When Can a Person Face Federal Weapons Trafficking Charges?

 Posted on January 21, 2022 in Federal Crimes

Gun violence is an ongoing issue in the United States. In many cases, the firearms used in crimes are purchased or acquired in states other than where crimes involving these guns occur. Since Texas is a state that has been identified as a common source of firearms used in other states, dealers or private gun sellers in Texas will need to be aware of possible violations of the law that could result in federal criminal charges.

Federal Crimes Involving the Sale or Transfer of Firearms

Firearms trafficking will typically involve gun diversion in which firearms that are legally purchased are transferred into the possession of people who are not legally allowed to possess firearms or who go on to use these guns when committing a criminal offense. Straw purchasing, in which one person purchases a firearm on behalf of someone else, is one of the most common methods of gun diversion. Guns may also be diverted into illegal markets through private sales by firearm owners or thefts from firearm dealers or sellers.

In most cases, The specific federal offenses in cases involving firearms may include:

• Selling a gun to a person who is not legally allowed to possess a firearm - A person cannot sell or transfer guns to convicted felons, illegal aliens, people who have been committed to mental institutions, people who have been convicted of offenses involving domestic violence, or people who are subject to an order of protection. People in these categories may also face federal charges if they are involved in shipping or transporting firearms in interstate or foreign commerce. A violation of this law may result in a prison sentence of up to 10 years. 

• Dealing in stolen firearms - If a person possesses, transports, or sells any firearms or ammunition that were known to be stolen during interstate or foreign commerce, they may be charged with a federal offense and sentenced to up to 10 years in prison

• Sales or transfers of illegal firearms - A person may face federal charges for participating in interstate or foreign commerce involving machine guns, short-barreled shotguns, or short-barreled rifles. This offense may result in a prison sentence of up to five years.

• Removing serial numbers from a gun - Transporting, shipping, or receiving weapons through interstate or foreign commerce after serial numbers have been removed, altered, or destroyed may result in a prison sentence of up to five years.

Contact Our Dallas Federal Weapons Charges Defense Attorneys

If you have been accused of weapons trafficking or other federal crimes, you may want to work with an attorney who is experienced in criminal cases heard in federal courts. At The Crowder Law Firm, P.C., we work to protect the rights of defendants and help them resolve federal criminal cases successfully. We will help you determine the ideal defense strategy, and we will advise you on the best steps to take to avoid being convicted or reduce your potential penalties. Contact our Fort Worth federal crime defense lawyers today at 214-544-0061 to set up a free consultation.

Sources:

https://www.law.cornell.edu/uscode/text/18/924

https://www.law.cornell.edu/uscode/text/18/922

https://www.americanprogress.org/article/frequently-asked-questions-gun-trafficking/