Federal firearms laws are complex and carry serious consequences for violations. Whether you’re a hobbyist, a private seller, or a collector, it’s important to understand when you need a license and what your legal defenses may be if you’re charged with an offense. This guide will walk you through the key licensing requirements under federal law and explain possible defenses if you’re facing federal firearms charges.
When Do You Need A Federal Firearms License (FFL)?
Under the Gun Control Act of 1968 (18 U.S.C. § 921 et seq.), anyone “engaged in the business” of dealing in firearms must have a Federal Firearms License (FFL). The law is enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
You need an FFL if you:
- Regularly buy and sell firearms for profit.
- Manufacture firearms for sale or distribution.
- Sell firearms at gun shows or online in a business-like manner.
- Operate a pawn shop that accepts firearms.
The ATF defines “engaged in the business” as a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit.
You do NOT need an FFL if you:
- Occasionally sell firearms from your personal collection.
- Inherit firearms and later sell them.
- Transfer guns to a family member or friend without compensation.
- Sell a few firearms privately without the intent of running a business.
This distinction is critical. If you are selling guns regularly or advertising publicly (even on social media), the ATF may determine you are operating without a license—even if you consider yourself a private seller.
Common Federal Firearms Charges
Violations of federal firearms law can include:
- Dealing firearms without a license (18 U.S.C. § 922(a)(1)(A))
- Possession of a firearm by a prohibited person (18 U.S.C. § 922(g))
- False statements on ATF Form 4473 (18 U.S.C. § 922(a)(6))
- Illegal interstate sales or transfers (18 U.S.C. § 922(a)(3))
Convictions may result in felony records, heavy fines, and prison time.
Legal Defenses To Federal Firearms Charges
If you’re charged under federal firearms laws, several defenses may apply depending on your situation:
1. Private Sale Exception
Defense: You did not need an FFL because you were engaging in a private, non-commercial sale.
- Example: You sold a firearm from your personal collection to a friend and did not advertise or sell guns as a business.
- This defense hinges on showing you had no intent to earn a livelihood from the sale.
2. Collector/Hobbyist Defense
Defense: You were collecting, not dealing.
- Federal law makes allowances for bona fide collectors of firearms, especially curios and relics (C&R licensees).
- If you were not engaged in regular buying/selling for profit, you may argue you were acting as a collector.
3. Lack of Knowledge or Intent
Defense: You didn’t know your actions were illegal or didn’t intend to violate the law.
- Example: You inherited firearms and sold them in good faith without realizing an FFL was required.
- Note: While ignorance of the law is generally not a defense, lack of intent to engage in business is relevant in firearms cases.
4. Procedural Defenses
- Unlawful search and seizure: If law enforcement violated your Fourth Amendment rights when seizing firearms, the evidence may be suppressed.
- Entrapment: If you were induced or pressured by government agents to commit a firearms offense you otherwise would not have committed.
5. Misidentification or Third-Party Liability
Defense: You did not possess, transfer, or sell the firearm in question.
- In cases involving online transactions or multiple parties, law enforcement may misidentify the responsible person.
- Surveillance footage, transaction records, or witness testimony may support your defense.
Avoiding Legal Trouble: Tips For Firearm Owners And Sellers
- If you sell firearms regularly—even casually—consult our Tampa, FL criminal defense lawyer to determine if an FFL is required.
- Never make a sale to someone you believe is prohibited from owning firearms (e.g., convicted felons, domestic abusers).
- Keep records of all transactions, even if you’re a private seller.
- If you’re unsure about the legality of a firearm sale or transfer, contact the ATF or a firearms attorney before proceeding.
Charged With A Firearms Violation? Call An Attorney Immediately
Federal firearms charges can be intimidating, but a skilled defense attorney can help clarify your rights and build a strong defense. Whether you’re a private collector, gun enthusiast, or someone who made an honest mistake, legal help is critical.
Don’t face the federal government alone—contact Stechschulte Nell today for a confidential consultation. Your future and your freedom may depend on it.
