Federal defense attorney for illegal firearm sale charges.

The illegal sale of firearms is a serious federal offense in the United States, governed by various statutes under Title 18 of the U.S. Code. These laws are enforced by agencies such as the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Department of Justice (DOJ). Violations can lead to substantial fines and lengthy prison sentences.

🔹 Key Federal Statutes Governing Firearm Sales

1. 18 U.S.C. § 922(a)(1)(A): Engaging in the Business Without a License

This statute makes it unlawful for any person, except a licensed importer, manufacturer, or dealer, to engage in the business of importing, manufacturing, or dealing in firearms. Violators can face up to five years in federal prison and fines up to $250,000.

2. 18 U.S.C. § 922(a)(6): False Statements During Firearm Transactions

It is illegal to knowingly make false statements or present false identification when purchasing a firearm. This includes providing inaccurate information on ATF Form 4473. Convictions can result in up to ten years of imprisonment

3. 18 U.S.C. § 922(d): Sale to Prohibited Persons

Selling firearms to individuals prohibited from possessing them—such as felons, fugitives, or those with certain mental health conditions—is a federal offense. Penalties can include up to ten years in prison.

4. 18 U.S.C. § 922(k): Possession of Firearms with Altered Serial Numbers

Possessing, transporting, or receiving firearms with removed or altered serial numbers is prohibited. Violators may face up to five years of imprisonment.

5. 18 U.S.C. § 924(c): Use of Firearm in Relation to a Crime

Using or carrying a firearm during and in relation to any crime of violence or drug trafficking crime carries mandatory minimum sentences:

• 5 years for possession
• 7 years if the firearm is brandished
• 10 years if discharged

These sentences run consecutively to any other sentence imposed.

🔹 Penalties and Sentencing Enhancements

Penalties for illegal firearm sales can be severe, especially when combined with other criminal activities:

• Felon in Possession (18 U.S.C. § 922(g)): Up to 10 years in prison.
• Straw Purchases (18 U.S.C. § 922(a)(6)): Up to 10 years in prison.
• Sale of Illegal Firearms: Up to 10 years in prison.

Mandatory minimum sentences apply in cases involving crimes of violence or drug trafficking.

🔹 Real-World Example: Unlicensed Firearm Manufacturing

In a notable case, Nicholas DeFelice of Montville, Connecticut, was sentenced to over a year in federal prison for illegally manufacturing and selling firearms without a license. Operating under “DeFelice Defense,” he produced and distributed over 200 firearms. An ATF investigation revealed he sold a custom-made firearm to undercover agents. A search of his residence uncovered numerous unregistered firearms and accessories. CT Insider

🔹 Conclusion

Federal laws strictly regulate the sale and distribution of firearms to ensure public safety. Engaging in unlicensed sales, making false statements during transactions, or selling to prohibited individuals can lead to significant legal consequences, including substantial fines and lengthy imprisonment. Compliance with federal firearm regulations is essential for all individuals and entities involved in firearm transactions.

Matthew Galluzzo is a former Manhattan prosecutor and experienced federal criminal defense attorney. He has successfully represented many people investigated for and accused of federal firearms offenses. If you or a loved one have been accused in New York or Connecticut federal court of unlawfully selling firearms, you should strongly consider engaging Matthew Galluzzo.