NATIONALLY RECOGNIZED FEDERAL LAWYERS
How long for moving guns across state lines
|Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek – who has many, many, years of experience handling federal firearms cases. Our team has over 40 years of combined experience, and we’ve represented clients in cases that made national headlines, like the Netflix series about Anna Delvey, the Ghislaine Maxwell juror misconduct case, and the Alec Baldwin stalking case.
Moving guns across state lines can land you in federal prison anywhere from 3 years to 15 years or more. That’s the reality in 2025. The exact sentence depends on what you did – simple unlawful transport, actual gun trafficking, whether you’re a prohibited person, how many guns were involved. Federal prosecutors treat interstate gun cases seriously, especially now with increased focus on gun trafficking to Mexico and cities with strict gun laws.
The Basic Interstate Transport Violation
Under 18 USC 922(a)(3), it’s illegal to transport into or receive in your home state any firearm you purchased or obtained outside that state unless you’re a licensed dealer or the gun came through a licensed dealer. Maximum penalty – 5 years in federal prison. That’s the statute for someone who bought a gun legally in another state but didn’t follow the transfer requirements.
Most people don’t get prosecuted under just 922(a)(3). Federal prosecutors save their resources for bigger cases. You typically see this charge when someone gets caught with an out-of-state gun during another investigation, or when the person is prohibited from owning guns at all. A clean record, one gun, cooperative defendant – that case might result in probation or a couple years. Prior felonies, multiple guns, lies to investigators – you’re looking at the full 5 years or close to it.
The sentencing guidelines treat firearms offenses seriously even for “simple” possession or transport. Base offense level starts around 12-14 for unlawful receipt or transport, which translates to 15-21 months for someone with no criminal history. Add a prior felony conviction – your criminal history category jumps, and so does your guideline range.
Gun Trafficking Sentences – The Real Numbers
Actual gun trafficking – buying guns in one state and selling or distributing them in another state, especially to prohibited persons or for criminal activity – that’s where federal sentences get heavy. Congress added specific gun trafficking statutes in recent years, carrying up to 15 years for trafficking that involves felonies, terrorism, or drug crimes.
Look at 2025 sentencing data from actual cases. Ronnell Pratt ran over 60 guns from Mississippi to Chicago – got 151 months, that’s 12 and a half years. Derrick Stewart in the same conspiracy got 120 months, 10 years. Matthew Stephen Easton trafficked guns in Florida – 11 years 8 months. Joel Martinez in San Antonio – 151 months. These aren’t outliers, this is what federal judges actually impose in interstate trafficking cases.
The sentences vary based on a few factors. Number of guns matters – trafficking 5 guns gets you less time than trafficking 60. Where the guns went matters – guns to Mexico for cartels get you more time than guns to New York for street sales, though both get you serious time. A former police officer in Florida who dealt firearms without a license got 3 years – relatively low because he was law enforcement, first offense, cooperated. Someone trafficking guns to the Sinaloa Cartel got 19.5 years. The range is wide, but the middle is somewhere between 5-12 years for serious trafficking operations.
When You’re a Prohibited Person Moving Guns
If you’re not allowed to possess guns at all – prior felony conviction, domestic violence conviction, drug user, fugitive, subject to restraining order – and you transport guns across state lines, you’re violating multiple federal laws at once. 922(g) for prohibited person in possession, plus whatever interstate transport statute applies.
Prohibited person cases routinely get sentenced in the 3-7 year range depending on criminal history. Someone with three prior felonies who gets caught moving guns across state lines – you’re looking at Armed Career Criminal Act exposure, 15 year mandatory minimum if the predicate offenses qualify. Federal prosecutors love ACCA cases because the mandatory minimum takes away the judge’s discretion.
What Actually Drives Your Sentence Up
Quantity of firearms – this is the biggest factor. One gun is a different case than 20 guns. The guidelines add levels for 3-7 firearms, 8-24 firearms, 25-49 firearms, 50 or more firearms. Obliterated serial numbers add levels. Gun used in another crime – adds levels. Stolen firearms add levels. Machineguns or destructive devices – major increase in offense level.
Your criminal history category matters more than almost anything else. A first-time offender with criminal history category I and offense level 18 faces 27-33 months in the guidelines. That same offense level 18 with criminal history category VI faces 57-71 months. Your past follows you in federal court.
Acceptance of responsibility – if you plead guilty and don’t minimize your conduct, you get a 2-3 level reduction. That can shave a year off your sentence. Cooperation under 5K1.1 substantial assistance can drop your sentence below the guidelines. We’ve seen defendants cut their exposure in half by cooperating.
The FOPA “Safe Passage” Problem
People read about the Firearm Owners Protection Act safe passage provision and think they’re protected traveling through restrictive states. The law says if you can legally possess a gun in State A and State B, you can transport it between them through State C even if State C normally prohibits it – as long as the gun is unloaded and not readily accessible.
New York and New Jersey arrest people anyway. They arrested John Torraco at LaGuardia in 2004 for legally transporting his unloaded handgun in checked luggage. He was complying with federal law – didn’t matter. Courts say FOPA doesn’t give you immunity from arrest, just an affirmative defense at trial. Don’t rely on FOPA to protect you from state charges.
Why You Need a Federal Defense Attorney Immediately
Federal firearms cases move fast once charges are filed. What you say to investigators before you’re charged – that becomes evidence against you. People think they can talk their way out, explain it was legal, say they didn’t know. Everything you say gets used at sentencing even if they can’t use it at trial.
At Spodek Law Group, we’ve handled federal gun cases from investigation through trial and appeal. Our team includes former federal prosecutors who worked these investigations. We know the sentencing guidelines, the mandatory minimums, the cooperation process, the suppression issues that come up in gun cases.
We’ve represented clients in cases others thought were unwinnable – that’s what we’re known for. When you’re facing 5, 10, 15 years for moving guns across state lines, you need lawyers who understand the statutes, the Fourth Amendment issues in vehicle stops and searches, the impeachment of cooperating witnesses.
Todd Spodek grew up in this business. He worked in his father’s law firm as a child, watching criminal trials, learning how federal prosecutors think. That background – combined with our team’s 40+ years of experience – means we see angles other lawyers miss.
If federal agents have contacted you, if ATF executed a search warrant, if you’ve been arrested – call us immediately. We’re available 24/7. The difference between 3 years and 12 years often comes down to decisions made in the first 48 hours after arrest.