than one year faster than non-stolen pistols. That’s why federal prosecutors treat gun theft like a public safety emergency.

What the Federal Law Actually Says

Two provisions in 18 U.S.C. § 922 cover stolen firearms. Section 922(i) makes it illegal to transport or ship stolen firearms in interstate commerce. Section 922(j) makes it illegal to receive, possess, conceal, store, sell, or dispose of any stolen firearm that moved in interstate commerce – and you have to know or have reasonable cause to believe the gun was stolen. The penalties are identical: up to 10 years in federal prison.

There’s also 18 U.S.C. § 922(u), which specifically targets theft from federal firearms licensees – that’s gun stores, pawn shops, any business with an FFL. Breaking into an FFL and stealing guns is treated even more seriously because when licensed dealers get hit, dozens of guns hit the streets at once.

Real cases show what “up to 10 years” actually means. In 2017, three men broke into a Cabela’s in Thornton, Colorado at 2:05 in the morning and stole 56 firearms. All three were sentenced to federal prison. Kendall Crockett got 80 months – that’s six years and eight months. Giavanni Miles got 70 months. Darnell Hudgens got 57 months, almost five years. And all three were ordered to pay $107,558.61 in restitution to Cabela’s. These weren’t career criminals with long rap sheets – they were young guys in their early twenties.

Portland, Tennessee, Missouri – similar cases with 40-plus guns stolen from FFLs. Every single one went federal. Every defendant faced years in prison.

Why Federal Prosecutors Go So Hard on Gun Theft

Federal prosecutors don’t treat gun theft like ordinary property crime. Stolen guns fuel violence – they end up in the hands of people who can’t legally buy firearms, they’re used in robberies and shootings, they’re trafficked across state lines. The ATF’s firearms trafficking report shows that between 2017 and 2021, over 11,000 crime guns were linked to FFL thefts. When you steal guns, you’re not just taking someone’s property – you’re arming dangerous people.

According to the U.S. Sentencing Commission, 97.7% of defendants convicted under Section 922(g) firearms violations were sentenced to prison in fiscal year 2024. Not probation, not home confinement – actual prison. The average sentence imposed was 71 months, just under six years. Federal judges send gun offenders to prison, and they send them for years.

The ATF investigates these cases relentlessly. When guns are stolen from an FFL, federal agents get involved immediately. They trace every firearm, they review surveillance footage, they interview witnesses, they track where the guns went. If you sold the stolen guns to someone else, that’s firearms trafficking – more charges, more prison time. If you’re a prohibited person and you possess stolen firearms, the prosecutors stack charges. Felon in possession plus stolen firearms equals a decade or more in federal prison.

The Charges Stack Up Fast

Gun theft cases rarely involve just one charge. You break into a gun store – that’s burglary, that’s theft of firearms from an FFL, and if you damaged property getting in, that’s additional counts. You transport the stolen guns across state lines – that’s interstate transportation of stolen firearms. You sell some of the guns – now you’re dealing firearms without a license, possibly trafficking. Each charge carries its own prison time, and federal prosecutors stack them.

Sentencing depends on your criminal history and the offense level under the Federal Sentencing Guidelines. Prior convictions increase your range. Large numbers of firearms increase the level. Selling to gang members or prohibited persons – expect enhancements. If you used the stolen guns in another crime, you’re looking at mandatory minimums under 18 U.S.C. § 924(c) – consecutive sentences that run after your other time.

Acceptance of responsibility can help. Plead guilty early, don’t make the government prove their case at trial, and you can get a two or three-level reduction – that shaves years off your sentence. Cooperation matters too. Tell prosecutors who you sold the guns to, help them recover stolen firearms, testify against co-defendants – the government can file a 5K1.1 motion for a sentence below the guideline range. We’ve seen sentences cut in half through cooperation.

Defense Strategies in Federal Gun Theft Cases

Federal gun cases are defensible, but you need a lawyer who understands federal firearms law and federal sentencing. In possession cases, the key question is knowledge – did the government prove you knew the gun was stolen? If there’s no evidence you knew – no filed-off serial numbers, no statements you made, no suspicious circumstances around how you got the gun – we can fight the knowledge element.

In theft cases, identity matters. Can they prove you’re the person who stole the guns? The Cabela’s defendants were caught on surveillance video, but not every case has clear evidence. Chain of custody is critical – can they prove these specific firearms are the ones that were stolen?

Sentencing is where we win cases even when the evidence is strong. We’ve negotiated plea agreements that eliminated the most serious charges. We’ve argued for downward departures based on mental health, addiction, family circumstances. Federal sentencing is complicated – dozens of adjustments and departures affect your guideline range, and most defendants don’t know they exist. That’s where experience matters.

If you’re facing federal gun theft charges, you need to act fast. The earlier we get involved, the more options you have. Federal firearms cases are serious – 10 years in prison is real, and federal sentences mean you serve at least 85% of whatever time you get. There’s no parole in federal prison. Don’t talk to the ATF or federal agents without a lawyer. Anything you say will be used against you, and we’ve seen too many cases where a defendant’s own words were the strongest evidence at trial. Call us – we’re available 24/7, and we’ll start working on your case immediately.