Philadelphia Federal Firearms Trafficking Charges: Distribution, Transport and Sales

Philadelphia Federal Firearms Trafficking Charges: Distribution, Transport and Sales

Federal firearm trafficking crimes are serious offenses that carry steep penalties. In Philadelphia, the U.S. Attorney’s Office aggressively prosecutes cases involving the illegal transport, distribution, and sale of guns across state lines or without proper licensing. Understanding the specific laws and potential defenses can help if you face charges.

Applicable Federal Laws

There are several key federal statutes that apply to firearm trafficking in Philadelphia:

• Interstate Transport of Firearms (18 U.S.C. § 922(a)(3)) – transporting firearms across state lines to sell or distribute without a federal license
• Transfer of Firearm to Prohibited Person (18 U.S.C. § 922(d)) – selling or giving a gun to someone barred from owning firearms, like a convicted felon
• Transfer of Firearm Without Background Check (18 U.S.C. § 922(a)(5)) – transferring a firearm without running proper background checks

These laws essentially; make it illegal to sell, distribute, transport, or transfer firearms without proper licensing and vetting. The exact legal definitions are precise and complex.

Penalties and Sentencing

If convicted, possible sentences under federal guidelines for firearm trafficking include:

• Up to 5 years in prison
• Up to $250,000 in fines per count
• 3 years supervised release

However, sentences can extend to 10 years or $250,000 per count if there are aggravating factors like prior felonies, use of the guns in other crimes, or trafficking high numbers of firearms.

Defenses and Challenges

Possible defenses to contest federal firearm trafficking charges include:

• Lack of Knowledge – arguing you were unaware the transport, sale, etc. was illegal
• Entrapment – claiming you were induced by law enforcement to commit the crimes
• Duress – asserting you only engaged in the conduct under threat of harm

However, these defenses often fail given the high legal standards to prove them. The complex federal laws also make claiming ignorance difficult.

Case Example: U.S. v. Anthony Smith

In a 2021 Philadelphia firearm trafficking prosecution, Anthony Smith faced charges of:

• Interstate transport of six firearms from Georgia to Pennsylvania
• Transferring those firearms to a convicted felon

Smith argued he did not know the recipient was a convicted felon. But prosecutors used phone and social media records to show Smith did know about the felon status.

Smith was convicted on both counts and faced over 5 years in prison under federal sentencing guidelines.

Takeaways

The federal laws and penalties for illegal firearm sales, transport, distribution, and transfers are severe. Consult an experienced criminal defense attorney if you face charges to explore defenses and sentencing possibilities. But these cases can be very difficult to fight given the broad federal statutes and sentencing factors.