NATIONALLY RECOGNIZED FEDERAL LAWYERS

09 Oct 25

How serious is having stolen gun

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Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We have over 40 years of combined experience handling federal criminal cases, including many, many firearms prosecutions that other attorneys said couldn’t be won. We’ve represented clients in cases that made national headlines – the Anna Delvey case that became a Netflix series, the Ghislaine Maxwell juror misconduct matter. If you’re reading this, you need straight answers about stolen gun charges.

Having a stolen gun is serious – extremely serious in the federal system. This isn’t like getting caught with an unregistered firearm or even being a felon with a gun. Prosecutors view stolen firearms as direct contributors to violent crime and gun trafficking networks. The penalties reflect that. We’re talking about potential 10-year sentences, aggressive prosecution, and federal judges who don’t have much sympathy for “I didn’t know it was stolen” defenses unless you can actually prove it.

The Federal Statute That Prosecutors Use

Federal prosecutors charge stolen gun cases under 18 U.S.C. § 922(j). The statute makes it illegal to receive, possess, conceal, store, barter, sell, or dispose of any stolen firearm that moved in interstate commerce – knowing or having reasonable cause to believe the gun was stolen. The government has to prove you knew, or at least should have known, that the firearm was stolen.

What does “reasonable cause to believe” mean? If you bought a Glock for $200 in a parking lot from someone you don’t know, federal prosecutors will argue you had reasonable cause to believe something was wrong. Serial number scratched off? Same thing. The government doesn’t need absolute certainty – just that the circumstances would have made a reasonable person suspicious.

The penalties under 18 U.S.C. § 924(a)(2) are up to 10 years in federal prison, plus fines. There’s no mandatory minimum for a simple 922(j) violation – but federal sentencing guidelines still drive most cases, and stolen firearms trigger specific enhancements that push sentences higher.

How Federal Sentencing Actually Works for Stolen Guns

The sentencing guidelines use Section 2K2.1 for unlawful possession of firearms. Your base offense level depends on criminal history and circumstances. If you’re a prohibited person – say, a convicted felon – possessing a stolen gun, the base level starts higher. Then the guidelines add enhancements.

Under current guidelines through 2024, there’s a 2-level enhancement if the firearm was stolen – and it doesn’t matter whether you knew it was stolen or not. Even if you beat the 922(j) charge because the government can’t prove knowledge, you might still face that enhancement if you’re convicted of felon in possession under 922(g) and the gun happens to be stolen.

There’s a proposed change for 2025 that would require prosecutors to prove you knew the gun was stolen before applying the enhancement. The U.S. Sentencing Commission is considering amendments to Section 2K2.1(b)(4) that would add a mens rea requirement – actual knowledge or willful blindness. If adopted, this changes sentencing going forward.

Real-world data shows firearms offenses result in serious prison time. For Section 922(g) cases – felon in possession – the average sentence imposed was around 71 months in fiscal year 2024. That’s nearly six years. Stolen gun cases often result in similar or higher sentences.

Why Federal Prosecutors Go After Stolen Gun Cases Hard

Stolen firearms fuel the illegal gun market. ATF reports show nearly 1.1 million firearms were reported stolen between 2019 and 2023 – about 200,000 guns stolen every year. Those weapons get sold, traded, used in other crimes. Federal prosecutors treat stolen gun possession as a gateway to trafficking and violent crime.

In 2025, federal enforcement has ramped up under the Bipartisan Safer Communities Act. The Justice Department announced over 500 prosecutions under new trafficking statutes that provide up to 15 years. When prosecutors find a defendant with a stolen gun, they immediately start investigating whether there’s a broader trafficking operation. One stolen firearm charge can turn into conspiracy charges, trafficking charges, straw purchasing charges – each carrying separate penalties.

What Defenses Exist – And What Actually Works

The most common defense is lack of knowledge – you didn’t know the gun was stolen. This defense works when you can show a legitimate purchase from what appeared to be a legal source. You bought the gun from someone who had documentation, paid fair market value, had no reason to suspect anything was wrong. That’s a real defense, but you need evidence. Text messages showing the transaction, receipts, witness testimony.

What doesn’t work is just saying “I didn’t know.” Federal juries hear that in every gun case. If you paid $150 for a gun that retails for $600, you’re not going to convince anyone you thought that was legitimate.

Another defense involves challenging how the government proved the gun was stolen and moved in interstate commerce. Prosecutors need to establish the firearm traveled across state lines – that’s the federal jurisdiction hook. We’ve won cases where the government couldn’t establish the timeline.

Fourth Amendment issues come up frequently. If it was an illegal search – no warrant, no probable cause, no valid exception – the gun gets suppressed and the case falls apart.

A Recent Case Shows How These Prosecutions Work

In United States v. Gore, decided by the Sixth Circuit in October 2024, the defendant admitted he knew the gun was stolen. He was convicted under 18 U.S.C. § 922(j) and sentenced to 18 months in federal prison. That’s on the lower end – probably because he had minimal criminal history and the case involved only one firearm.

If you admit knowledge, you’re done – the case is over. Even a single stolen gun with no other aggravating factors can get you a year and a half in federal prison. We’ve handled cases with much higher sentences – clients facing 5, 7, 10 years because they had multiple stolen firearms, prior felony convictions, or evidence of trafficking.

If You’re Facing These Charges – What You Need to Do

Don’t talk to federal agents without a lawyer. ATF agents and FBI investigators are skilled at getting defendants to make admissions that destroy any possible defense. They’ll tell you it will go easier if you cooperate. Anything you say will be used to convict you.

The government has to prove you knew or should have known the gun was stolen – but if you tell agents where you got it, how much you paid, what the seller told you, you’re giving them everything they need.

At Spodek Law Group, we’ve handled federal firearms cases for many, many years. Our attorneys include former federal prosecutors who know exactly how the government builds these cases and where the weaknesses are. We fight suppression motions when the search was illegal. We challenge the government’s proof on knowledge and interstate commerce.

Having a stolen gun is serious, but it’s not hopeless. The outcome depends on the facts of your case, the evidence the government has, your criminal history, and whether your attorney knows how to fight in federal court. We do. If you’re under investigation or charged, call us. We’re available 24/7 – and unlike other law firms who are worried about their relationships with prosecutors, we’re only worried about getting you the best possible outcome.