Unlicensed Firearms Dealing 18 USC Section 922(a)(1)(A)

Unlicensed Firearms Dealing: What You Need to Know

Buying and selling guns without a license can land you in serious legal trouble. Let’s take a closer look at unlicensed firearms dealing under 18 USC Section 922(a)(1)(A) – what it means, the penalties, and potential defenses.

What is Unlicensed Firearms Dealing?

Under 18 USC Section 922(a)(1)(A), it’s illegal for any person except a licensed firearms importer, manufacturer, or dealer to engage in the business of dealing in firearms. This includes shipping, transporting, or receiving any firearm across state or national borders as part of such business.

So if you repeatedly buy and sell guns with the intent to make a profit, you could be guilty of unlicensed firearms dealing even if you’re not technically running a formal business. The law targets people unlawfully operating as unlicensed gun dealers.

Penalties for Unlicensed Firearms Dealing

If convicted, penalties for unlicensed firearms dealing can include:

• Up to 5 years in federal prison
• Fines up to $250,000
• Probation

And if the dealing offense involves transporting firearms between states or countries, the prison sentence jumps to up to 10 years.

These are serious federal felonies with lasting consequences. You’ll lose gun ownership rights and have a felony record making jobs, housing, and other opportunities much harder to obtain.

What are the Defenses?

Those accused of unlicensed firearms dealing do have defenses to challenge the charges. Some common defenses include:

Lack of “Engaged in the Business”

The law targets those “engaged in the business” of unlicensed firearms dealing. If your gun sales were infrequent or you weren’t trying to profit, you may fall outside the law’s scope. The defense would need to show your lack of a real business.

Lack of Intent

If you can show you didn’t intentionally or knowingly commit unlawful dealing, that could rebut the charges. For example, maybe you reasonably but mistakenly thought you had a proper license.

Entrapment

This argues that law enforcement induced you to break the law in a way you otherwise wouldn’t have. If officers pressured you into committing unlicensed gun sales, entrapment may succeed as a defense.

What About Licensed Gun Sales?

With a proper federal firearms license, you can lawfully sell guns across state lines and internationally. But even licensed dealers must abide by other state and federal gun laws.

There are rules on who you can and can’t sell to. It’s illegal to sell guns knowingly to:

• Felons
• Fugitives
• Drug users
• Those under restraining orders
• Undocumented immigrants
• Those dishonorably discharged from the military

Licensed dealers also must properly notify shipping carriers when firearms are in transit. And they need to maintain records of buyers’ identities and other purchase details.

Unlawfully dealing guns without a license or misusing a firearms license can both lead to prosecution. An experienced criminal defense lawyer can advise you on your case specifics and defense options.