What is theft of firearm charges

| by Max Soni

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We have over 40 years of combined experience handling federal criminal defense cases that other firms won’t touch. You might know us from the Anna Delvey Netflix series, or from our work on the Ghislaine Maxwell juror misconduct case, or the Alec Baldwin stalking matter. If you’re here reading this, you’re facing a federal firearms charge – and you need to understand what theft of firearm charges actually mean for your case.

Theft of firearm charges are federal criminal offenses under 18 USC 922(j) that prosecute people for receiving, possessing, selling, or transporting stolen guns when those firearms have moved in interstate commerce. Federal prosecutors don’t need to prove you stole the gun yourself – they just need to prove you knew or had reasonable cause to believe the firearm was stolen when you possessed it, sold it, or moved it across state lines. The maximum penalty is 10 years in federal prison, and in 2024-2025 the DOJ has made stolen firearm trafficking a priority with major cases in San Antonio, Cleveland, and New York involving dozens of arrests.

Section 922(j) makes it illegal to receive, possess, conceal, store, barter, sell, or dispose of any stolen firearm that’s moved in interstate commerce. That interstate commerce element gives federal courts jurisdiction instead of state courts. Once that firearm crosses state lines or was manufactured out of state, federal prosecutors can charge you under 922(j). There’s also 922(i), which targets transporting stolen firearms across state lines. Both carry the same 10-year maximum sentence.

The knowledge element is where these cases get fought. Prosecutors must prove beyond a reasonable doubt that you either knew the firearm was stolen or had “reasonable cause to believe” it was stolen. That second standard is lower than actual knowledge – it means the facts and circumstances would make a reasonable person conclude the gun was probably stolen. Buying a Glock for $200 cash in a parking lot from someone who won’t give you their name? That’s reasonable cause to believe. Buying a used rifle from a gun show vendor with a receipt? Much harder for prosecutors to prove reasonable cause.

Defense attorneys attack the knowledge element by showing the defendant had no reason to suspect the firearm was stolen. Maybe there were no obliterated serial numbers, the seller seemed legitimate, the price wasn’t suspiciously low. Federal prosecutors counter with circumstantial evidence – the defendant’s statements, the condition of the gun, texts or messages discussing the deal.

In a February 2025 case out of New Mexico, federal prosecutors charged Jose Adan Gonzalez-Torres with possessing a stolen firearm after a traffic stop. That case shows how these charges often start – a routine stop, a records check on the firearm’s serial number, and suddenly you’re facing 15 years because the gun you thought you bought legitimately was stolen from a home burglary three states away.

The federal sentencing guidelines add another layer. Under guideline 2K2.1, if any firearm was stolen, the court adds 2 levels to your offense level calculation. That enhancement applies even if you didn’t know the gun was stolen – it’s strict liability for sentencing purposes. The Sentencing Commission proposed changing that in December 2024 to require knowledge, but as of 2025 that amendment isn’t final.

A 2-level increase matters. If you’re at offense level 12 with no criminal history, the guidelines recommend 10-16 months. Bump that to level 14, and you’re looking at 15-21 months. Prior convictions pushing you into criminal history category III or IV? We’re talking 27-33 months or more.

These cases rarely happen in isolation. Federal prosecutors in the Western District of Texas arrested 12 people in August 2024 for trafficking firearms stolen from vehicles in San Antonio. The indictments included charges ranging from 5 years for dealing without a license to 15 years for firearm trafficking and felon in possession. Those defendants got hit with dealing without an FFL, trafficking, and conspiracy counts that stacked the potential sentences.

Stolen firearm charges get bundled with other firearms offenses. You might face 922(j) for the stolen gun, plus 922(a)(1)(A) for dealing without a license, plus 922(g) if you’re a prohibited person, plus 924(c) if you possessed that stolen gun during a drug trafficking crime. Some of those stack consecutively rather than concurrently.

The interstate commerce element confuses people. You’re thinking, “I never crossed state lines with this gun.” Doesn’t matter. The statute covers firearms shipped or transported in interstate commerce “either before or after” they were stolen. Every modern firearm has moved in interstate commerce – from manufacturer to distributor to dealer. The government only needs to prove the firearm traveled across state lines at some point in its existence.

At Spodek Law Group, we’ve handled federal firearms cases for many, many years – cases where prosecutors seemed to have overwhelming evidence, cases where our clients didn’t even know the guns were stolen, cases where the sentencing exposure was decades in federal prison. Todd Spodek built this firm’s reputation on taking cases other lawyers call unwinnable, and we’ve gotten results in situations where everything looked hopeless. Federal firearms prosecutions are technical – the statutes have specific elements, the sentencing guidelines have variables and adjustments, and the caselaw on knowledge requirements and interstate commerce creates opportunities for defense.

Don’t talk to ATF or FBI agents without a lawyer present. Ever. They’re going to make it sound like cooperation helps your case – sometimes it does, usually it doesn’t. What you say in those initial interviews gets locked in, and when your story changes even slightly at trial, prosecutors use those inconsistencies to destroy your credibility. We’ve seen too many cases where a defendant thought they were explaining their innocence and instead gave federal prosecutors every piece of evidence needed to convict.

If you’re charged under 922(j), you’re looking at up to 10 years maximum, but the actual sentence depends on your offense level calculation, your criminal history, whether you accept responsibility, and whether your lawyer can argue for a variance below the guidelines. Federal judges have discretion after United States v. Booker to sentence below the guidelines – your attorney needs to give them compelling mitigation evidence and legal arguments.

One issue that matters – whether the serial number was obliterated or altered. That’s a separate 4-level enhancement, compared to just 2 levels for stolen firearms. If you’re caught with a stolen gun that also has a scratched-off serial number, you’re getting hit with a much higher guidelines calculation. Prosecutors love stacking these enhancements because it drives up the advisory range and gives them leverage in plea negotiations.

We don’t make promises about outcomes – federal law is unforgiving, and every case depends on specific facts and the particular judge assigned. But we know what arguments work, we know which judges grant variances and which ones don’t, and we know how to fight the government’s case on the knowledge element and the interstate commerce requirement. Reach out to us at Spodek Law Group if you’re dealing with theft of firearm charges. We’re available 24/7 because we understand these cases don’t happen on a convenient schedule – arrests happen at 3am, indictments drop on Friday afternoons, and you need answers immediately, not next week.