Interstate Firearms Trafficking Federal Penalties and Investigations

Thanks for visiting Federal Lawyers, a second-generation criminal defense firm managed by our lead attorney, with over 50 years of combined experience defending federal firearms trafficking cases throughout New York. Federal prosecutors dont mess around with gun trafficking. They use mandatory minimum sentences, the Armed Career Criminal Act, and career offender guidelines to push for decade-long prison terms. There’s no parole in federal prison – you serve at least 85% of your sentence. And federal investigations involve wiretaps, multi-state surveillance, undercover operations, and cooperation between ATF, FBI, and local police across multiple jurisdictions.

Federal Statutes That Target Interstate Trafficking

The primary federal statute is 18 U.S.C. § 922, which makes various firearms-related conduct illegal. For trafficking cases, prosecutors focus on specific subsections.

§ 922(a)(1)(A) – Dealing Without a License

It’s illegal to engage in the business of dealing firearms without a Federal Firearms License (FFL). The statute doesn’t define how many sales make you a “dealer,” but ATF and prosecutors argue that even 2-3 sales with intent to make profit qualifies. I’ve defended clients charged federally for selling four handguns over six months. Prosecutors claimed that proved they were “engaged in the business.”

What “Engaged in the Business” Means

Federal regulations define it as “devoting time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit.” But prosecutors apply it broadly. If you bought guns with the intent to resell for profit – even once or twice – they argue you’re dealing.

§ 922(d) – Transferring to Prohibited Persons

Selling or transferring firearms to someone you know is prohibited – convicted felons, fugitives, drug users, domestic violence offenders – violates this statute. Penalties: up to 10 years per count. Prosecutors stack counts – one for each firearm transferred.

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§ 924 – Penalties

This section sets the punishment. Dealing without a license under § 922(a)(1)(A) carries up to 5 years. But prosecutors add enhancements. If you have prior felony convictions, that triggers longer sentences. If trafficking involved 50+ firearms, the sentencing guidelines climb dramatically.

Legal Scenario: What Would You Do?

Scenario

Your cousin asked you to buy several handguns from a licensed dealer in Virginia and bring them back to New York City, promising to pay you $200 per gun. After making three separate purchases over two months, ATF agents showed up at your door with a federal arrest warrant charging you with interstate firearms trafficking.

How serious are federal charges for trafficking guns across state lines, and is there any way to avoid a lengthy prison sentence?

Attorney's Answer

Interstate firearms trafficking under 18 U.S.C. § 922(a)(5) and the newer § 933 (added by the Bipartisan Safer Communities Act of 2022) carries up to 15 years in federal prison, and if any of those firearms were later used in a violent crime, you could face up to 25 years. Prosecutors will also likely add straw purchasing charges under § 922(a)(6), each count carrying up to 15 years, and federal sentencing guidelines treat multiple transactions as evidence of a pattern that significantly increases your offense level. Cooperation with ATF to identify the end buyers and any larger trafficking network can be a critical factor in negotiating reduced charges, but you need experienced federal defense counsel before making any statements. We would immediately review the ATF's surveillance evidence, challenge any warrantless searches of your vehicle at state borders, and work to distinguish your role from that of a large-scale trafficker to fight for the lowest possible sentence.

This is general information only. Contact us for advice specific to your situation.

Mandatory Minimums That Destroy Lives

Federal firearms cases often trigger mandatory minimum sentences – meaning the judge has no discretion to go below that number no matter what mitigating factors exist.

Armed Career Criminal Act – 15 Years Mandatory