Firearm Smuggling Defense
Experienced Firearm Smuggling Defense Attorneys Representing U.S. and Foreign Citizens in Federal Court
Firearm Smuggling
Team Lead
Former DOJ Trial Attorney
Firearm Smuggling Team
Former HSI Special Agent
Smuggling firearms or ammunition into or out of the United States is a serious federal offense. A conviction can lead to substantial fines and federal prison time—and can trigger removal proceedings for foreign citizens, among other severe legal consequences. As a result, if you have been detained or charged (or both), you should speak with an experienced firearm smuggling defense lawyer as soon as possible.
At Oberheiden P.C., our lawyers handle firearm smuggling cases nationwide. Whether you have been detained at the border, arrested at an airport, or charged following a federal investigation, our federal criminal defense team can help you regardless of where you are currently located. A firearm smuggling defense lawyer at our firm can get to work on your case immediately, and we can communicate with U.S. Customs and Border Protection (CBP), the U.S. Department of Justice (DOJ), or other federal authorities on your behalf to seek a resolution that avoids a federal criminal trial.
Federal Firearm Smuggling (or Trafficking) Charges: An Overview
The primary law that prohibits firearm smuggling (or trafficking) in the United States is the federal Gun Control Act of 1968. Under the Gun Control Act, codified at 18 U.S.C. Section 922, it is a federal offense to “ship, transport, or receive” a firearm across U.S. borders without a valid manufacturer, importer, or dealer license. For example, 18 U.S.C. Section 922(a)(1)(A) states:
“It shall be unlawful . . . for any person . . . 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.”
Under Section 922(a)(1)(B), it is unlawful to “ship, transport, or receive” ammunition across U.S. borders without a valid license, and Section 922(a)(2) makes it a federal offense for licensed entities to ship or transport firearms to unlicensed entities in the United States, subject to various exceptions. Additionally, Section 922(l) states:
“Except as provided in section 925(d) . . . it shall be unlawful for any person knowingly to import or bring into the United States . . . any firearm or ammunition; and it shall be unlawful for any person knowingly to receive any firearm or ammunition which has been imported or brought into the United States . . . in violation of the provisions of this chapter.”
The Gun Control Act contains several other prohibitions as well, but these are the main prohibitions that DOJ prosecutors rely on to target illegal firearm transactions involving both U.S. citizens and foreign nationals. In the context of a federal firearms case, “smuggling” and “trafficking” are generic terms that do not connote efforts to conceal the firearms involved. If you violate the law, either knowingly or willfully depending on the specific charge (or charges) involved, you can face federal firearm trafficking charges under the Gun Control Act even if you did not attempt to conceal a firearm (or firearms) from CBP or other federal authorities.
On the subject of attempt, it is also important to note that you do not need to “successfully” smuggle firearms into or out of the United States to be charged with a federal crime. If federal authorities detain you at the border with a firearm (or firearms) in your possession, you can still face federal charges even if you do not make it into or out of the United States with firearms in your possession. Likewise, if CBP agents intercept a shipment of illegal firearms at the border, both the shipping party and the intended recipient can face smuggling or trafficking charges under U.S. federal law.
Penalties for Smuggling (or Attempting to Smuggle) Firearms Into or Out of the United States
The penalties for firearm smuggling under federal law depend on the specific circumstances involved. For example, 18 U.S.C. Section 924(a)(1) provides that willfully violating most provisions of the Gun Control Act or knowingly violating Section 922(l) carries up to five years of federal imprisonment and fines of up to $250,000 for individuals (with higher fines for organizations). However, under other provisions of Section 924, the maximum prison sentences increase to 10 or even 20 years behind bars.
Put our highly experienced team on your side
Dr. Nick Oberheiden
Founder
Attorney-at-Law
Lynette S. Byrd
Former DOJ Trial Attorney
Partner
Brian J. Kuester
Former U.S. Attorney
Hon. Kevin McCarthy
55th Speaker, U.S. House of Representatives (ret.)
Government Consultant
Mike Pompeo
Of Counsel
Former U.S. Secretary of State
John W. Sellers
Former Senior DOJ Trial Attorney
Linda Julin McNamara
Federal Appeals Attorney
Nicholas B. Johnson
Former Prosecutor
Roger Bach
Former Special Agent (DOJ)
Chris J. Quick
Former Special Agent (FBI & IRS-CI)
Michael S. Koslow
Former Supervisory Special Agent (DOD-OIG)
Ray Yuen
Former Supervisory Special Agent (FBI)
Defenses to Firearm Smuggling Charges Under U.S. Federal Law
While federal prosecutors can pursue firearm smuggling charges under a wide range of circumstances, there are also several potential defenses to charges under the Gun Control Act. If you are facing charges, some examples of defenses our lawyers may be able to assert on your behalf include:
Lack of Knowledge or Willfulness
Under 18 U.S.C. Section 924, firearm smuggling charges require evidence of knowledge or willfulness in most cases. If DOJ prosecutors cannot prove that you acted knowingly or willfully, they may not be able to secure a conviction in federal court.
Lack of Possession
In some cases, lack of possession (or lack of evidence of possession) can be an effective defense to firearm smuggling charges as well. If prosecutors cannot establish that you were in possession of the firearm (or firearms) at the relevant time, they may not be able to meet their burden of proof.
Entrapment
Entrapment can also serve as a defense to firearm smuggling charges in some cases. If you were targeted by law enforcement officers and induced into committing a crime that you would not have otherwise committed, you do not deserve to be convicted and sentenced.
Constitutional Violations
The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches and seizures. While there are limits to the Fourth Amendment’s applicability outside of the United States, it generally applies to both U.S. and foreign citizens. If federal authorities have violated your Fourth Amendment rights (or any of your other rights under the U.S. Constitution), this could prevent federal prosecutors from using their evidence against you.
Insufficient Evidence of Guilt
Regardless of the circumstances at hand, federal prosecutors have the burden of proving your guilt beyond a reasonable doubt. If prosecutors do not have the evidence they need to prove every element of the specific charge (or charges) against you, you should not be forced to stand trial.
FAQs: Defending Against Charges of Firearm Smuggling (or Trafficking) in United States
What Constitutes Firearm Smuggling Under U.S. Federal Law?
Firearm smuggling charges can take many different forms under U.S. federal law. While firearm smuggling generally involves illegally transporting guns into or out of the United States, specific charges under the federal Gun Control Act can vary widely. Understanding the specific charge (or charges) you are facing is critical for executing an informed defense strategy.
What is the Sentence for Smuggling Guns Into or Out of the United States?
Convictions for smuggling guns into or out of the United States carry substantial fines and prison sentences under federal law. In most cases, a conviction can result in a six-figure fine and anywhere from 5 to 20 years of federal imprisonment. Once we learn more about your case, we will be able to explain the specific penalties you are facing as a result of your federal firearm smuggling charge.
Can I Avoid Prison Time for Firearm Smuggling?
If you are facing a federal firearm smuggling charge in the United States, executing an effective defense strategy may allow you to avoid prison time. At Oberheiden P.C., we take a proactive approach to representing our clients—seeking resolutions that avoid formal court proceedings (and prison time) whenever possible. Once you get in touch, a skilled defense attorney at our firm will be able to evaluate your case and determine what defenses we can assert on your behalf.
Can I Be Deported (Removed) from the United States for Firearm Smuggling?
Facing allegations of firearm smuggling can expose foreign citizens to the risk of deportation (or removal). Given this risk, if you are facing a gun smuggling charge in the U.S. as a foreign citizen, it is imperative that you engage an experienced defense lawyer who is familiar with both the criminal and immigration implications of your case.
Am I Entitled to a Lawyer if I Have Been Charged with Firearm Smuggling in the U.S.?
Yes, if you have been charged with firearm smuggling in the United States, you are entitled to a lawyer. You can—and should—hire an experienced firearm smuggling defense lawyer to provide legal representation as soon as possible. You should exercise your right to remain silent; and, if federal agents attempt to question you, you should inform them that you are exercising your right to legal counsel.
Speak with a Firearm Smuggling Defense Lawyer at Oberheiden P.C. in Confidence
If you are facing a federal firearm smuggling charge in the United States, we can help you, but it is important that you contact us promptly. Once you get in touch, we will arrange for you to speak with an experienced attorney at Oberheiden P.C. in confidence as soon as possible. To get started, call us at 888-680-1745 or tell us how we can reach you online now.
