Buying or selling a gun does not always lead to criminal charges. However, some gun transfers break federal law when a person knows the recipient may use, carry or possess the gun illegally. For example, someone in St. Louis who gives a gun to a person who cannot legally have one may face federal charges if the facts support them.
Federal gun trafficking laws look at more than how many guns someone sells. The people involved, what they know about the recipient and how the recipient may use the gun can all affect whether prosecutors bring charges.
Which gun transfers can lead to federal charges?
Under 18 U.S.C. § 933, federal law bans certain gun transfers linked to interstate or foreign commerce. A person may face charges for shipping, moving or giving a gun to someone when they know or have reason to believe that the recipient’s use, carrying or possession of the gun would be a felony. The law also covers certain gun receipts, attempts and agreements to commit these crimes.
Examples of conduct that may lead to federal charges include:
- Transferring guns for illegal use: Giving or moving a gun when you know or have reason to believe that the recipient’s use or possession of it would be a felony.
- Making an illegal straw purchase: Buying a gun for someone else may lead to charges if you know or have reason to believe that the person cannot legally possess a gun. Charges may also apply if the person plans to use the gun to commit a violent crime or drug trafficking crime, or pass it to someone who plans to commit either crime.
- Planning illegal gun transfers: Trying to arrange a transfer that violates federal law may also lead to charges, even if the deal never happens.
These examples do not automatically prove a crime. Federal prosecutors must show that the evidence meets the requirements of the specific law.
How can a gun trafficking case become federal?
Federal agents may look into illegal gun sales, criminal groups or gun deals linked to interstate commerce. In St. Louis, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and federal prosecutors in the Eastern District of Missouri handle cases involving suspected illegal gun sales.
Investigators may check sales records, text messages, payment records and statements from people involved. They may also look into whether someone bought a gun for another person or knew about plans to use it in a crime. A federal defense lawyer can review the evidence, check whether prosecutors can prove the charges and look for possible defenses.
Knowing the risks
An ordinary private gun sale does not automatically count as trafficking. The reason for the sale, the recipient’s legal status, what the people involved knew and the link to interstate or foreign commerce all matter. If you face a federal gun investigation in Missouri, the exact charges and evidence will affect your legal options.