Federal Unlicensed Firearms Dealing – 18 U.S.C. § 922

Under 18 U.S.C. § 922, it is a federal offense to sell firearms as a business without a valid Federal Firearms License (FFL). A storefront or public advertising is not required; repeated or profit-driven sales may qualify as unlicensed dealing.

Federal law imposes strict licensing, recordkeeping, and reporting obligations on anyone engaged in the business of selling firearms. Even a seemingly casual sale can result in serious penalties, including imprisonment, if deemed a commercial activity. The line between lawful private sales and criminal violations is narrow, making compliance essential.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is ramping up enforcement in this area. Agents are looking closely at private sellers who move multiple guns online, at shows, or even through informal networks. If unlicensed activity is suspected, authorities may develop a case before notifying the individual under investigation. That’s where an experienced unlicensed firearm dealer lawyer becomes important.

Federal law permits occasional private firearm sales, but regular or profit-driven transactions may constitute unlicensed dealing. While no set number of sales triggers charges, a consistent pattern—such as buying and reselling for income—can lead to prosecution under 18 U.S.C. § 922.

Several things can draw attention, like multiple sales in a short period, selling similar models repeatedly, or transactions with strangers. Selling online or at gun shows also adds exposure. Federal agents may look at your behavior over months to decide whether it appears commercial.

If you’re engaging in the business of selling guns without an FFL, it’s a direct violation of 18 U.S.C. § 922(a)(1)(A). Lack of awareness about licensing requirements is not a defense. Prosecutors need only show that your conduct met the law’s definition of a dealer, regardless of intent.

The law defines a dealer as someone whose business involves selling firearms. That doesn’t require a storefront or advertising. If you’re selling regularly to make money, even part-time, you could fit this definition under 18 U.S.C. § 922.

This section makes it illegal to deal firearms without a license. This includes buying for resale, selling across state lines, or moving guns in ways that look commercial, whether you’re selling in person, at shows, or online.

You might be charged for running tables at gun shows, reselling newly purchased firearms, or conducting frequent transactions through online listings. Even if the sales were small or spaced out, federal prosecutors can build a case if they see a pattern.

The ATF may investigate complaints or suspicious activity and monitor social media, online sales platforms, and background check records. You might unknowingly be flagged for review if you move several firearms over time.

Agents often attempt undercover buys or monitor your digital footprint. Messages, transaction records, and payment apps are all potential evidence. If you’ve been contacted or suspect surveillance, talk to an unlicensed firearm dealer lawyer immediately.

You might be approached for questioning, or you may be caught off guard by a search or arrest. Don’t explain or try to fix it on your own. Early legal help gives you a better chance of reducing the damage or stopping charges before they’re filed.

Violating 18 U.S.C. § 922(a)(1)(A) is a felony. Penalties can include up to five years in prison, substantial fines, and permanent loss of gun rights. If there are related violations, like selling to a prohibited person, the consequences can only increase.

Prosecutors may add charges for conspiracy, unlawful transfers, and making false statements. A simple sales case can become much more complex, especially if the government links your actions to other alleged crimes.

Your firearms may be seized even if you are not found guilty. The ATF might pursue civil forfeiture if it thinks your firearms are connected to unlawful activity. This includes firearms that aren’t used in a sale, especially if they’re used or stored in a way that strengthens the argument.

A strong defense often starts with showing that your conduct didn’t meet the legal definition of “engaging in the business.” Selling a few guns from a personal collection isn’t illegal. Your defense should make that clear with facts.

Federal law permits limited private sales. Demonstrating that your transactions were lawful and infrequent can help distinguish them from activity the government classifies as dealing.

Each case follows specific rules, and procedural violations—such as unlawful searches or reliance on weak evidence—can be challenged before trial. Many unlicensed firearm dealer lawyer strategies focus on getting charges reduced or dropped by targeting the flaws in the government’s case.

Federal firearms laws are highly technical. A seasoned lawyer understands the statutes, regulations, and court precedents that define what constitutes “engaging in the business” under 18 U.S.C. § 922.

Speaking to investigators without counsel can unintentionally strengthen the government’s case. An attorney ensures your rights are protected during questioning.

A lawyer can intervene before charges are filed, challenge questionable evidence, and present a defense that differentiates lawful private sales from unlicensed dealing.

We know federal gun laws inside out and use that insight to anticipate the government’s moves and build strong defenses. Our experience helps us navigate even the most complex firearms cases with precision.

We dig into every detail—records, ATF actions, and evidence—to find weaknesses in the prosecution’s case. This thorough approach ensures no opportunity for your defense is overlooked.

We work to get charges dropped, reduced, or beaten in court, protecting your rights at every stage. From pre-trial motions to the final verdict, we fight relentlessly for the best outcome.