Federal Firearms Trafficking Charges: What You Need to Know If You’re Accused in Florida
A new federal law has created the offense of firearms trafficking that can lead to a jail sentence of up to 15 years. The experienced Florida federal criminal defense attorneys at Alers Law Firm can fight for your legal rights if you have been charged with a crime.
If you have transferred or received a firearm when you know that doing so would lead to the other person committing a felony, you can be subject to significant criminal penalties under a new federal law. Federal firearms trafficking laws may apply even when you do not expect it, making a potential jail sentence even harsher than it otherwise would have been in the past.
If you have been charged with federal firearms trafficking, you need to begin work on your legal defense immediately. The first step that you can take is to schedule a free initial consultation with a Florida weapons crime defense lawyer at Alers Law Firm or call us at (407) 930-4888.
The federal firearms trafficking statute is a relatively recent law that was passed by Congress in 2022 as part of the Bipartisan Safer Communities Act. The law was intended in part to address instances in which Firearms used in commission of crimes came from out of state. Authorities have not just used this law to go after large Firearms trafficking rings. They have applied it on an individual level when the transfer of a single firearm resulted in a felony.
Firearms Trafficking Under Federal Law
The federal firearms trafficking statute is found at 18 U.S.C. § 933. Under the law, it is illegal to:
- Ship, transport, transfer or cause to be transported a firearm to an individual if you know or have reason to believe that the recipient would commit a felony by receiving or possessing the firearm, or in how they would use it
- Receive a firearm from someone else when their transferring it to you would be a felony
- Participating in a conspiracy to perform any of the above two acts
Unlike drug trafficking charges, there are no minimum amounts of firearms that must be involved for the conduct to be a felony. Even transferring or receiving a single firearm can constitute a felony.
The prosecutor must prove the following elements for you to be convicted of federal firearms trafficking:
- There was the transfer of a firearm
- You had knowledge that the recipient was committing a felony, either by receiving it or transferring it
- The firearm was moved through interstate commerce (which gives the federal government jurisdiction over the case)
The prosecutor must prove each of these elements for you to be convicted of a crime.
Defenses to Federal Firearms Trafficking Charges
If you have been charged with federal firearms trafficking, your criminal defense attorney reviews your case to determine whether you have any applicable defenses to fight the charges against you. As you can see, knowledge and intent play a large role in the prosecutor’s case against you, and they cannot prove the charges unless they exist. Potential defenses to these charges often include negating evidence that can relate to specific elements of the alleged crime, including the following:
- You had no knowledge that the person receiving the firearm intended to commit a felony
- There was no transportation of the firearm through interstate commerce
- You did not know that it would be a felony to transfer the firearm to you
In addition, you can also use more general legal defenses that allege that your rights have been violated. For example, you can challenge physical evidence that was seized from you, such as the firearm itself, if it was seized in violation of your rights. If evidence was seized, or you were arrested, without probable cause to do so, it may be grounds to challenge the charges filed against you.
Penalties for Federal Firearms Trafficking Convictions
The law provides for a fine or a jail sentence of up to 15 years, or both, upon conviction for a federal firearms trafficking charge. Of importance here is the fact that a conspiracy conviction can result in the same penalty as if the underlying crime was actually committed. The judge retains some discretion in sentencing after applying the permissive factors in the Federal Sentencing Guidelines.
Contact a Florida Criminal Defense Law Firm Today
If you have been charged under this new federal firearms trafficking statute, get immediate legal help from a Florida criminal defense lawyer at Alers Law Firm. We have a deep knowledge of weapons laws, both on the federal and state level. You can schedule a free initial consultation with a Florida criminal defense attorney by visiting our website or by calling us today at (407) 930-4888.
