Gun trafficking laws are a topic of ongoing debate amongst legislators, lobbyists, and the public. Some believe our nation’s gun laws are too sparse or lenient, while others vouch for the opposite. Gun trafficking is now a federal crime. In June 2022, Congress passed the Bipartisan Safer Communities Act, which created specific federal offenses for trafficking in firearms and for straw purchasing, each punishable by up to 15 years in prison.
If you or a loved one has been arrested for a gun-related crime, you could face long-term imprisonment and fines. It is essential to have a determined, experienced attorney begin working on your defense as soon as possible. Call Goldman Wetzel for immediate legal assistance in Florida. We will spring into action and try to prevent the state or feds from filing formal charges against you, negotiate with the prosecutor for lesser penalties, or take other steps necessary to preserve your rights.
Contact our criminal defense lawyers at 727-828-3900 now.
Are there any gun trafficking laws on the books?
Yes. For years there was no federal law that specifically prohibited gun trafficking, and prosecutors relied on paperwork and licensing offenses. That changed in June 2022. Under 18 U.S.C. § 933, it is a federal crime to ship, transport, or otherwise transfer a firearm to another person knowing, or having reasonable cause to believe, that the person’s use, carrying, or possession of it would be a felony. Receiving a firearm under the same circumstances is also a crime. The maximum penalty is 15 years in prison.
Are there other federal gun-related charges defendants can face?
Yes. Beyond the trafficking statute, several other federal gun laws can lead to charges.
The most common federal gun-related crime involves “straw purchases.” A straw purchase is when a gun buyer uses another person, the “straw buyer” (a person without a criminal record who can pass a background check) to complete the paperwork required to purchase a gun. Gunrunners often have straw buyers obtain guns for them so that law enforcement cannot trace the gun back to them.
Since 2022, 18 U.S.C. § 932 has made straw purchasing its own federal crime: buying a firearm on behalf of another person while knowing, or having reasonable cause to believe, that the person is prohibited from having one or plans to use it in a felony. Two older federal statutes, 18 U.S.C. § 922(a)(6) and 18 U.S.C. § 924(a)(1)(A), also apply. Both prohibit lying on the form required to purchase a firearm (ATF Form 4473).
Essentially, the statutes state that you may not provide false information to buy a gun or buy a gun to transfer to another party. On ATF Form 4473, it states in bold print: “Warning: You are not the actual transferee/buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual transferee/buyer, the dealer cannot transfer the firearm(s) to you.”
In addition to anti-straw purchase laws, the federal government also regulates the transfer of guns between states. An unlicensed person cannot transfer a gun to a person who resides in another state. If you do so, you might face jail time and fines.
If you or a loved one is under investigation or has been arrested for straw purchasing or another federal gun crime, we will intervene and attempt to persuade the prosecutor to drop charges or pursue a lesser sentence.
Does Florida have gun trafficking laws?
In Florida, most alleged gun traffickers face charges for violating Florida Statute § 790.065(12), which is similar to the aforementioned federal straw purchasing laws: “Any potential [gun] buyer or transferee who willfully and knowingly provides false information or false or fraudulent identification,” has committed a felony crime in Florida.
Other gun charges in Florida include:
- Carrying a concealed weapon when not legally eligible to carry one
- Possession of a firearm by a convicted felon
What are the penalties for gun-related charges?
The potential penalties you face depend on the nature of the offense, the presence of any aggravating factors, your criminal history, and whether your case is in a state or federal court’s jurisdiction.
For example, if officers charge you with providing false information to acquire a gun (breaking Fl. St. § 790.065(12)), the crime is a third-degree felony, punishable by up to:
- A $5,000 fine; and
- Five years’ imprisonment.
A conviction for straw purchasing under 18 U.S.C. § 932 or firearms trafficking under § 933 carries a fine and up to 15 years in prison. The maximum for straw purchasing rises to 25 years if the buyer knew or had reason to believe the firearm would be used in a felony, an act of terrorism, or drug trafficking.
If you face charges for breaking 18 U.S.C. § 922(a)(6), you could face:
- Fines; and
- Up to 10 years’ imprisonment.
It is not uncommon for the prosecutor to charge defendants with multiple offenses at a time, and gun-related charges often have “enhancements,” both of which can significantly increase the penalties. When you work with Goldman Wetzel, we will explain exactly what you are up against and what types of defenses might be plausible for your case.
How can Goldman Wetzel assist with your case?
As zealous trial attorneys with experience working in the State Attorney’s Office, we are fully steeped in the process and defense of criminal cases, from initial investigation to sentencing. Our team of defense lawyers has helped numerous people successfully navigate the criminal justice system, including those charged with gun crimes.
Building a stalwart defense early on in cases and using the various legal strategies we have garnered have resulted in the best possible outcomes for defendants. This is why it is critical to contact our firm straightaway so we can begin working on your case. We will comb through the prosecutor’s case, look for errors or gaps in evidence, negotiate for a lesser sentence, and raise objections where applicable.
We will explore all defense options, uphold your rights throughout the process, and aggressively defend your case. We will serve as your advocates in the legal system and present your case in the best possible light. Attorneys Goldman and Wetzel will work together towards a positive resolution on your behalf, be it a dismissed case, mitigated charges, or reduced penalties.
Call our defense lawyer to defend against your gun charges today.
If you have been arrested or charged with a gun crime, call Goldman Wetzel for legal counsel. We can explain what to expect and how we can help. The initial consultation is free. Contact us at 727-828-3900 today.