Illegal Firearms Exportation Calculator
Calculate sentencing for illegal export of firearms under ITAR/AECA.
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Illegal Firearms Exportation – What You Need to Know
Federal firearms charges carry some of the harshest penalties in the entire federal system. Calculate sentencing for illegal export of firearms under ITAR/AECA.
If you’re facing firearms charges, here’s what you need to understand: 18 USC §924(c) imposes mandatory consecutive sentences – 5 years for possession, 7 for brandishing, 10 for discharge – and these sentences run on top of any other sentence. A second §924(c) conviction carries 25 years to life. This is serious. But there are defenses, there are arguments, and there are strategies that an experienced federal defense attorney can use to fight for a better outcome.
How Federal Firearms Sentencing Works
The first question in any §924(c) case is whether the predicate offense qualifies as a “crime of violence.” After the Supreme Court’s decision in Davis v. United States (2019), many offenses that previously served as §924(c) predicates no longer qualify. This is a major development – and it means that §924(c) charges can sometimes be challenged and defeated entirely. Many attorneys don’t even raise this argument. We always do.
For felon-in-possession cases under §922(g), the guideline calculation under §2K2.1 depends heavily on your prior convictions. If you have a prior “crime of violence” or “controlled substance offense,” the base offense level jumps significantly. But the definition of these terms has been subject to extensive litigation, and what counts as a qualifying prior varies by circuit. You need an attorney who stays current on this case law – because it changes frequently.
The Armed Career Criminal Act (ACCA) adds another layer. If you have three qualifying predicate offenses, you face a 15-year mandatory minimum. But qualifying priors are determined using the categorical approach, which requires examining the elements of the prior offense – not the underlying facts. Many convictions that look like they qualify on the surface actually don’t when you apply the correct legal analysis.
What Most People Don’t Realize About Illegal Firearms Exportation
The biggest thing people miss in firearms cases is that §924(c) charges are negotiable. The difference between pleading to a §924(c) count and having the firearm reflected only in a guideline enhancement can be the difference between 5+ years of mandatory consecutive time and a 2-level increase. This is where experienced plea negotiation makes all the difference.
For felon-in-possession cases, constructive possession is often more defensible than people realize. The government has to prove you had knowledge, access, and dominion over the firearm. If the gun was found in a shared residence or vehicle, that’s not automatic possession – and a suppression motion challenging the search can sometimes eliminate the evidence entirely.
Why You Need the Right Federal Defense Attorney
Federal firearms cases have mandatory minimums, consecutive sentencing requirements, and guideline calculations that can produce devastating results for defendants who don’t have experienced representation. You need an attorney who understands the post-Davis landscape, knows how to challenge predicate offenses, and can negotiate effectively with federal prosecutors to eliminate or reduce the most damaging charges.
At Federal Lawyers, we have handled every type of federal firearms case – from §924(c) charges to ACCA cases to felon-in-possession to NFA weapons. We know the law, we know the arguments, and we know how to fight for the best possible outcome. If you’re facing federal firearms charges, don’t wait – call us now.
Get Help Now – Risk Free Consultation
If you’re dealing with a situation involving illegal firearms exportation, you need an attorney who gets it – and has experience handling these exact types of cases. At Federal Lawyers, our criminal defense attorneys have over 50 years of combined experience handling federal cases nationwide. We’ve handled some of the toughest cases in the country, and we’re not afraid to fight for the best possible outcome.
When you reach out to our law firm, the process begins with a risk-free consultation. You can ask us anything, regardless of how long it takes. We are available 24/7 to help you. Call us at (212) 300-5196 – your first consultation is free, and completely confidential.
Disclaimer: This calculator provides estimates based on the United States Sentencing Guidelines. It does not constitute legal advice. Federal sentencing involves many factors not captured here – including judicial discretion, cooperation agreements, and individual case circumstances. Always consult with a qualified federal criminal defense attorney.
Frequently Asked Questions
What laws govern illegal firearms exportation, and what are the sentencing consequences?
Illegal firearms exportation is prosecuted under the Arms Export Control Act (22 U.S.C. § 2778, AECA), the International Traffic in Arms Regulations (ITAR, 22 CFR Parts 120-130), and the Export Control Reform Act (ECRA, 50 U.S.C. § 4819). AECA violations carry up to 20 years imprisonment and $1 million fines — among the harshest penalties in federal firearms law. The government must prove the defendant willfully exported or attempted to export defense articles without a State Department license. Defense counsel should challenge the classification of the items as "defense articles" on the U.S. Munitions List, as items with dual civilian-military use may fall under the less restrictive Commerce Department EAR regulations rather than ITAR.
How do ITAR and EAR differ in the context of firearms export prosecutions?
ITAR (administered by the State Department's DDTC) governs items specifically designed for military applications listed on the U.S. Munitions List, while EAR (administered by the Commerce Department's BIS) covers dual-use items on the Commerce Control List. In 2020, many commercial firearms were transferred from ITAR to EAR jurisdiction, meaning standard sporting rifles and shotguns now require only Commerce Department export licenses rather than State Department authorization. Defense counsel should verify which regulatory regime applies to the specific firearms at issue, as EAR violations (50 U.S.C. § 4819) carry lower maximum penalties (20 years, but with more available defenses) and the licensing requirements are less onerous. Demonstrating that the defendant believed a Commerce Department license was sufficient, or that the items qualified for License Exception provisions, can negate the willfulness element.
