Unlawful Transportation Of Firearms 18 USC Section 922(e)

Unlawful Transportation of Firearms: An Overview of 18 USC Section 922(e)

Transporting firearms across state lines or internationally can lead to federal criminal charges if not done lawfully. Section 922(e) of Title 18 of the United States Code makes it illegal to ship firearms or ammunition across state or country borders without following strict rules. This article provides an overview of the law, exceptions, penalties, and defenses.

Are There Any Exceptions Under 18 USC 922(e)?

There are a few exceptions that allow the transportation of firearms without notice in certain circumstances:

• Shipments made by licensed firearms importers, manufacturers, dealers or collectors. They are exempt when shipping to other licensed individuals.
• Transporting antique firearms made before 1898. These are not considered regular firearms under federal law.
• Certain law enforcement agencies and military entities may transport weapons without notice.
• Individuals can drive across state lines with lawful firearms without notifying carriers, but air travel requires adhering to TSA regulations.

As long as you fall under one of the exceptions, you can transport weapons without written notice. However, it is still advisable to follow TSA guidelines and local laws if traveling by air.

What Are the Penalties for Violating 18 USC 922(e)?

Violating the federal notice requirement when shipping firearms is considered a felony. The maximum penalties upon conviction are:

• Up to 5 years in federal prison
• Fines up to $250,000 for individuals or $500,000 for organizations
• 3 years of supervised release
• Forfeiture of the illegally transported firearms and ammunition

Judges determine penalties based on the specific circumstances of each case. Prior criminal history, the number of guns transported, and other factors influence sentencing.

Are There Any Legal Defenses to 18 USC 922(e) Charges?

Like all criminal cases, there are potential legal defenses if you’ve been accused of violating 18 USC 922(e):

• You qualify for an exception. If you are a licensed dealer or otherwise exempt, you can argue the law does not apply to your transportation of firearms.
• No “knowing” violation. Prosecutors must prove you knowingly violated the notice requirement. If you can show it was an unintentional mistake, it may help your case.
• Law enforcement entrapment. If an agent pressured you into committing a crime you otherwise wouldn’t, it could be entrapment.
• 4th Amendment violations. If evidence was obtained illegally through an improper search or seizure, it may be excluded.

An experienced federal gun crimes defense lawyer can evaluate the specifics of your case and decide whether to file pretrial motions to suppress evidence or dismiss charges.

Proper Shipping of Firearms Under Federal Law

To avoid violations of 18 USC 922(e), it’s important to understand the proper procedures for transporting firearms:

• When using a common carrier like UPS or FedEx, you must notify them that firearms are in the package. This is often done through checking a box on the shipping form.
• Airlines have additional regulations enforced by TSA. You must declare firearms at check-in and use TSA-approved locked cases. Ammo must be shipped separately.
• For international travel, you need to check each country’s importation laws. Declarations and permits are usually required.
• When driving across state lines, firearms should be unloaded and in a locked case in the trunk or rear storage area. Follow all local and state laws too.
• Use a secure container like a hard-sided case specifically designed for firearms. Make sure it is locked for any transportation.

The laws can be complex, so consult with an attorney if you regularly ship weapons. Mistakes can lead to federal charges.

Why Was 18 USC 922(e) Enacted?

This federal law was enacted in 1968 as part of the Gun Control Act signed by President Lyndon Johnson. It was intended to help control interstate gun trafficking and transport of firearms related to crime.

By requiring common carriers be notified of firearm shipments, it makes it more difficult for people to discreetly traffic large quantities of weapons illegally. This provides an extra tool for fighting gun violence.

However, many argue this law infringes upon 2nd Amendment rights. Those who lawfully own guns often must transport them when moving or traveling. If done properly following TSA and local laws, most legal shipments should not violate federal rules. But it does add an extra layer of regulation.

Consulting an Attorney for Guidance

Transporting firearms always carries legal risks. The complex patchwork of federal, state, and local laws can make it confusing, even for responsible gun owners. To avoid inadvertent violations, it helps to consult an attorney experienced with weapons statutes.

A lawyer can provide guidance on safely and legally transporting firearms through all legal channels. They can also defend your rights if you end up charged under 18 USC 922(e) or other weapons laws. Don’t take chances – get legal counsel.