Chicago’s Federal Law Experts at Alliant Law Can Help
Federal Weapons Trafficking is the act of illegally receiving, possessing, or transporting firearms or ammunition. Further, Weapons trafficking is the movement or transfer of firearms, guns, weapons, parts, or ammunition from a legal to illegal market.
Licensed firearms dealers can and do sell guns and ammunition both interstate and internationally. However, the same acts could potentially lead to federal charges under 18 USC §922 if you are not properly licensed. The more popular term for this is “gun running” and if you are not licensed, it does not matter what kind of firearms you are trafficking. Since illegally sold firearms are used in crimes far more frequently than those purchased legally, these crimes are aggressively prosecuted.
High profile shootings across the country have created a level of public interest that allows the United States Attorney’s Office very little leeway in terms of not charging offenders for these types of crimes. In conjunction with the Bureau of Alcohol, Tobacco and Firearms (“ATF”), the prosecutors do not hesitate to seek the harsh penalties the law proscribes.
Many times offenders will be charged at first at the state court level to get the process started and to get the offender off the streets. The local police officer who may have years dealing with a particular offender and have a personal bias against him or her, may then consult with his local federal ATF agent and convince the agent and the United States Attorney’s Office to take the case federal. This practice is not only legal but actually is quite common, the motive being that the federal penalties are so much more serious than the state penalties.
These cases generally increase in complexity and severity of sentence depending on the number and type of weapons trafficked, as well as the manner and method of transporting the firearms.
“What does federal law say about arms trafficking?”
18 USC 922 says:
It is unlawful for any person:
(A) except a licensed importer, licensed manufacturer, or licensed dealer to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or
(B) except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce.
Federal Weapons Trafficking is punishable by up to 10 years imprisonment. May receive minimum sentence of 15 years without parole if offender has three or more prior convictions for a felony crime of violence (e.g. burglary, robbery, assault, possession of offensive weapons) and/or drug trafficking felony. To seek representation by an experienced federal defense attorney, contact the Chicago law office of the Alliant Law Group LLC by calling (708) 366-9900. Consultations are free and confidential.