Firearms Trafficking Calculator
Calculate sentencing for illegal firearms trafficking and dealing without a license.
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Firearms Trafficking – What You Need to Know
Federal firearms charges carry some of the harshest penalties in the entire federal system. Calculate sentencing for illegal firearms trafficking and dealing without a license.
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 Firearms Trafficking
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 firearms trafficking, 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
How does the new federal firearms trafficking statute (18 U.S.C. § 933) change prosecution of gun trafficking?
Section 933, enacted as part of the Bipartisan Safer Communities Act of 2022, created the first standalone federal firearms trafficking offense, carrying up to 15 years (25 years if connected to drug trafficking, terrorism, or crimes of violence). Before § 933, trafficking was prosecuted indirectly through straw purchase (§ 922(a)(6)) and dealing without a license (§ 922(a)(1)(A)), which carried lower maximum penalties. The new statute requires proof that the defendant knowingly purchased or conspired to purchase a firearm for transfer to someone who is prohibited, intends to use it in a crime, or intends to sell it to such persons. Defense counsel should challenge the knowledge element — the defendant must have known or had reasonable cause to believe the recipient fell into a prohibited category.
What distinguishes "dealing without a license" under § 922(a)(1)(A) from legal private sales?
The key question is whether the seller is "engaged in the business" of dealing firearms, which the Bipartisan Safer Communities Act redefined as conducting repetitive firearms transactions with the "predominant" purpose of earning a profit (excluding occasional sales from a personal collection). The ATF's 2024 Final Rule further clarified that selling firearms predominantly to earn a profit — even a single transaction — may constitute dealing. Defense counsel should demonstrate that the sales were from a personal collection, were not repetitive, or were motivated by personal reasons (upgrading, financial need) rather than profit-seeking. Documentation showing personal use, inheritance, or collection history of the firearms is critical to establishing the private-sale defense.
