NATIONALLY RECOGNIZED FEDERAL LAWYERS
How long for illegal gun sales
|Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience in federal criminal defense. We’ve handled some of the most challenging cases in America, like representing Anna Delvey in the Netflix series, defending the Ghislaine Maxwell juror in the misconduct scandal, and many more high-stakes federal prosecutions. If you’re reading this, you’re probably facing federal gun charges – and need to understand what kind of prison time you’re actually looking at.
Federal illegal gun sales charges carry serious prison time. We’re talking 5 to 25 years depending on what the government can prove. This isn’t state court where maybe you walk with probation – federal prosecutors don’t charge gun cases unless they’re confident they can win, and federal judges don’t hand out slaps on the wrist. The sentence you face depends on the specific statute you violated, how many guns were involved, whether anyone got hurt, and what your criminal history looks like.
At Spodek Law Group, we’ve defended clients against ATF investigations, straw purchase allegations, and unlicensed dealing charges. The stakes in these cases are different – prosecutors treat gun trafficking as a public safety priority, which means they push for maximum sentences. Unlike other law firms who might encourage you to plead quickly, we fight these cases at every stage.
Unlicensed Dealing – The Most Common Charge
Under 18 USC 922(a)(1)(A), selling guns without a federal firearms license gets you up to 5 years in prison. Sounds straightforward. It’s not.
The government has to prove you were “engaged in the business” of dealing firearms – not just selling a gun to your buddy or offloading your personal collection. They look at volume, frequency, whether you advertised. Sold 10 guns over two years at gun shows? Probably not dealing. Sold 50 guns in six months on Armslist with a dedicated business phone? That’s dealing.
David Mull learned this the hard way. In May 2025, federal prosecutors in Indiana sentenced him to 4 years for selling over 1,300 firearms without a license. ATF sent him a cease-and-desist letter in 2016 telling him he needed a license. He ignored it. Kept selling guns for years. That’s willfulness, and judges hate willfulness.
If you cross state lines to deal guns, the maximum jumps to 10 years. Federal prosecutors love stacking charges when they can prove you deliberately crossed state lines to commit the crime.
Straw Purchases – Up to 25 Years
Straw purchases are when you buy a gun for someone who can’t legally buy it themselves. Felon gives you cash, you go to the gun store, fill out the ATF Form 4473 saying you’re the actual buyer – that’s a straw purchase.
Congress created 18 USC 932 in 2022 specifically for straw purchases, and the penalties are brutal. Standard violation? Up to 15 years. But if the government proves you knew or should have known the gun would be used for a felony, drug trafficking, or terrorism – 25 years maximum.
The problem with straw purchase cases is they’re easy to prove. You signed a federal form. You lied on it. The gun shows up at a crime scene or in a prohibited person’s hands. Prosecutors don’t need to prove you personally knew the buyer was a felon – just that a reasonable person would have known something was wrong. Guy you barely know hands you $800 cash and asks you to buy a Glock? You should have known.
What Actually Determines Your Sentence
The statute gives a maximum. Federal sentencing guidelines determine what you actually get.
Your guideline range comes from two numbers – offense level and criminal history category. For unlicensed dealing, the base offense level depends on how many guns you sold. Sold 8-24 guns? That’s one level. Sold 50-99 guns? Higher level. They add points for using a gun in another crime, selling to prohibited persons, obliterating serial numbers.
Criminal history matters enormously. According to the U.S. Sentencing Commission, the average sentence for 922(g) cases in fiscal year 2024 was 71 months. But defendants with minimal criminal history got 30-40 months. Career criminals sentenced under the Armed Career Criminal Act got 199 months – over 16 years.
Cooperation changes everything. Federal prosecutors can file a 5K1.1 motion for substantial assistance if you help them catch your suppliers or customers. That can reduce your sentence by 30-50% – sometimes more if your cooperation leads to major cases.
The other path to a lower sentence? Acceptance of responsibility. Plead guilty, show remorse, don’t minimize what you did – that’s typically a 2-3 level reduction. A 3-level reduction on a guideline range of 63-78 months might drop you to 46-57 months.
The 2025 Enforcement Landscape
In April 2025, ATF ended its zero-tolerance policy for gun dealers who violate federal law. Does that help you if you’re charged with illegal gun sales? Not really. The policy change affects regulatory enforcement – it doesn’t change criminal penalties for individuals who sell guns illegally. ATF is refocusing resources toward criminal prosecutions of traffickers and straw purchasers.
Why Federal Gun Cases Are Different
State gun charges and federal gun charges aren’t the same animal. State court? Maybe probation on a first offense. Federal court? The guidelines start at years, not months – and there’s no parole. You serve at least 85% of whatever sentence the judge gives you.
Federal prosecutors have more resources. ATF has national databases tracking gun sales, undercover agents, ballistics labs connecting guns to crimes. By the time they charge you, they’ve built an overwhelming case. You need a lawyer who knows how to challenge ATF investigations and suppress evidence from illegal searches.
At Spodek Law Group, we’ve gone up against ATF and won. We’ve gotten gun charges dismissed on suppression motions. We’ve negotiated departure sentences well below the guideline range. We’ve taken cases to trial when prosecutors wouldn’t offer reasonable deals. Not all law firms will do that – some are more focused on maintaining relationships with prosecutors than fighting for clients.
The Answer to “How Long”
How long for illegal gun sales? It depends – but now you know what it depends on.
Unlicensed dealing? 5 years maximum, but you’ll likely face 2-4 years if you have minimal criminal history and cooperate. Straw purchases? 15-25 years maximum, depending on whether the gun was used in another crime. Multiple guns, prior convictions, leadership role in trafficking – you’re looking at 10-15 years or more.
The federal sentencing system is brutal, but it’s also predictable if you understand how it works. Prosecutors have enormous leverage – they need to prove their case, and they make mistakes. Judges have discretion to vary from the guidelines, but only if your lawyer gives them reasons to do so.
If you’re facing federal gun charges, don’t talk to ATF without a lawyer present. They’re building a case – not trying to help you. The sentencing guidelines for firearms offenses are complex, and the prosecutors are specialists.
We handle ATF investigations, grand jury subpoenas, indictments, sentencing hearings. We know which prosecutors will negotiate. We know which judges grant variances. That knowledge is the difference between 5 years and 15 years. Your case starts now.