Federal Interstate Gun Trafficking: Transporting Firearms Across State Lines.

Crossing state lines with a firearm is not, in and of itself, federal gun trafficking. Federal law does not criminalize every instance of a lawful interstate movement of a personally owned firearm. However, crossing state lines can be considered trafficking in certain scenarios. There are several statutes that address these scenarios. One is 18 U.S.C. Section 924(b), which addresses federal interstate firearm transportation in two situations:

• Transporting a firearm across state lines with the intent that the firearm will be used to commit an offense punishable by imprisonment for a term exceeding one year, and,
• Transporting a firearm across state lines with the knowledge (or having reason to know) that another person will likely use the firearm to commit an offense punishable by imprisonment for a term exceeding one year.

18 U.S.C. Section 924(b) allows for up to ten years of federal imprisonment. Another pertinent statute, 18 U.S.C. Section 933, is a separate offense that addresses federal interstate firearm trafficking specifically when the firearm is knowingly transferred to a prohibited recipient. It is also possible for federal liability for interstate gun trafficking to stem from dealing in firearms, while failure to comply with the requirements for safe transport across state lines may affect whether Section 926A protects the transportation. If you are being targeted in a federal firearms case, your best defense is to focus on these distinctions as soon as possible. This means you will want to engage a dedicated, high-caliber federal defense lawyer to argue not just that you crossed state lines with a firearm, but that the situation does not meet the definition of trafficking in any of these cases. At Spodek Law Group, our federal firearms lawyers and trial consultants can work together to provide you with a comprehensive defense strategy designed to steer the investigation away from charges and toward a positive resolution.

When Does an Interstate Private Sale Become Federally Unlawful?

Interstate private firearm sales have additional rules to follow. The government uses these rules to identify individuals who, in its view, may be involved in federal firearms offenses like trafficking. When it comes to interstate private sales, you can face federal charges when:

You Are Involved in Federal “Dealing”

Under 18 U.S.C. Section 922(a)(1)(A), the federal government prohibits unlicensed individuals from “engaging in the business” of selling or shipping firearms (or the frames or receivers for firearms). If you are being targeted in a federal investigation involving interstate gun sales, this is one possible (and extremely common) theory the government may use to prove criminal liability. Federal law defines “engaging in the business” in terms of three key factors. Under 18 U.S.C. § 921(a)(21)(C), a person is engaged in the business as a firearms dealer when the person devotes time, attention, and labor to dealing in firearms as a regular course of trade or business to predominantly earn a profit through the repetitive purchase and resale of firearms.

You Unlawfully Receive a Firearm

When you take delivery of a firearm acquired from another state, you will want to keep 18 U.S.C. Section 922(a)(3) in mind as well. This provision prohibits unlicensed persons from transporting into or receiving in the State where the person resides any firearm purchased or otherwise obtained outside that State.

In order for a licensed dealer to transfer a rifle or shotgun to a nonresident, the dealer must first be satisfied that the firearm may be legally possessed in the recipient’s state. Unlicensed parties must take precautions as well, and if an unlicensed party receives a firearm, the evidence of that receipt can be used to establish liability.

You Unlawfully Transfer a Firearm

18 U.S.C. Section 922(a)(5) prohibits unlicensed individuals from transferring firearms across state lines to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who does not reside in the transferor's State. Unlicensed individuals can be arrested for transferring guns to recipients within their own states and to recipients outside their states. Federal prosecution is most likely to proceed in cases involving suspected “dealing” and other types of criminal liability as well.

Which Prohibited Recipients Create Section 933 Trafficking Risk, and Can Relief Restore Firearm Rights?

The following sections of federal law identify specific types of prohibited recipients. Transferring a firearm across state lines to any individual whose status falls within one of the categories listed below is subject to Section 933 when the transferor knows or has reasonable cause to believe that the recipient's use, carrying, or possession would constitute a felony, and unlawful interstate transfers involving these individuals can lead to criminal liability.

18 U.S.C. Section 922(g)(1)

Section 922(g)(1) covers “felons.” If you have a conviction for a qualifying felony under state or federal law, that will typically create a federal firearm disability. This prohibition does not automatically cease to apply after ten years, and in most cases, it does not apply because of an actual discharge of sentence. However, a qualifying expungement or set-aside, pardon, or other form of rights restoration may alter, and may terminate, a Section 922(g)(1) disability.

18 U.S.C. Section 922(g)(9)

Section 922(g)(9) covers persons convicted of a misdemeanor crime of domestic violence, as defined in 18 U.S.C. § 921(a)(33).

18 U.S.C. Section 922(g)(8)

Section 922(g)(8) covers “(8) who is subject to a court order that- (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; (B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and (C) (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury;” in relation to “intimate partners” or their children. A Section 922(g)(8) disability applies only when the order satisfies the statute’s notice, hearing, restraint, and subsection (C) requirements; it is not triggered by domestic violence, stalking, or sexual abuse allegations alone.

18 U.S.C. Section 922(g)(4)

Section 922(g)(4) covers individuals who have been adjudicated as a mental defective or committed to a mental institution. Section 922(g)(3) covers individuals who are unlawful users of or persons addicted to any controlled substance. Additionally, Section 922(g)(6) covers those who are “dishonorably discharged from the Armed Forces.”

How Can Section 926A Protect Compliant Interstate Firearm Transport?

Section 926A provides a statutory protection in certain interstate firearm-transportation cases involving conflicting state laws; it is not a general defense to federal trafficking offenses. Specifically, it protects the transportation of certain firearms across state lines when the owner can prove that possession was lawful at both the starting point and destination point. However, this protection only applies if the qualifying firearm is:

• Unloaded; and,
• Neither the firearm nor any ammunition is readily accessible or directly accessible from the passenger compartment.

The specific requirements for “safe transport” under Section 926A(b) include transporting the firearm in a locked container, other than the glove compartment, and ensuring that the firearm remains inaccessible from the passenger compartment. These regulations present significant compliance challenges. In interstate gun trafficking cases, proving strict compliance is the only way to receive Section 926A’s protection.

If you have been targeted in an interstate gun trafficking investigation, another important consideration is the issue of travel interruptions. In other words, if you need to stop during your interstate travels, how will this impact Section 926A’s protection? The answer varies based on the federal circuit to which your case is assigned. The courts are split on the issue, and the extent to which travel interruptions are protected differs. In any scenario involving an interstate gun trafficking investigation, it will be important to address this issue as soon as possible. At Spodek Law Group, our federal defense lawyers and investigators represent clients in federal firearm cases. We can provide the legal representation and strategic insight you need to effectively fight the government’s attempts to impose criminal liability. We believe that you deserve a comprehensive and custom-tailored defense, one that targets the government’s evidence while simultaneously focuses on achieving a favorable resolution without a trial.

What Do Federal Transfer Records, Denials, and Acquisition Statements Actually Prove?

1. Federal Transfer Records

Licensed dealers are generally required to conduct background checks through the National Instant Criminal Background Check System (NICS). These background checks verify the identity of the prospective firearm owner or recipient and check that individual’s criminal history to ensure there is no disqualifying event. If a transfer is not lawfully approved, licensed dealers are not permitted to proceed with the transfer.

2. NICS Denials and Similar Actions

If the NICS check is denied, or if the person is subject to a similar denial, the licensed dealer cannot generally proceed with the transfer. If an unlicensed party is found to have obtained the firearm through a transfer of this type, it can be interpreted as evidence of prohibited receipt, which can potentially lead to charges under the federal gun trafficking statutes as well.

3. Firearm Acquisition Statements

In connection with the acquisition of a firearm, individuals are generally required to make a series of representations to the dealer. These statements confirm the individual’s identity, their eligibility to possess the firearm, and their intention to possess the firearm. These representations are strictly scrutinized. If evidence suggests a representation was knowingly false, this can lead to criminal charges under 18 U.S.C. Section 922(a)(6) (“knowingly false statements”), which is a federal criminal offense carrying up to ten years of federal imprisonment under 18 U.S.C. § 924(a)(2).

4. Multiple Handgun Sales

Licensed dealers are required to report multiple handgun sales to the ATF by the close of business on the day that the multiple sale or other disposition occurs, provided the sales involve the same person. These reports are often used as a trigger for government scrutiny and can be utilized as evidence of “dealing” if a defendant is not lawfully licensed to engage in firearm commerce.

Calling About Someone You Love

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