As criminal defense attorneys based in Chicago, we represent clients facing serious charges at both the state and federal levels. One of the most aggressively prosecuted offenses today is gun trafficking—especially when federal agencies get involved. These cases often involve multiple agencies, long-term investigations, and mandatory prison time. It’s critical for anyone accused to understand the laws and penalties tied to gun trafficking, both federally and under Illinois law.
Understanding Gun Trafficking Charges
Under federal law, gun trafficking charges typically arise when someone is accused of unlawfully buying, selling, or transferring firearms, particularly across state lines. Federal prosecutors often use 18 U.S.C. § 922(a)(1)(A), which makes it illegal to engage in the business of dealing firearms without a license. Penalties for violating this law can include up to 5 years in federal prison, even for a first offense. In more serious cases involving false statements, straw purchases, or transfers to individuals prohibited from owning firearms, penalties can increase to 10 years or more under 18 U.S.C. § 922(d) and § 924(a)(2).
In Illinois, gun trafficking is also treated as a felony. The Illinois Criminal Code addresses “gun running” in 720 ILCS 5/24-3A. A person commits gun running when they unlawfully transfer three or more firearms over a 12-month period. This is a Class 1 felony and carries a mandatory minimum sentence of 4 years in prison, up to a maximum of 15 years. If the firearms are transferred to a minor or to someone prohibited from possessing them, the penalties can increase further.
The intersection of federal and Illinois laws can create major problems for defendants, especially when charged in both systems. Federal prosecutors tend to get involved when weapons are shipped across state lines, linked to gang violence, or associated with drug trafficking or other organized criminal activity. Federal convictions often come with mandatory minimums, no parole, and harsh sentencing guidelines.
If you’re being investigated or already charged, you need legal representation immediately. These cases move fast, and federal agents don’t wait around. A solid legal defense starts with knowing your rights and having a team that will stand between you and the prosecution from day one.
FAQs About Federal Gun Trafficking Charges And Illinois Law
What Is Considered Gun Trafficking Under Federal Law?
Federal law defines gun trafficking broadly. If someone is repeatedly buying and selling firearms without a license, transferring guns across state lines, or lying on federal forms (such as ATF Form 4473), that can trigger federal charges. Even giving a gun to someone you know is prohibited from owning one can lead to a 10-year federal prison sentence.
Can I Be Charged In Both Federal And Illinois Courts For Gun Trafficking?
Yes. It’s possible to face both state and federal gun charges, especially if the case involves both local and interstate activity. In some cases, Illinois will defer to federal authorities. Other times, you could be prosecuted separately in both systems. The penalties can be stacked, making the situation more serious.
What Are The Penalties Under Illinois Law For Gun Running?
According to 720 ILCS 5/24-3A, anyone convicted of unlawful delivery or sale of three or more firearms within a year is guilty of a Class 1 felony. The minimum prison sentence is 4 years and can go up to 15 years. The sentence can increase if aggravating factors are involved, like if the firearms are transferred to a juvenile.
What Does It Mean To Be Charged With A Straw Purchase?
A straw purchase happens when someone buys a firearm on behalf of another person, especially someone who is not legally allowed to own one. Straw purchases are illegal under federal law and can result in felony charges. Making a false statement on a firearm purchase form is also a separate crime.
Are There Mandatory Minimum Sentences For Federal Gun Trafficking Charges?
In some cases, yes. If the gun is linked to a violent crime or drug trafficking offense, there can be mandatory minimum sentences under 18 U.S.C. § 924(c). This law requires consecutive sentencing, meaning you serve the time after any other sentence, not at the same time.
Will I Lose My Gun Rights If Convicted Of Gun Trafficking?
Yes. A felony conviction, whether in state or federal court, usually leads to a permanent ban on owning or possessing firearms. This includes convictions for gun trafficking, straw purchases, or unlawful transfers.
How Do Federal Prosecutors Build Gun Trafficking Cases?
They often use undercover agents, confidential informants, wiretaps, and purchase records from gun dealers. In many cases, they track firearms recovered from crime scenes and trace them back to the original buyer or seller. Once they establish a pattern, they can charge the case as a conspiracy or trafficking offense.
Can My Case Be Dismissed Or Reduced?
That depends on the facts. If your rights were violated during the investigation or arrest, or if the
prosecution lacks clear evidence connecting you to the illegal transfer of firearms, your attorney may be able to get charges dismissed or reduced. Each case is unique, and the outcome often depends on the quality of your legal defense.
Do I Need A Lawyer If I’m Just Being Investigated But Haven’t Been Charged?
Absolutely. In fact, this is one of the most important times to have a lawyer involved. Federal agents may try to speak with you before charges are filed. Anything you say can be used against you. Having a lawyer communicate on your behalf can prevent mistakes and protect your rights.
How Long Do Gun Trafficking Investigations Usually Take?
Some federal investigations take months or even years. During that time, agents may be gathering evidence without your knowledge. If you suspect you’re being investigated, don’t wait to act. Early intervention from your attorney can make a major difference in your outcome.
Contact Our Chicago Federal Gun Trafficking Defense Attorney To Protect Your Rights!
Federal gun trafficking charges can destroy your future. The stakes are too high to face them alone. At Edward Johnson & Associates, we defend people across Chicago and throughout the entire metro area. If you’re under investigation or facing charges, contact our Chicago gun trafficking defense attorney at 708-762-8666 to receive your free consultation. Our law office is located in Chicago, Illinois, and we’re here to protect your rights and your future.