Gun Running Across State Lines: How NYC Prosecutors Build Cases

Thanks for visiting Spodek Law Group, a second-generation criminal defense firm managed by Todd Spodek, with over 50 years of combined experience defending interstate firearms trafficking cases throughout New York. NYC prosecutors dont wait for you to sell guns on the street before building a case. They start with a recovered crime gun, trace it back to the original purchase, identify the trafficking route, and then work backwards through surveillance, undercover operations, and cooperating witnesses to build federal or state charges. The “Iron Pipeline” – guns flowing from Virginia, Pennsylvania, Georgia, and other states with lax gun laws into New York City – is a primary target for ATF, FBI, and local prosecutors working together.

How Cases Start: ATF Trace Data

Most interstate gun trafficking cases begin the same way – police recover a firearm at a crime scene in NYC. Could be a shooting, a robbery, a traffic stop. NYPD submits the gun to ATF’s National Tracing Center for a trace request.

What ATF Tracing Reveals

ATF traces the gun from manufacturer to the first retail sale. They identify which Federal Firearms License (FFL) dealer originally sold it, when, and to whom. That’s public record data ATF maintains. If the gun was purchased recently out of state and recovered in NYC shortly after, that triggers trafficking suspicion.

The “time to crime” metric matters. A gun purchased in Virginia three months ago and recovered at a NYC crime scene last week? That suggests trafficking. A gun purchased in Pennsylvania 15 years ago? Could have changed hands legally multiple times.

Trafficking Indicators Prosecutors Look For

Indicator	What It Suggests
Short time to crime	Gun moved quickly from purchase to criminal use – suggests trafficking pipeline
Out-of-state purchase	Buyer traveled to gun-friendly state to purchase, then brought to NYC
Multiple purchases by same buyer	One person buying many guns in short period – suggests straw purchasing for trafficking
Same dealer, multiple buyers	Multiple people buying from same FFL, guns all recovered in NYC – suggests organized scheme

Building the Case: Evidence Prosecutors Collect

Once ATF identifies a potential trafficking pattern, prosecutors and investigators start collecting evidence. This involves multiple agencies coordinating across state lines.

Purchase Records and Background Check Forms

Federal law requires gun dealers to keep ATF Form 4473 for every sale – the background check form buyers fill out. Prosecutors subpoena these records. They’re looking for lies on the forms. Did the buyer check “yes” to being the actual purchaser when they were really buying for someone else? That’s a federal felony under 18 U.S.C. § 922(a)(6).

I’ve seen cases where buyers purchased 20 handguns over three months from Virginia dealers, claiming each was for personal use. All 20 turned up at NYC crime scenes within six months. The forms themselves became evidence of false statements.

Surveillance and Undercover Operations

ATF and NYPD run surveillance on suspected traffickers. They watch who’s buying guns in source states, track their movements back to NYC, see who they meet with. Undercover agents pose as buyers, approach suspected traffickers, arrange purchases. Those controlled buys become the core of the prosecution’s case

Wiretaps come later if prosecutors can show probable cause for ongoing criminal enterprise. They intercept phone calls, text messages, coordination between buyers in source states and sellers in NYC. One wiretap case I defended involved six months of intercepted communications showing my client discussing specific firearms, prices, delivery locations. That’s powerful evidence at trial.

Cooperating Witnesses

Prosecutors flip lower-level traffickers to get higher-ups. They arrest someone caught with five guns during a traffic stop, threaten federal mandatory minimums, offer a cooperation agreement. The trafficker gives up his supplier – who bought the guns in Virginia and transported them to NYC. That supplier faces a choice: cooperate against HIS source or face 10-15 years federal time.

I’ve represented clients at every level of these schemes. The street seller who cooperates gets probation. The middleman who cooperates gets reduced charges. The source who doesn’t cooperate faces the full weight of federal prosecution.

Interstate Coordination: Multiple Agencies Working Together

Gun trafficking investigations require coordination across jurisdictions. ATF conducts traces, investigates FFLs, runs undercover operations. They have jurisdiction for federal firearms violations – dealing without a license (18 U.S.C. § 922(a)(1)(A)), false statements (§ 922(a)(6)), trafficking to prohibited persons (§ 922(d)).

FBI gets involved when trafficking connects to organized crime, drug organizations, or violent gangs. They bring RICO charges and wiretap authority. NYPD’s Gun Violence Suppression Division works with ATF on joint investigations. NYC DA offices prosecute state-level firearms charges under NY Penal Law § 265.11-265.13. State charges dont require interstate commerce elements, making them easier to prove.

Police in Virginia, Pennsylvania, and Georgia cooperate by monitoring FFLs and conducting surveillance on suspected straw purchasers. But enforcement is inconsistent across jurisdictions.

The Iron Pipeline: I-95 Corridor Trafficking Route

The “Iron Pipeline” refers to the flow of illegal firearms from Southern states up Interstate 95 into New York City. Virginia, North Carolina, South Carolina, Georgia, and Florida are primary source states where guns are legally purchased then illegally trafficked north.

Why These States?

Gun laws are much more relaxed. No waiting periods. Private sales dont require background checks. Gun shows operate with minimal oversight. You can buy multiple handguns in one transaction. Someone with a clean record can easily purchase 10-20 guns legally, then drive them to NYC where they sell for double or triple the price

Virginia has been the #1 source state for crime guns recovered in NYC for decades. Pennsylvania is #2. The proximity to NYC plus relaxed gun laws creates a perfect trafficking pipeline.

Typical Trafficking Pattern

Trafficker recruits straw purchasers – people with clean records willing to buy guns for money. The straw buyers drive to Virginia or Pennsylvania, visit multiple FFLs, purchase 3-5 guns at each location. They drive back to NYC via I-95. The guns get sold to street dealers for $800-$1,500 each (original cost: $300-$500).

Prosecutors prove the scheme by showing the short time frame between purchase and recovery, the out-of-state purchases, the same buyers making multiple purchases, and cooperating witnesses who testify about the arrangement.

Federal vs. State Prosecution

Prosecutors decide whether to charge federally or at the state level based on several factors.

Cases That Go Federal

Large-scale operations involving 50+ firearms. Cases with wiretap evidence or extensive investigation. Defendants with prior felony convictions who can be charged under 18 U.S.C. § 922(g) (felon in possession). Trafficking connected to violent crime or drug distribution. Cases where prosecutors want mandatory minimum sentences.

Cases That Stay State

Smaller quantities – 5-10 guns. First-time offenders. Cases where federal prosecutors decline to take it. Situations where state prosecution is faster and more efficient. The same conduct violates both federal and state law, so prosecutors have discretion.

What Spodek Law Group Does

We immediately challenge the evidence chain. Can prosecutors prove you were the actual purchaser? Can they prove you knew the guns would be trafficked? Intent matters – if you legally purchased guns for personal use and someone else later acquired them, you’re not guilty of trafficking.

We attack cooperating witnesses. What deals did they get? What’s their motivation to fabricate your role? Cross-examination exposes incentives to lie. We challenge ATF traces and time-to-crime assumptions. Just because a gun you purchased turned up at a crime scene doesn’t prove you trafficked it.

For federal cases, we challenge enhancements and mandatory minimums. We file motions to exclude wiretap evidence if ATF didnt follow proper procedures. We negotiate to get charges reduced or moved to state court where sentencing exposure is lower.

At Spodek Law Group, we’ve defended interstate gun trafficking cases from single firearms to large-scale operations. You can reach us 24/7 at our offices throughout NYC and Long Island. When prosecutors claim you ran guns across state lines, your defense matters.