Gun-Running and Gun Trafficking Lawyers

Gun-Running and Gun Trafficking: A Complex Web of Laws and Legal Precedents

Gun-running and gun trafficking laws in the United States are complex, with statutes at both the federal and state levels. For lawyers representing clients accused of weapons trafficking crimes, it is essential to understand the applicable laws and how courts have interpreted them. This article provides an overview of key laws and precedents related to gun-running and trafficking that defense attorneys should know.

Federal Laws on Gun Trafficking

Several federal statutes address the illegal trafficking of firearms from legal to illegal markets. The main law is 18 U.S.C. § 922(a)(1)(A), which prohibits engaging in the business of dealing in firearms without a federal license. This applies to anyone who repeatedly buys and sells guns “with the principal objective of livelihood and profit.” Penalties include up to 5 years in prison.

Prosecutors often rely on § 922(a)(1)(A) in gun trafficking cases because it does not require proof that the defendant knew they were selling guns illegally. However, defense lawyers can argue this law was intended for unlicensed dealers, not one-time transfers.

In response to the limited scope of § 922(a)(1)(A), Congress passed 18 U.S.C. § 922(d) in 1968. This law bars licensed dealers from selling guns to those they know or have reasonable cause to believe are prohibited from buying guns, such as felons or mentally ill people.

Section 922(d) requires knowledge on the defendant’s part, making it harder to prosecute. Prosecutors must prove the seller knew or should have known the buyer was prohibited. But this law only applies to licensed dealers, not private sellers.

The Gun Control Act of 1968 also created 18 U.S.C. § 922(b)(2), prohibiting licensed dealers from selling handguns to out-of-state residents. And 18 U.S.C. § 922(b)(3) makes it illegal for licensed dealers to sell firearms to people who do not reside in the state where the dealer’s business is located. These laws aim to curb interstate gun trafficking.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

In addition, 18 U.S.C. § 922(a)(6) prohibits knowingly making false statements in connection with acquiring firearms from licensed dealers. This includes using straw purchasers to buy guns for prohibited persons.

Despite these laws, prosecuting gun traffickers can be challenging. Cases often rely on straw purchaser defendants testifying against ringleaders in exchange for immunity or reduced charges. Strong evidence is needed to prove the defendant knew the guns would be trafficked.

State Laws on Gun Trafficking

Many states have also enacted laws specifically targeting gun trafficking or straw purchasing. For example, California’s law bars anyone from purchasing or receiving firearms with the intent to resell them to a prohibited person. New York makes it illegal to sell, exchange, give or dispose of firearms to another person outside limited exceptions.

Some state gun trafficking laws don’t require prosecutors to show the defendant knew the guns would end up in illegal markets. But defense lawyers can still argue their client did not have this knowledge or criminal intent.

State laws also vary in how they define illegal gun sales. In Florida, a person commits a felony by transferring two or more firearms within a 90-day period to any person not authorized to own guns. But other states may require a higher number of transactions over a shorter timeframe to qualify as gun trafficking.

Sentencing Considerations in Gun Trafficking Cases

The baseline federal penalties for gun trafficking under 18 U.S.C. § 922(a)(1)(A) are 0-5 years in prison. But sentences can be much harsher based on the number and type of firearms involved.

Under 18 U.S.C. § 924(a)(2), if the trafficking offense involves semiautomatic assault weapons or machine guns, the penalty jumps to 10-30 years. Trafficking guns with obliterated serial numbers also brings a 5-year mandatory minimum consecutive sentence under 18 U.S.C. § 924(i).

The U.S. Sentencing Guidelines provide recommended sentencing ranges based on the number and type of firearms, the defendant’s role in the offense, and other factors. Defense lawyers should thoroughly analyze the guidelines to identify grounds for a below-guidelines sentence.

Judges have discretion to depart from the guidelines and statutory minimums through “safety valve” and substantial assistance provisions. But prosecutors must file motions for defendants to qualify for these sentencing breaks.

Defenses in Gun Trafficking Cases

Several legal defenses may apply in gun trafficking prosecutions, giving defense attorneys opportunities to beat the charges or win acquittals at trial.

• Lack of knowledge – As mentioned above, some gun trafficking laws require prosecutors to prove the defendant knew or had cause to believe the guns would end up in illegal markets. The defense can argue the client did not have this requisite knowledge or intent.
• Entrapment – If undercover agents pressured or induced the defendant into committing the crime, an entrapment defense may succeed.
• Duress – Defendants can claim they engaged in gun trafficking due to threats of force against themselves or loved ones. But the threat must be immediate and severe.
• Second Amendment – Courts have rejected Second Amendment challenges to gun laws prohibiting sales to certain classes of individuals. But defense lawyers may still raise novel constitutional arguments.
• Compliance with state laws – In states with permissive gun laws, defendants can argue they complied with state requirements and did not knowingly violate federal laws.

Conclusion

Defending gun-running and trafficking cases requires a deep understanding of the patchwork of federal and state laws, sentencing rules, and judicial precedents. Lawyers should look for weaknesses in the prosecution’s evidence regarding the defendant’s knowledge and intent. Entrapment, duress and compliance with state laws also offer possible defenses. But because of harsh penalties, the risks of trial are high, so plea negotiations should be pursued aggressively.

References

U.S. v. Anaya, 638 F.Supp.2d 1249 (D.N.M. 2009)

U.S. v. Moore, 109 F.3d 1456 (9th Cir. 1997)

Combating Illicit Firearms Trafficking and Gun Crime

California Penal Code 27590

New York Penal Law § 265.17

[Florida Statutes § 790.33](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/Sections/0790.33.html)

[Federal Sentencing for Gun Trafficking Crimes](https://www.nolo.com/legal-encyclopedia/federal-sentencing-gun-trafficking-crimes.html)

[U.S. v. Squillacote, 221 F.3d 542 (4th Cir. 2000)](https://casetext.com/case/us-v-squillacote-3)

[Montana Shooting Sports Association v. Holder, 727 F.3d 975 (9th Cir. 2013)](https://casetext.com/case/montana-shooting-sports-assn-v-holder-3)