Criminal Defense Lawyers

Fighting Federal Firearms Trafficking Charges in the SDNY

Fighting Federal Firearms Trafficking Charges in the SDNY

Getting charged with federal firearms trafficking can be scary. The penalties are harsh, and the government seems to have endless resources. But with the right defense strategy, you can fight the charges and protect your rights. This article will walk you through the common charges, potential defenses, and tips for finding the best lawyer to represent you.

Understanding Federal Firearms Trafficking Laws

There are a few main laws used to prosecute firearms trafficking in federal court:

• Export Control Reform Act – prohibits exporting firearms without a license
• Arms Export Control Act – prohibits smuggling weapons out of the country
• Gun Control Act – prohibits transferring guns to prohibited persons
• National Firearms Act – regulates automatic weapons, silencers, etc.

Prosecutors often stack charges from these different laws. They may also charge conspiracy if multiple people were involved. Penalties can include years in prison, massive fines, and asset forfeiture.

Common Federal Firearms Trafficking Charges

Here are some of the most common federal charges used in firearms trafficking cases:

• Smuggling – Transporting firearms across state or national borders without proper paperwork. Up to 10 years in prison.
• Dealing Firearms Without a License – Selling guns regularly for profit without being a licensed dealer. Up to 5 years in prison.
• Straw Purchases – Buying guns on behalf of someone prohibited from owning them. Up to 10 years in prison.
• Possession of Unregistered NFA Firearm – Possessing an automatic weapon, silencer, etc. without proper registration. Up to 10 years in prison.
• Export Violations – Shipping firearms overseas without State Department approval. Up to 20 years in prison.
• Money Laundering – Disguising profits from illegal gun sales. Up to 20 years in prison.

Prosecutors often stack multiple charges with consecutive sentences, leading to decades behind bars.

Fighting Firearms Trafficking Charges in the SDNY

The Southern District of New York (SDNY) is known for aggressive prosecution of firearms offenses. But experienced defense lawyers know how to fight these charges:

• File motions to suppress evidence from illegal searches
• Challenge credibility of informants or cooperating witnesses
• Argue you didn’t know the guns would be re-sold or exported
• Show you had no intent to break the law if guns were for personal use
• Negotiate plea deals with probation or reduced charges
• Take cases to trial and argue reasonable doubt

An experienced NY gun crimes lawyer can analyze the evidence and build the strongest defense. Every case is different.

Finding the Best Lawyer for Your Federal Gun Case

Fighting complex federal charges requires an experienced lawyer. Look for a firm with specific expertise in SDNY firearms cases. Key credentials to seek out:

• 10+ years handling federal criminal cases
• Knowledge of gun laws and regulations
• Past experience as federal prosecutor
• Successful trial record
• Strong relationships with SDNY prosecutors

The lawyer should walk you through potential defenses and be honest about chances of success. Beware lawyers making unrealistic promises. Fighting federal prosecutors is an uphill battle.

The Benefits of an Effective Defense Lawyer

While every case is different, an experienced defense lawyer can often:

• Get charges dismissed pre-trial
• Suppress key evidence so case falls apart
• Negotiate plea deal with no prison time
• Argue for probation instead of years in prison
• Avoid harsh gun charge enhancements
• Reduce multi-count indictments to single charge

Even if the case goes to trial, a skilled lawyer can raise doubt and win an acquittal. The stakes are high, so it pays to have the best representation.

Don’t Wait to Get Help

The earlier you engage a lawyer, the better. Prosecutors tend to offer more lenient plea deals pre-indictment. Your lawyer can start investigating flaws in the case and negotiate with prosecutors before charges are even filed.

Don’t go it alone against the power of the federal government. Hire an experienced SDNY gun crimes attorney to protect your rights and future.

With an effective defense, you can avoid harsh penalties – even for serious trafficking charges. But you need to be proactive. Contact a seasoned gun defense lawyer today.