NATIONALLY RECOGNIZED FEDERAL LAWYERS
What is stolen firearm possession
|Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek – with over 40 years of combined experience handling federal firearms cases. We’ve defended clients in the Anna Delvey Netflix series, the Ghislaine Maxwell juror misconduct case, and the Alec Baldwin stalking case. If you’re facing stolen firearm charges, you need attorneys who understand how federal prosecutors build these cases.
Stolen firearm possession is a federal crime under 18 U.S.C. § 922(j). It’s possessing a gun that you knew – or should have known – was stolen, and that gun moved across state lines at some point. The maximum penalty is 10 years in federal prison, and prosecutors routinely stack this charge with felon-in-possession charges or drug trafficking counts to maximize your exposure.
This article explains what stolen firearm possession means under federal law, how the government proves knowledge, what penalties you’re facing, and what defenses exist. The knowledge requirement is where cases get won or lost.
What Makes This a Federal Crime
Federal law makes it illegal to receive, possess, conceal, store, barter, sell, or dispose of any stolen firearm that moved in interstate commerce. Almost every firearm manufactured in the United States crosses state lines during manufacturing, distribution, or sale. Federal prosecutors use this to establish jurisdiction over what would otherwise be a state theft case.
The statute requires three elements. You possessed a firearm – either actual possession or constructive possession in your car, house, or some location you controlled. That firearm was stolen, proven through police reports, serial number databases, or owner testimony. The firearm moved in interstate commerce either before or after it was stolen.
What separates 922(j) from other gun crimes is the knowledge element. You must have known – or had reasonable cause to believe – the firearm was stolen. The government needs evidence you knew something was wrong with how you got that firearm.
How Prosecutors Prove Knowledge
Federal prosecutors don’t need to prove you had definitive knowledge the gun was stolen – they just need to show you had reason to suspect it.
You bought a Glock for $200 cash in a parking lot with no paperwork – that’s reasonable cause to believe it was stolen. The serial number was filed off. You can’t produce any bill of sale or documentation showing legal transfer. The person who sold it to you isn’t a licensed dealer. All of this builds the government’s case that you should have known something was wrong.
Federal prosecutors use your own statements against you. When agents question you, they’re listening for inconsistencies. You say you bought it from “some guy” whose name you don’t remember – that sounds like you knew it was hot. You claim someone gave it to you as a gift but can’t explain why there’s no documentation.
Text messages and recorded jail calls come into play. “Got that piece for cheap” or “no one’s gonna trace this” – statements like that destroy any claim you didn’t know the gun was stolen. In one recent case, ATF agents traced a firearm through the National Tracing Center, matched it to a theft report from three states away, and found text messages where the defendant acknowledged buying it “off the street” for half retail value. The jury convicted in under two hours.
Penalties and Stacking Charges
Stolen firearm possession under 922(j) carries a maximum sentence of 10 years in federal prison. There’s no parole in the federal system.
Federal prosecutors rarely charge 922(j) by itself. They stack it with other firearms violations to increase your sentencing exposure. Felon in possession under 922(g) adds another 15 years maximum. Possession of a firearm in furtherance of a drug crime under 924(c) adds a mandatory minimum of 5 years consecutive – meaning it runs after whatever sentence you get on the other counts.
A stolen firearm possessed by someone with prior felony convictions can push the guidelines range into the 5-7 year territory before prosecutors add other charges. Michael Lee Stover, 37, was sentenced to eight years in federal prison in 2025 for possession of a stolen firearm as a convicted felon – that’s the reality of how these sentences play out.
The government uses these stacked charges as leverage. They offer to drop the 924(c) count if you plead guilty to the stolen firearm charge. That looks like a deal – until you realize you’re still facing years in federal prison and a felony conviction that destroys your future employment, housing, and gun rights.
How People Get Caught
Traffic stops are the most common way stolen firearm cases start. You get pulled over for a broken taillight. The officer asks if there are any weapons in the vehicle – you admit there’s a gun or consent to a search. The officer runs the serial number through the National Crime Information Center database, it comes back stolen, and you’re under arrest.
Search warrants during drug investigations turn up stolen guns constantly. Federal agents execute a warrant looking for narcotics, they find firearms, they run every serial number. One comes back stolen from a burglary in another state. That adds a 922(j) charge to your drug indictment.
ATF firearms tracing connects guns to theft reports across the country. When a gun is recovered, police submit a trace request to ATF’s National Tracing Center. The ATF requires federal firearms licensees to report theft or loss within 48 hours, creating a database that makes tracing stolen guns easier.
Defenses That Actually Work
Lack of knowledge is the primary defense. If the government can’t prove you knew or had reasonable cause to believe the firearm was stolen, they can’t convict you. This works when you can show a legitimate purchase from what appeared to be a legal source. You paid fair market value, the transaction seemed normal, the serial number wasn’t altered.
Challenging whether the gun was actually “stolen” matters in some cases. If the original owner can’t be located, if theft reports are inconsistent, or if there’s a dispute about ownership, the prosecution’s case weakens. We’ve seen cases where someone reported a gun stolen during a divorce dispute, but it was actually a shared marital asset.
Constructive possession defenses work when the firearm was in a location accessible to multiple people. If three people live in an apartment and a stolen gun is found in a common area, the government needs additional evidence linking you specifically to that firearm.
What You Should Do
Don’t talk to federal agents or police without an attorney. The biggest mistake people make is giving statements trying to explain how they got the gun. Every word you say gives prosecutors evidence to prove knowledge. “I bought it from a guy” proves you acquired it through an informal transaction. “I didn’t know it was stolen” proves you possessed it. Silence is your only correct response.
Federal firearms cases are serious. These aren’t state misdemeanors that get reduced to probation. Federal prosecutors want convictions and prison time. You need attorneys who have handled federal gun cases before and who know how to challenge the knowledge element.
At Spodek Law Group – we’ve defended clients against federal firearms charges for many, many years. We know how ATF traces work, how prosecutors use circumstantial evidence to prove knowledge, and what defenses actually succeed in front of federal judges and juries. Federal convictions follow you forever – employment, housing, gun rights, voting rights. Unlike other law firms who care about their relationships with prosecutors, our only goal is getting you the best possible outcome.
If you’re under investigation or you’ve already been charged, contact us immediately. We’re available 24/7 and we represent clients coast-to-coast.