Federal vs. State Weapons Trafficking Charges in New York

Thanks for visiting Spodek Law Group, a second-generation criminal defense firm managed by Todd Spodek, with over 50 years of combined experience defending firearms cases in both federal and state courts throughout New York. The same gun sale can trigger federal charges, state charges, or both – and the difference determines whether your facing 5 years in federal prison with no parole or a shorter state sentence with the possibility of early release. Prosecutors choose which system to use based on the strength of there case, your criminal history, and whether they want to leverage federal mandatory minimums.

What Makes a Gun Case Federal?

Federal jurisdiction kicks in when firearms cross state lines, involve interstate commerce, or violate specific federal prohibitions. The key federal statute is 18 U.S.C. § 922, which makes it illegal to engage in the business of dealing firearms without a federal license, transfer guns to prohibited persons, or transport firearms across state lines for unlawful purposes.

Interstate Commerce

This is the big one. If a gun crossed state lines at any point – even decades ago – federal prosecutors can claim jurisdiction. Every commercially manufactured firearm moves in interstate commerce at some point. Gun made in Connecticut, sold in Virginia, brought to New York? That’s interstate commerce. The gun doesnt need to cross state lines recently. It just needs to have moved between states at some point in its existence, and the federal government can prosecute.

Dealing Without a License

Federal law requires anyone “engaged in the business” of selling firearms to obtain a Federal Firearms License (FFL). But the statute doesn’t define how many sales make you a “dealer.” ATF and prosecutors argue that selling as few as two guns with the intent to make profit constitutes dealing. I’ve seen federal indictments for people who sold three handguns to an undercover agent over six months. Prosecutors claimed that proved they were “engaged in the business” even without an FFL.

Prohibited Persons

18 U.S.C. § 922(g) makes it illegal for certain people to possess firearms – convicted felons, people under felony indictment, fugitives, unlawful drug users, people convicted of domestic violence misdemeanors. If your a prohibited person caught with a gun, federal prosecutors can charge you. If you sold or transferred a gun to someone you knew was prohibited, that’s 18 U.S.C. § 922(d) – unlawful transfer.

New York State Firearms Trafficking Laws

New York has its own weapons trafficking statutes that dont require any interstate element. The main statute is NY Penal Law § 265.17 – criminal sale of a firearm in the first degree. You commit this offense by selling ten or more firearms in a single transaction, or by selling firearms as part of a larger trafficking scheme.

Statute	What It Prohibits	Classification
PL § 265.11	Criminal sale of a firearm in third degree – selling any firearm	Class D felony
PL § 265.12	Criminal sale of a firearm in second degree – selling to someone under 19	Class C felony
PL § 265.13	Criminal sale of a firearm in first degree – selling 10+ firearms	Class B felony
PL § 265.17	Criminal purchase or disposal of a weapon – straw purchasing	Class D felony

State prosecutors don’t need to prove interstate commerce. They just need to prove you sold or transferred firearms in New York. That makes state cases easier to prosecute in some ways – fewer elements to prove.

Sentencing: Where Federal Cases Get Brutal

This is where the systems diverge dramatically. Federal firearms offenses carry mandatory minimum sentences. State offenses have sentencing ranges with more judicial discretion.

Federal Mandatory Minimums

18 U.S.C. § 924(a)(1)(A) – dealing firearms without a license carries up to 5 years. But if prosecutors add enhancements, that number climbs fast. If you’re a prohibited person under § 922(g), that’s up to 10 years. If you have three prior violent felony or serious drug offense convictions, the Armed Career Criminal Act kicks in – 15-year mandatory minimum. No parole in the federal system. You serve at least 85% of whatever sentence you get.

I’ve represented clients facing 15-year federal minimums for selling four handguns because of prior convictions from 20 years ago. The judge has no discretion. Mandatory means mandatory.

New York State Sentencing

State charges give judges more flexibility. Criminal sale of a firearm in the third degree (PL § 265.11) is a class D felony – sentencing range of 2 to 7 years for a first offender. Second degree (PL § 265.12) is class C – 3.5 to 15 years. First degree (PL § 265.13) is class B – 5 to 25 years. But judges can consider mitigating factors, your background, whether you cooperate. And New York has parole – you dont serve the full sentence if the parole board releases you early

How Prosecutors Decide Which System to Use

When police seize guns or make an arrest, both federal and state prosecutors can potentially charge the case. ATF, FBI, and local district attorneys work together through joint task forces. They decide which jurisdiction handles prosecution based on several factors.

Strength of the Case

Federal prosecutors have more resources – FBI agents, ATF investigators, forensic labs. Cases requiring extensive investigation, wiretaps, or undercover operations usually go federal. Simple possession stays state.

Defendant’s Criminal History

Prior convictions attract federal prosecutors who can use enhancements like the Armed Career Criminal Act to push for longer sentences. If your a repeat offender, expect federal attention.

Quantity and Type of Firearms

Large quantities trigger federal attention. Selling two handguns might stay state. Trafficking 50 rifles across state lines? That’s going federal. Ghost guns, assault weapons, guns with defaced serial numbers – those also attract federal prosecution.

Political Pressure and Publicity

High-profile cases go federal. If there’s media attention or political pressure to “get tough on gun crime,” the U.S. Attorney’s Office takes the case to ensure maximum sentences and publicize enforcement efforts.

Defense Strategy Differences Between Federal and State Court

Federal discovery is broader under Rule 16, but New York’s CPL § 245.20 also requires extensive disclosure. Federal cases often involve wiretaps, surveillance, and confidential informant recordings. Both systems require Fourth Amendment compliance, but federal judges tend to be more conservative on suppression issues. I’ve won suppression motions in state court that would have failed in federal court.

Federal prosecutors have more leverage because of mandatory minimums. They can threaten a 15-year minimum if you go to trial, then offer a plea to a lesser charge with no minimum. That’s enormous pressure. State prosecutors have less leverage since sentencing ranges overlap more between charges.

Federal trials happen in Southern or Eastern District with jury pools from broader geographic areas – often more suburban and conservative. State trials in Manhattan or Brooklyn have more diverse juries that tend to be more skeptical of prosecution.

What Spodek Law Group Does

When clients face firearms charges, we immediately assess whether the case is federal, state, or could become either. If it’s state but could go federal, we move fast to resolve it before ATF gets involved. If it’s already federal, we challenge jurisdiction – did the gun actually move in interstate commerce? Can prosecutors prove it?

We file suppression motions attacking illegal searches, unreliable confidential informants, Fourth Amendment violations. Federal or state, the Constitution applies the same. If police violated your rights, the evidence gets excluded.

In federal cases, we challenge enhancements. Prosecutors will try to add Armed Career Criminal Act provisions or career offender guidelines. We argue prior convictions dont qualify, that the offenses were too old, that the statutory elements dont match. Knocking down an enhancement can mean the difference between 5 years and 15 years.

At Spodek Law Group, we’ve defended hundreds of firearms cases in both systems. You can reach us 24/7 at our offices throughout NYC and Long Island. When your facing federal mandatory minimums or state felonies, your defense matters.