How serious is selling guns without FFL

| by Max Soni

Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, and we’ve been handling federal criminal cases for over 40 years. You might know us from the Anna Delvey Netflix series, or the Ghislaine Maxwell juror misconduct case – many of the cases we’re famous for handling are cases that others say were unwinnable. If you’re reading this article, you’re probably facing questions about firearms transactions without a federal license, and the stakes couldn’t be higher.

Federal firearms violations aren’t like state gun charges. Selling guns without a Federal Firearms License (FFL) carries up to five years in federal prison per violation, and that’s before any enhancements kick in. The Bureau of Alcohol, Tobacco, Firearms and Explosives doesn’t mess around with these investigations, even though enforcement policies shifted in 2025. This article breaks down what triggers the FFL requirement, the criminal penalties you’re facing, and why the 2025 enforcement landscape – while different from Biden’s zero-tolerance era – still results in serious federal prison time.

When You Actually Need an FFL

The federal statute is 18 USC § 922(a)(1)(A), and it makes it illegal for anyone except a licensed importer, manufacturer, or dealer to engage in the business of dealing firearms. The phrase that matters is “engaged in the business” – because that’s where the line gets drawn between legal private sales and federal crimes.

ATF defines this as someone who “devotes time, attention and labor to dealing in firearms as a regular course of trade or business to predominantly earn a profit through repetitive purchase and resale of firearms.” The Bipartisan Safer Communities Act in 2022 said anyone dealing firearms to predominantly earn profit needs a license, regardless of transaction volume.

But a federal court in Alabama struck down ATF’s expanded rule in October 2025. The court said ATF overreached when claiming even a single firearm transaction could require a license. The judge wrote that “regular business requires more than one firearm transaction involving a single firearm.” This doesn’t mean you can sell guns freely – you’re still at risk if you’re buying and selling firearms regularly for profit.

Personal sales from your private collection – that’s generally legal without an FFL. Buying guns at shows to resell them for profit – that puts you in federal crosshairs. The line isn’t always clear, which is exactly how people end up with ATF knocking on their door.

The Federal Criminal Penalties Are Severe

Violating 18 USC § 922(a)(1)(A) – dealing without a license – carries up to five years in federal prison per violation. Per violation. If prosecutors decide each sale is a separate count, and you’ve sold 50 guns, the exposure stacks up fast. The statute also includes fines, which federal judges can impose in addition to prison time.

Federal sentencing guidelines drive how much time you actually serve. Judges calculate an offense level based on the number of firearms involved, whether any guns went to prohibited persons, if firearms crossed state lines, criminal history points from your past record. The guidelines aren’t mandatory anymore after United States v. Booker, but judges still use them as the starting framework.

Look at David Joseph Mull from Indiana – he got four years in federal prison in 2025 for selling over 1,300 firearms without an FFL. Many guns ended up in Mexico. ATF sent him a cease-and-desist letter in 2016 telling him he needed a license. He ignored it and kept running his unlicensed business, buying firearms at gun shows and reselling them. When federal prosecutors charged him, he pleaded guilty and got 48 months.

Four years in federal prison for doing what he probably thought was just buying and selling guns. Federal judges don’t care about your intentions when you’re standing there at sentencing – they care about what the guidelines calculate and what the law requires.

How Federal Prosecutors Build These Cases

ATF investigations don’t start with arrests – they start with surveillance, records analysis, informants. Federal agents track gun show purchases, follow firearms that turn up at crime scenes back to their source. When multiple guns sold by the same person show up in criminal investigations, ATF builds a case.

The interstate commerce element gives federal jurisdiction. If you bought a firearm manufactured out of state or shipped across state lines at any point, that satisfies the requirement. Almost every modern firearm meets this test.

Cease-and-desist letters are common. ATF sends you a letter saying you need to stop or obtain an FFL. Some people comply. Others – like David Mull – ignore the warning and keep selling. That ignored letter becomes powerful evidence at trial, showing you had notice of the legal requirement and willfully violated it anyway.

The 2025 Enforcement Landscape Has Shifted But Prosecutions Continue

In April 2025, ATF ended its zero-tolerance policy for gun dealers – the Biden-era approach that led to record FFL revocations. That policy targeted licensed dealers who committed violations like selling without background checks. The new policy gives more discretion for administrative violations.

But criminal prosecutions for unlicensed dealing continue. Selling guns without any license is still a federal crime, and DOJ keeps prosecuting. The Mull case from May 2025 shows federal prosecutors are still seeking serious prison time.

18 USC § 922(a)(1)(A) is still on the books, ATF still investigates, and federal prosecutors still have every tool to charge and convict unlicensed dealers.

What Happens When You’re Charged

Federal firearms charges mean federal district court – stricter sentencing, judges who follow guidelines, prosecutors with specialized training. Most defendants have never been in federal court before, and the system moves faster and hits harder than they expect.

Once you’re indicted, you face a choice: trial or plea. Federal conviction rates run around 90% – the government doesn’t indict cases they can’t prove. Judges order a presentence investigation report that calculates your guidelines range. Enhancements increase your offense level – if firearms went to prohibited persons, if you used straw purchasers, if volume was high.

Mandatory minimums apply if your dealing charge stacks with other violations – like if you’re a prohibited person who possessed these firearms while dealing them, or if you made false statements on ATF forms. These trigger separate charges with mandatory minimums that run consecutive to your dealing charge.

At Spodek Law Group – we’ve handled federal firearms cases involving straw purchasing, unlicensed dealing, prohibited person possession. Todd Spodek has been defending federal cases for many, many years – he’s a second-generation criminal defense attorney who learned this work from his father, also a defense lawyer. We handle cases nationwide because federal jurisdiction means location doesn’t limit where your case gets prosecuted.

If ATF is investigating you, if you’ve received a cease-and-desist letter, if you’re facing charges for dealing without an FFL – act immediately. Every statement you make to investigators without a lawyer becomes evidence against you. Federal cases don’t go away.

Selling guns without a federal firearms license is serious – up to five years per violation serious, federal prison serious, criminal record that prohibits you from ever owning firearms again serious. Federal prosecutors are still bringing these cases and federal judges are still imposing serious sentences.