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Unlawful Sale Or Disposition Of Firearms 18 USC Section 922(a)

Unlawful Sale Or Disposition Of Firearms: What You Need To Know About 18 USC Section 922(a)

The unlawful sale or disposition of firearms is regulated by 18 USC Section 922(a), which is part of the federal Gun Control Act. This law makes it illegal for certain people to sell, deliver, or otherwise transfer firearms under certain circumstances. As a gun owner, it’s important to understand what this law says so you don’t inadvertently break it.

What Does 18 USC Section 922(a) Prohibit?

There are a few key things that Section 922(a) prohibits:

• Selling firearms if you are not a licensed dealer, importer, or manufacturer. This means private sellers can’t be “engaged in the business” of selling firearms regularly without a license. What constitutes being “engaged in the business” is a bit vague, but regularly selling large numbers of guns for profit would qualify.
• Shipping or transporting firearms interstate without a license. So someone can’t, for example, buy cheap guns in one state and resell them in another state without a federal firearms license.
• Delivering handguns to out-of-state residents. This is to prevent circumventing state laws.
• Transferring firearms to people who can’t legally possess them. It’s illegal to sell guns knowingly to convicted felons, domestic abusers, drug addicts, or other prohibited persons.
• Shipping stolen firearms or delivering firearms with removed/altered serial numbers. This helps prevent trafficking of illegal guns.

So in summary, Section 922(a) aims to keep firearms out of the wrong hands by regulating who can sell guns and how they are transferred. There are exceptions, like transferring guns to relatives, gifting guns, or selling the occasional gun from a personal collection. But habitually selling guns for profit without a license is illegal.

Penalties For Breaking 18 USC 922(a)

The penalties for violating Section 922(a) depend on the specific offense. But in general:

• Illegally engaging in the business of dealing firearms is punishable by up to 5 years in prison, a $250,000 fine, or both. Subsequent offenses can be up to 10 years imprisonment.
• Knowingly transferring guns to a prohibited person can lead to 10 years imprisonment, plus fines.
• Shipping stolen guns or guns with removed serial numbers across state lines can get you 5 years imprisonment, fines, or both.

So these are serious federal felonies. The ATF and FBI actively investigate and prosecute cases involving unlawful firearms trafficking and sales.

Defenses To 18 USC 922(a) Charges

If you’ve been charged under 18 USC Section 922(a), there are certain legal defenses that may apply in your case:

• You had no knowledge the buyer was prohibited. If you can show you reasonably believed the buyer was allowed to purchase guns, this negates the intent required for a conviction.
• Your sales fall under the “occasional sales” exception. If you only make occasional gun sales as a hobby or from your personal collection, you aren’t “engaged in the business.”
• You have a valid federal firearms license. This exempts you from the licensing requirements.
• The guns never crossed state lines. Section 922(a) only applies to interstate commerce and transportation.
• You didn’t actually “transfer” the firearms. For example, if you only brokered the deal between buyer and seller.

If any of these defenses fit your situation, an experienced criminal defense lawyer may be able to get the charges dismissed or reduced.

How To Comply With 18 USC 922(a)

To avoid running afoul of Section 922(a), here are some tips:

• Don’t regularly buy and resell guns for profit without getting a federal firearms license. Even selling at gun shows requires a license if you do it regularly as a business.
• Don’t sell or give guns to anyone who is prohibited from owning them, like a felon. Always do a background check first.
• Never agree to transport guns interstate for someone else without a license.
• Don’t sell guns to out-of-state residents without going through a licensed dealer in the buyer’s home state.
• Never sell or transfer firearms with removed or altered serial numbers.
• Keep records of all your gun sales and only make occasional sales from your personal collection.

Exercising caution and staying up to date on federal gun laws will help ensure you don’t commit any unlawful sales or transfers. When in doubt, talk to an ATF agent or firearms lawyer!