Federal Gun Charges in Arizona

Defense Attorney for Federal Gun Charges in Arizona

The majority of all federal gun charges in Arizona result from investigations by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE or, more commonly ATF).  Most federal gun charges are brought, at least in part, for violations of 18 U.S.C. § 922.  Most federal gun charges are prosecuted by the United States Attorneys Office for the District of Arizona and involve the conduct listed below. Below are some of the most common federal gun charges in Arizona that we defend.

Straw Purchasing of Firearms

Straw purchasing refers to the illegal transfer or sale of a firearm to a person who can’t legally own a firearm. When someone buys or receives a gun through legitimate means, they are required to complete an ATF Form 4473.  This form, completed under penalty of perjury, requires the purchaser or receiver of the gun to attest that the weapon is for their personal or individual use and that it is not intended to be transferred to others.

When an individual or group is looking to purchase a large number of guns, most commonly so that they can be transferred to a criminal organization such as a Mexican drug cartel, they know that records are kept of the number of guns that are purchased by an individual through the 4473’s that they complete.

By recruiting individuals to purchase guns on behalf of the seller and (falsely) complete a 4473 and then paying them a nominal amount for doing so, it is more difficult to track and prosecute sellers.  Eventually, though, both sellers and straw buyers are caught and charged in federal court with conspiracy and related charges such as making false statements in conjunction with the purchase of firearms.

Selling Firearms without a License

There is nothing wrong with one individual selling a firearm to another individual. In fact, there are numerous commercial websites that act as a platform for people to do this. But when an individual sells a large number of guns, it’s often indicative of being in the business of selling firearms, it’s something for which federal law requires a license and something which the ATF aggressively investigates.

While it’s common for the ATF to send a warning letter to individuals suspected of dealing firearms without a license, there is no requirement that it do so and federal criminal charges can be filed against an individual without warning.

If you do get a warning letter from the ATF, though, it’s critical to contact a federal criminal defense attorney who is experienced in federal gun charges and weapons violations.  Proactive steps can be taken to work with the investigating special agents and prosecutors to mitigate any potential problems and often ensure that no charges will be filed.

False Statement in a Firearm Purchase

This is now commonly known as the “Hunter Biden” charge.  When he filled out a 4473 to purchase a gun, he attested that he was not a user of controlled substances – a fact which proved to be false.  Other false statements in conjunction with the purchase or acquisition of a firearm can include one’s address and whether the gun is being purchased on behalf of a third party.

While false statement charges have less serious penalties than dealing firearms without a license or engaging in a conspiracy, they are still felonies under federal law and can carry prison sentences upon conviction.

Federal Gun Charges in Arizona Require an Experienced Federal Defense Attorney

Federal gun charges in Arizona are serious matters that are aggressively investigated by the ATF and other federal law enforcement agencies.  Whether you are being charged for straw buying, selling a firearm without a license, or making a false statement on an ATF form, you need to seek out an experienced federal criminal defense attorney. Attorney Jason Lamm has decades of experience defending Federal gun charges. Call us today at 602-663-9100!