Weapons Trafficking

Weapons trafficking is the movement or transportation of firearms, guns, weapons, parts, or ammunition from a legal to an illegal market. This includes straw purchases or the transfer of a firearm from a legal owner to someone who is not eligible to own it or to use a weapon during the commencement of a crime.

The term ‘weapons trafficking’ refers to several serious federal charges that carry severe mandatory penalties. Therefore, it is imperative that you seek an experienced criminal defense lawyer such as myself.

Weapons trafficking is an often companion to drug trafficking, manufacturing, or other form of narcotics crime. Possession of drugs or drug trafficking with a weapons offense can increase federal prison time up to 50 years, which in most cases is effectively a life sentence.

There is no specific federal legislation specific to firearms trafficking. Federal investigators and prosecuting attorneys often charge gun traffickers with numerous violations compiled together. Federal sentencing for firearms offenses do not run concurrently but run consecutively. Sentences are longer. And for each subsequent conviction, there is also mandatory federal imprisonment of 25 years.

​Examples of Defenses Against Weapons Trafficking

In cases that involve alleged weapons trafficking, the prosecution has to prove beyond a reasonable doubt that the defendant used or carried the firearm in relation to the drug trafficking or violent crime, or that the defendant possessed the firearm in furtherance of the drug trafficking or violent crime. Therefore, a simple and effective defense strategy is to prove that the defendant did not possess, use or carry the gun in any way to carry out the underlying crime. The charge should then be dismissed.

By carrying out a preliminary investigation, Walk Free Law can determine whether the police overstepped their constitutional bounds in their search for the firearm in question. If this is the case, our firm will file a motion to suppress evidence because the evidence was obtained through an illegal search and/or seizure. If the court grants the motion to suppress, the prosecution may be left with insufficient evidence to prove that the defendant had a firearm.

Moreover, a defendant in federal court can be convicted of using a firearm in furtherance of drug trafficking or a violent crime only if he or she is convicted of drug trafficking or a violent crime. Therefore, initially we try to get the underlying drug trafficking or violent crime charges reduced or even dismissed. If successful, the issue of weapons trafficking goes away.

Even with complex federal cases that involve many witnesses and extensive amounts of evidence, our firm can provide the robust defense strategy you need to protect your freedom and your life.