18 U.S.C. § 933 – Trafficking in firearms
This law makes it a federal crime to move or transfer guns illegally, especially when doing so helps someone commit a felony or avoid gun laws.
Section 933 focuses on “firearms trafficking,” which is different from straw purchasing. A person violates this law when they move, transfer, or otherwise provide guns to others in a way that helps them break federal law or avoid background checks and firearm restrictions.
What the law prohibits.
A person commits firearms trafficking if they do any of the following knowingly:
- Transfer or transport a firearm knowing it will be used in a felony, terrorism offense, or drug trafficking crime.
- Give or sell a firearm to someone who is legally prohibited from owning one (such as a convicted felon, domestic violence offender, drug user, or other person listed in 18 U.S.C. § 922(d)).
- Act as a link in a chain of illegal gun transfers — including moving guns across state lines or helping others do so — when they know the firearm will end up with a prohibited person or be used in a serious crime.
Penalties.
Federal firearm trafficking carries steep penalties, including:
- up to 15 years in federal prison, and
- additional penalties if the gun is later used in a violent crime or drug offense.
Penalties increase when the trafficked firearm is intended to support a felony, drug trafficking crime, or federal terrorism offense.
For guidance on a federal firearms case, call (314) 900-HELP or contact our criminal defense team.