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Do Gun Trafficking Charges Lead to Prison Time?
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Do Gun Trafficking Charges Lead to Prison Time?
Gun trafficking is a serious crime that often results in prison time if convicted. But how much time a defendant gets depends on many factors. This article will break down gun trafficking laws, typical penalties, and things that affect sentencing.
What is Gun Trafficking?
Gun trafficking refers to the illegal buying and selling of firearms. This includes people who buy guns legally then resell them illegally, as well as those who acquire guns illegally to begin with. Traffickers may sell guns to prohibited buyers like felons, smuggle guns across state or national borders, or sell guns without a license.
Federal law prohibits trafficking under 18 U.S.C. § 922. This law makes it illegal to transport, ship, receive, or sell guns across state lines or national borders with intent to commit a crime or avoid complying with state laws. It’s also illegal to deliver guns to someone who doesn’t reside in the trafficker’s state. Penalties under this law can include up to 5 years in federal prison.
Many states also have their own laws banning gun trafficking and straw purchases. These laws vary but often carry stiffer penalties than federal law, including lengthy mandatory minimum sentences.
Typical Penalties for Gun Trafficking
Like most crimes, sentences for gun trafficking depend on the specific circumstances. Factors like criminal history, number of guns trafficked, and state laws all affect potential penalties. But some general guidelines apply:
- Federal convictions often lead to 1-5 years in prison for first offenses. Longer sentences up to 10 years may apply for trafficking large quantities of guns across state lines.
- State mandatory minimums frequently require 3-5 years for gun trafficking. Some states impose even longer minimums of 10-15 years.
- Trafficking machine guns, assault weapons, or other dangerous firearms can add years to any sentence.
- Prior felonies or criminal history will also increase prison time under sentencing guidelines.
- Selling guns to prohibited buyers like minors or gang members is viewed as more serious.
- Trafficking as part of an organized operation brings longer sentences than acting alone.
In addition to prison time, those convicted of gun trafficking face fines up to $250,000 plus probation or supervised release.
Factors That Increase Prison Sentences
Several key factors often lead prosecutors to pursue longer sentences in gun trafficking cases:
- Number of guns – Trafficking dozens or hundreds of firearms leads to longer sentences than just a few.
- Profit motive – Selling guns for profit rather than personal use is viewed as more serious.
- Dangerous buyers – Selling to felons, gangs, drug traffickers, or other dangerous groups adds prison time.
- Type of guns – Machine guns, assault rifles, armor-piercing ammo, and other dangerous weapons increase penalties.
- Record keeping – Avoiding documentation looks like intent to distribute illegally.
- Criminal history – Prior felonies or trafficking offenses lead to sentencing enhancements.
Prosecutors point to factors like these in arguing for maximum or enhanced sentences under federal and state sentencing guidelines.
Defenses Against Gun Trafficking Charges
Fighting gun trafficking charges starts with understanding potential defenses that apply. Common defenses in trafficking cases include:
- Lack of intent – Argue the defendant didn’t knowingly or intentionally break the law.
- Entrapment – Claim police improperly induced the defendant to commit a crime.
- Duress – Argue the defendant only trafficked guns under threat of harm.
- False accusations – Challenge the credibility of informants or witnesses.
- Illegal search – Seek to suppress evidence from an unconstitutional search.
An experienced criminal defense lawyer can evaluate whether any of these defenses might apply in a particular case. The lawyer can also negotiate with prosecutors for reduced charges or sentencing recommendations.
Avoiding the Harshest Penalties
Once charged, the best way to avoid long mandatory minimums or sentencing enhancements is through a plea bargain. By pleading guilty in exchange for a lesser charge, defendants can often secure a much shorter prison term.
For example, pleading to general weapons charges instead of trafficking may limit the sentence to 1-2 years. Admitting responsibility and cooperating with prosecutors are also critical for getting the best deal possible.
In some cases, arguments for mitigating factors might persuade a judge to go below mandatory minimums at sentencing. Factors like having no criminal record, acting under duress, or playing a minor role in the trafficking can justify a more lenient sentence.
The Bottom Line
Gun trafficking is among the most serious weapons crimes around. While penalties vary between states, traffickers often face years in prison if convicted. Mandatory minimums, sentencing guidelines, and repeat offender laws mean lengthy prison terms are common.
Avoiding the harshest penalties requires skilled legal advocacy and negotiating for a favorable plea deal. But for most traffickers, some amount of prison time is likely given the serious dangers their crimes pose to communities.
At the end of the day, illegally trafficking firearms is a risky business that destroys lives and leads to violence. The potential prison sentences reflect the gravity of these crimes.
Citations
18 U.S.C. § 922 – Unlawful acts