Interstate Firearms Trafficking: Federal Penalties and Investigations

Thanks for visiting Spodek Law Group, a second-generation criminal defense firm managed by Todd Spodek, with over 50 years of combined experience defending federal firearms trafficking cases throughout New York. Federal prosecutors dont mess around with gun trafficking. They use mandatory minimum sentences, the Armed Career Criminal Act, and career offender guidelines to push for decade-long prison terms. There’s no parole in federal prison – you serve at least 85% of your sentence. And federal investigations involve wiretaps, multi-state surveillance, undercover operations, and cooperation between ATF, FBI, and local police across multiple jurisdictions.

Federal Statutes That Target Interstate Trafficking

The primary federal statute is 18 U.S.C. § 922, which makes various firearms-related conduct illegal. For trafficking cases, prosecutors focus on specific subsections.

§ 922(a)(1)(A) – Dealing Without a License

It’s illegal to engage in the business of dealing firearms without a Federal Firearms License (FFL). The statute doesn’t define how many sales make you a “dealer,” but ATF and prosecutors argue that even 2-3 sales with intent to make profit qualifies. I’ve defended clients charged federally for selling four handguns over six months. Prosecutors claimed that proved they were “engaged in the business.”

What “Engaged in the Business” Means

Federal regulations define it as “devoting time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit.” But prosecutors apply it broadly. If you bought guns with the intent to resell for profit – even once or twice – they argue you’re dealing.

§ 922(d) – Transferring to Prohibited Persons

Selling or transferring firearms to someone you know is prohibited – convicted felons, fugitives, drug users, domestic violence offenders – violates this statute. Penalties: up to 10 years per count. Prosecutors stack counts – one for each firearm transferred.

§ 924 – Penalties

This section sets the punishment. Dealing without a license under § 922(a)(1)(A) carries up to 5 years. But prosecutors add enhancements. If you have prior felony convictions, that triggers longer sentences. If trafficking involved 50+ firearms, the sentencing guidelines climb dramatically.

Mandatory Minimums That Destroy Lives

Federal firearms cases often trigger mandatory minimum sentences – meaning the judge has no discretion to go below that number no matter what mitigating factors exist.

Armed Career Criminal Act – 15 Years Mandatory

18 U.S.C. § 924(e) is brutal. If you’re convicted of being a felon in possession under § 922(g) and you have three prior convictions for violent felonies or serious drug offenses, the mandatory minimum is 15 years. No exceptions.

I’ve represented clients facing 15-year minimums because of drug convictions from 20 years ago. Doesnt matter if they’ve been clean since. Doesn’t matter if the prior convictions were non-violent. Three strikes triggers the 15-year mandatory.

Career Offender Guidelines

U.S. Sentencing Guidelines § 4B1.1 designates you a “career offender” if you have two prior felony convictions for crimes of violence or controlled substance offenses. Career offender status dramatically increases your guideline range – often to 15-20+ years even without a statutory mandatory minimum.

§ 924(c) – Firearm in Furtherance of Another Crime

If you used or carried a firearm during a drug trafficking crime or crime of violence, that’s an additional mandatory 5 years consecutive to whatever else you get. Second offense? 25 years mandatory. These stack – prosecutors charge multiple § 924(c) counts to build sentences of 30, 40, 50 years.

Federal Sentencing Guidelines for Trafficking

Even without mandatory minimums, the federal sentencing guidelines produce harsh sentences for trafficking cases.

Base Offense Level	Conduct	Approximate Sentencing Range (No Criminal History)
Level 12	Unlawful dealing – fewer than 5 firearms	10-16 months
Level 14	Unlawful dealing – 5-24 firearms	15-21 months
Level 16	Unlawful dealing – 25-49 firearms	21-27 months
Level 20	Unlawful dealing – 50-199 firearms	33-41 months
Level 24	Unlawful dealing – 200+ firearms	51-63 months

But prosecutors add enhancements. If trafficking involved prohibited persons, add levels. If you were an organizer or leader, add levels. If you obstructed justice, add levels. A base level 14 case quickly becomes level 20 or higher after enhancements.

And that’s assuming no criminal history. Prior convictions increase your criminal history category, which raises the sentencing range dramatically. A level 20 offense with criminal history category III jumps to 46-57 months.

How Federal Investigators Build Trafficking Cases

Federal firearms trafficking investigations are sophisticated, resource-intensive operations involving multiple agencies and investigative techniques.

ATF and FBI Task Forces

ATF runs Joint Firearms Task Forces in major cities, partnering with FBI and local police. These task forces focus on interstate trafficking, straw purchasing schemes, and large-scale dealers. They have resources state prosecutors dont – wiretap authority, federal grand juries, multi-state surveillance capabilities.

Wiretaps and Electronic Surveillance

Federal prosecutors use Title III wiretaps to intercept phone calls and text messages. They must show probable cause that other investigative techniques have failed or are too dangerous. Once approved, they intercept communications between traffickers, straw buyers, and customers.

I’ve defended wiretap cases where prosecutors had six months of recorded calls discussing specific firearms, prices, delivery locations. That’s devastating evidence at trial. But wiretaps also create defense opportunities – if ATF didnt follow proper minimization procedures or exceeded the scope of the order, we file motions to suppress.

Controlled Deliveries and Undercover Operations

ATF agents pose as buyers, arrange to purchase firearms from suspected traffickers. They record the transaction, make the buy, then arrest the seller. Or they run “reverse stings” – agents pose as sellers, offer firearms to targets, complete the sale, then arrest the buyer.

Undercover operations often run for months. Agents build relationships with targets, make multiple purchases to establish a pattern, gather evidence about the trafficking organization.

Cooperating Witnesses

Federal prosecutors flip defendants constantly. They arrest a low-level straw buyer, threaten 10 years, offer cooperation. The straw buyer gives up the person who recruited them. That person cooperates and gives up their supplier. The chain goes up until prosecutors reach the organizers.

I’ve seen cooperation agreements where defendants faced 15-year mandatories, cooperated, and got probation. But cooperation requires substantial assistance – wearing a wire, making controlled purchases, testifying.

Why Federal Prosecution Is Worse Than State

Federal prison has no parole – you serve at least 85% of your sentence with good time credit. 10-year sentence? You’re doing 8.5 years minimum. State prison in New York has parole – you might serve 60-70%.

Federal law is full of mandatory minimums. State law has fewer. New York judges have more discretion. Federal judges often have none.

Federal sentencing guidelines and enhancements produce longer sentences than comparable state charges. Criminal sale of firearms in the first degree under NY law carries 5-25 years. But federal trafficking with enhancements can exceed that, especially with career offender or Armed Career Criminal Act provisions.

Federal prisons are often located far from New York. Your family cant visit easily. State prisons keep you closer to home.

What Spodek Law Group Does

We challenge every element. Can prosecutors prove you were “engaged in the business”? Can they prove you knew the buyer was prohibited? We attack wiretap evidence – did ATF follow minimization requirements? Did they exceed the scope of the authorization?

We fight enhancements. Prosecutors will try to add levels for leadership role, obstruction, number of firearms. We argue the facts dont support those enhancements. Knocking down two levels can save years.

We challenge mandatory minimums. For Armed Career Criminal Act cases, we argue prior convictions dont qualify as “violent felonies” under current Supreme Court precedent. We file motions to dismiss counts that would trigger mandatories.

We negotiate aggressively. Federal prosecutors have enormous leverage, but they also want cooperation. If you can provide substantial assistance, we negotiate cooperation agreements that dramatically reduce exposure.

At Spodek Law Group, we’ve defended federal firearms trafficking cases from single-gun sales to multi-state operations. You can reach us 24/7 at our offices throughout NYC and Long Island. When federal prosecutors come after you, your defense matters.