Criminal Defense Lawyers

Federal Interstate Gun Trafficking Transporting Firearms Across State Lines

Your at a routine traffic stop in New Jersey. The officer asks if you have weapons in the vehicle. You mention the handgun you legally own in Pennsylvania, properly secured in you’re trunk. Within minutes, your in handcuffs. The gun that’s completely legal in your home state just became a federal felony in New Jersey. You had no idea that crossing a state line could transform you from a law-abiding gun owner into a federal criminal facing up to 10 years in prison. This isn’t a hypothetical—it happens more often then you think, and the consequences are devastating.

Understanding Federal Interstate Gun Laws

The federal statutes that can destroy your life don’t make sense to most gun owners. You legally purchased a firearm in your home state. You have no criminal record. You’ve done everything by the book. But the moment you cross certain state lines, you might be commiting a federal crime you didn’t even know existed.

18 U.S.C. § 922 makes it unlawful for any person to transport or ship firearms in interstate or foreign commerce under certain conditions. This is the foundation statute prosecutors use to charge most interstate gun cases. The language is broad, and federal prosecutors interpret it aggressively.

18 U.S.C. § 924(b) specifically targets prohibited persons who transport firearms across state lines. If your a felon, you’ve been convicted of domestic violence, or you fall into any of the prohibited categories, transporting a firearm interstate carries a mandatory minimum sentence. The penalties is severe—up to 10 years in federal prison.

Then their’s 18 U.S.C. § 933, the brand new trafficking statute that Congress passed in 2022 as part of the Bipartisan Safer Communities Act. This changed everything. Before 2022, prosecutors had to shoehorn trafficking cases into general firearms statutes. Now they have a specific trafficking law with a lower burden of proof. You don’t even need to know the end-user is a prohibited person. If you purchase firearms with the intent to transfer them across state lines, and its “reasonable to believe” the recipient can’t legally possess them, your facing trafficking charges.

But wait—isn’t their a federal law that’s supposed to protect law-abiding gun owners? Yes. 18 U.S.C. § 926A, part of the Firearm Owners Protection Act (FOPA), creates a “safe harbor” for transporting firearms across state lines. Sounds great, right? The problem is that this protection has so many exceptions and hostile court interpretations that it fails more often than it works.

Trafficking vs. Transport: The Critical Distinction

Here’s where alot of people get confused. Simple transport means your moving your own firearm for a lawful purpose—relocating to a new state, going to a shooting competition, traveling to a gun range. Trafficking involves the intent to transfer firearms to another person, especially across state lines.

Based off ATF internal guidance, if you have three or more firearms, prosecutors start presuming trafficking intent rather then simple transport. This “three gun threshold” isn’t written anywhere in the statutes, but its how federal prosecutors decide who to charge. One or two firearms? Probably simple transport. Three or more? Your in trafficking territory.

Why do prosecutors charge trafficking even for personal transport? Simple: the penalties are higher, mandatory minimums apply, and juries are more likely to convict on trafficking charges becuase they sound worse. The reality might be the same, but the jury perception is completely diffrent.

Who Is a “Prohibited Person” Under Federal Law

Felony convictions are the obvious one. Any felony conviction—whether its violent or non-violent, recent or decades old—makes you a prohibited person for life. Their’s no statute of limitations.

Domestic violence misdemeanors also prohibit firearm possession. Under the Lautenberg Amendment, any misdemeanor conviction involving domestic violence makes you a prohibited person. This includes relatively minor incidents—pushing, grabbing, throwing objects.

Drug users are prohibited persons under federal law, and this includes marijuana users even in states where marijuana is legal. The ATF has made clear that using marijuana, even with a state medical marijuana card, makes you a prohibited person under federal law.

Finally, undocumented immigrants are prohibited persons under federal law. Even if the person legally purchased the firearm under state law, federal law prohibits possession and makes interstate transport a serious felony.

The FOPA Safe Harbor (And Why It Keeps Failing)

The Firearm Owners Protection Act was supposed to solve this problem. Passed in 1986, FOPA’s interstate transport provision was designed to protect law-abiding gun owners traveling through states with restrictive gun laws. In theory, this makes sense. In practice, it fails constantly.

What FOPA Actually Protects

FOPA protects interstate transport if you meet all of these requirements. First, the firearm must be unloaded. Not just unchambered—completely unloaded. The magazine must be removed, the chamber must be clear.

Second, the firearm must not be readily accessible from the passenger compartment. This typically means locked in the trunk. If you don’t have a trunk, it needs to be in a locked container that is not the glove compartment or console.

Here’s where it gets tricky: the ammunition issue. Different federal circuit courts interpret whether ammunition needs to be in a seperate locked container. The Third Circuit (covering New Jersey, Pennsylvania, Delaware) has held that ammunition must be in a seperate locked container from the firearm. The Ninth Circuit (covering California, Nevada, Arizona) is more lenient—they allow ammunition in the same locked container.

The “Continuous Journey” Trap

This is where FOPA protection dies for most people. Courts have interpreted the statute to mean a continuous journey without interruption. But what constitutes an “interruption” varies dramatically by circuit.

In the Third Circuit, any overnight stop can destroy your FOPA protection. If you stop at a hotel for the night while traveling from Pennsylvania to Connecticut, New Jersey courts have held that your journey is no longer “continuous” and FOPA protection no longer applies. Your firearm becomes illegal the moment you check into that hotel.

The Ninth Circuit takes a more reasonable approach. They’ve held that overnight stops don’t automatically destroy FOPA protection as long as the firearm remains locked in the vehicle.

But their’s an exception most people don’t know about: the duress stop defense. If you stop due to circumstances beyond your control—mechanical breakdown, medical emergency, severe weather making driving unsafe—courts have held that this doesn’t break the continuous journey. The key is documentation. If you claim mechanical breakdown, you need the repair receipt.

Circuit-by-Circuit Reality Check

Let’s be blunt about FOPA defense success rates. In the Third Circuit (New Jersey, Pennsylvania), FOPA defenses succeed less than 15% of the time. New Jersey prosecutors are hostile to FOPA claims, judges are skeptical, and juries are unsympathetic.

The Second Circuit (New York, Connecticut) isn’t much better. Success rates are maybe 20-25%.

The Ninth Circuit offers the best FOPA protection. Success rates are probably 60-70% when you can prove compliance with FOPA’s terms.

The takeaway? Where you get stopped matters as much as whether you complied with FOPA. The same conduct that gets you acquitted in Arizona gets you convicted in New Jersey. Plan your route accordingly. Avoid high-risk states if at all possible.

Modern Enforcement: How They’re Watching You

You might think that unless your stopped by police, no one knows your transporting firearms. That’s not true anymore. Modern enforcement technology tracks gun purchases and traces firearms across state lines.

eTrace: The ATF’s Interstate Gun Database

Every time you purchase a firearm from a licensed dealer, that transaction gets logged. When a firearm is recovered in a crime scene anywhere in the country, ATF runs a trace to identify the original purchaser. If a gun you purchased in Virginia in 2015 is recovered in a crime scene in New York in 2025, ATF traces it back to you.

But eTrace doesn’t just trace individual guns. It identifies patterns. If multiple firearms purchased by you show up in crimes in different states, ATF’s pattern recognition algorithms flag this as potential trafficking. The time-to-crime average is currently 8.3 years, but that number is trending shorter.

Here’s the scary part: your 2015 purchase can come back to haunt you in 2025. You sold a gun to a friend years ago. But that friend sold it to someone else, and eventually it ends up in a crime. ATF traces it back to you. If they find a pattern—multiple guns ending up in crimes in different states—your facing a trafficking investigation even though you never intended to traffic guns.

License Plate Reader Networks

New York, New Jersey, Illinois, and several other states have deployed license plate reader (LPR) networks specifically targeted at gun enforcement. When your out-of-state vehicle is spotted at a known gun store, the system flags it.

You drive from New York to a gun show in Pennsylvania. LPR cameras capture your plates entering Pennsylvania, stopping at the gun show, and returning to New York. If you make multiple trips following this pattern, the system creates a profile suggesting possible trafficking activity.

These LPR systems share data across state lines. When your vehicle crosses back into New York, the system can alert state police that your vehicle was recently at a gun store in Pennsylvania. This creates “virtual checkpoints” where police are more likely to stop you for minor violations—broken taillight, failure to signal—just to have a reason to ask about weapons.

Interstate Highway Corridors

A 2024 National Institutes of Health study found direct correlations between major interstate highways and gun trafficking patterns. Law enforcement now focuses enforcement on these corridors:

The I-95 corridor from Virginia and the Carolinas to New York and Boston is known as the “Iron Pipeline.” ATF task forces specifically target this corridor.

The I-80 corridor runs from Nevada to Illinois. Law enforcement in Illinois monitors I-80 heavily, looking for out-of-state vehicles transporting firearms.

If your traveling along one of these corridors with firearms, your at higher risk of being stopped. Even if your transporting lawfully, the fact that your traveling an established trafficking corridor increases scrutiny.

THE TRAFFIC STOP: When Everything Goes Wrong

This is the moment—let me be real clear about this—this is the exact moment where everything in your life can go completely sideways. Your driving through New Jersey. Cop pulls you over. Broken taillight, maybe. Doesn’t matter. The officer walks up to your window. And then—wait, this is critical—he asks the question that’s gonna wreck you if you answer wrong.

The Question That Destroys Your Defense

“Do you have any weapons in the vehicle?”

Seems like a simple question, right? You’ve got nothing to hide. Your a law-abiding gun owner. The firearm is properly secured in the trunk, unloaded, just like FOPA requires. You think being honest will help. So you say yes, you explain you’ve got a handgun in the trunk.

And that’s it. Your done. You just gave the prosecutor the admission they need to charge you.

Here’s what people don’t understand—and look, I’m not trying to scare you, but you need to know this—honesty at a traffic stop is not the same as honesty in normal life. When that officer asks if you have weapons, he’s not making conversation. He’s building a case. Every word you say goes into a report that prosecutors will use against you.

The moment you admit possessing a firearm, you’ve eliminated the prosecution’s burden of proving knowledge and possession. The officer now has probable cause to search your vehicle. In high-coordination states like New Jersey or New York, he’s calling the ATF. By the time its all over, your vehicles impounded, your firearms are seized, and your sitting in a county jail waiting for federal charges.

What You Should Say

I’m gonna give you the exact words to say. Memorize these:

“I prefer not to answer questions without an attorney present.”

That’s it. No explanation. Your invoking your Fifth Amendment right to remain silent. The officer might pressure you. He might say “if you’ve got nothing to hide.” Doesn’t matter. Repeat the same sentence.

If the officer asks to search your vehicle: “I do not consent to searches.”

Say it clearly. Say it calmly. By refusing consent, you preserve your Fourth Amendment challenge for later. If you consent, you’ve waived any chance of challenging the search in court.

The officer might order you out. Comply. Don’t resist. But as you step out: “I do not consent to any searches. Am I free to leave?”

In some states, you might have a duty to disclose firearms. But even in duty-to-disclose states, you can inform without elaborating. “I have a firearm in the vehicle. I’m invoking my right to remain silent and I do not consent to searches.”

Recording the interaction can be invaluable. Put your phone on the dashboard, start recording, and let it run. The video can protect you later if the officer’s report doesn’t match what actually happened.

What Happens After You’re Honest

Let’s say you didn’t read this in time. You already answered “yes” to the weapons question. What happens next?

First, the officer calls for backup. Within minutes, you’ve got multiple patrol cars surrounding you. Your feeling like a criminal even though you haven’t done anything wrong.

In high-coordination states, the officer is also calling the ATF. These states have joint task forces specifically focused on interstate gun trafficking. When an out-of-state vehicle gets stopped with firearms, its an automatic federal referral.

Your vehicle gets impounded. Your firearms get seized. You get arrested. You’ll need to make bail, hire an attorney, and start preparing a defense. The process has begun, and its gonna consume your life for months or years.

The State-Federal Coordination Trap

Not all states are equally aggressive about referring gun cases to federal prosecutors. High-coordination states (New York, New Jersey, Massachusetts, California, Illinois) have joint task forces with ATF. When you get stopped with firearms in these states, there’s about a 90% chance the case gets referred to federal prosecutors.

Low-coordination states (Texas, Florida, Arizona, Georgia) tend to handle gun cases at the state level. If you get stopped in Texas with firearms, there’s maybe a 10% chance of federal referral unless you’re a prohibited person or there’s evidence of trafficking.

Federal charges are way worse than state charges. Federal prosecutors have more resources, mandatory minimums apply more often, and federal judges impose harsher sentences.

Your First 48 Hours Are Critical

If you get arrested on federal gun charges, the first 48 hours determine the outcome more than anything else.

Invoke your right to an attorney immediately. Say this: “I am invoking my right to an attorney and my right to remain silent.” Then stop talking.

Say NOTHING to ATF agents, no matter how friendly they seem. They’ll be nice. They’ll act like they’re on your side. They’ll say “if you cooperate now, it’ll go easier for you later.” They’re lying. Anything you tell them will be used to build the case against you.

Hire a federal criminal defense attorney within 24 hours. Not a state criminal attorney. You need someone who specializes in federal firearms cases. Federal criminal procedure is completely different from state court.

Don’t delete anything from your phone or computer. Deleting evidence after your arrested is spoliation, and prosecutors will charge you with obstruction. Leave everything alone.

Stop ALL social media posts. Don’t post about your arrest. Prosecutors monitor defendants’ social media, and they’ll use your posts against you. Deactivate your accounts if you have to.

Your Defense Options and Cooperation Reality

Once your charged with federal interstate gun trafficking, you need to understand that 73% of defendants cooperate with prosecutors. Why is the cooperation rate so high?

First, the evidence in federal gun cases is usually overwhelming. Form 4473 paperwork, eTrace records, text messages—prosecutors build strong cases.

Second, mandatory minimum sentences make trial too risky. If your facing a five-year mandatory minimum, going to trial and losing means you get at least five years, probably more. But if you cooperate, prosecutors can file a motion allowing the judge to go below the mandatory minimum. The difference between five years and 18 months is powerful motivation.

Third, most defendants in trafficking cases are low-level participants. Your not the kingpin. Your a guy who bought some guns and sold them to a friend. Prosecutors want the source dealers, the organizers. If you can give them bigger fish, they’ll cut you a deal.

What Does Cooperation Actually Require?

Substantial assistance typically means: multiple debriefing sessions with prosecutors, testifying before a grand jury, wearing a wire to record conversations with targets, identifying other participants, and testifying at trial against co-defendants. Cooperation is not a one-time conversation. Its months or years of ongoing assistance.

The sentence reduction from cooperation averages 48-60% in federal gun cases. If your facing five years, cooperation might get you down to two years. But the reduction isn’t guaranteed. You cooperate first, provide all the assistance, and then prosecutors file a motion recommending a reduction. The judge decides how much reduction you get.

Should you cooperate? That depends on your case. But if your considering cooperation, do NOT agree until you have a written cooperation agreement. Get it in writing, have your attorney review it, and make sure you understand exactly what your agreeing to.

Trial vs. Plea Reality

The conviction rate for federal gun trafficking cases at trial is staggering. In the Eastern District of Virginia, its 92%. In the Southern District of New York, its 87%. Going to trial is a huge gamble.

Mandatory minimums also make trial risky. If you go to trial and lose, the judge has no discretion to go below the mandatory minimum. If you plead guilty, you get a reduction for acceptance of responsibility. The sentence after trial can be double or triple what you would have gotten for pleading guilty.

The cost of trial is also prohibitive. Federal criminal defense attorneys charge $300-$500 per hour. Total cost for trial: $50,000 to $150,000, sometimes more. Most defendants can’t afford that.

What Happens Next: The Reality of Federal Gun Convictions

A federal conviction for gun trafficking changes your life permanently. Federal sentencing guidelines typically result in 38-63 months for first-time offenders. That’s three to five years in federal prison.

After release, you’ll be on supervised release for typically three years. That’s like probation—you report to a probation officer, you have restrictions on travel and association, you can’t possess firearms.

The lifetime ban on firearm possession is permanent. Under federal law, a felony conviction prohibits you from ever possessing firearms again. Ever. Presidential pardons are exceedingly rare (less than 1% of applications succeed). The ATF’s relief from disabilities program has been defunded since 1992. If you get convicted of a federal gun felony, your gun rights are gone forever.

Employment becomes extremely difficult with a federal felony conviction. Professional licenses are often revoked. Studies show felons earn 30-40% less over their lifetimes.

Your ineligible for federal programs like student loans, public housing assistance, and certain certifications. For non-citizens, a federal gun conviction is deportable. Even lawful permanent residents can be deported for firearm-related felonies.

Family consequences are devastating. If you live with other people who own firearms, you can’t live there anymore. Federal law prohibits felons from living in homes where firearms are present. Your spouse has to choose between keeping their firearms and having you in the home.

Bottom line, real talk—a federal gun trafficking conviction ruins your life. The prison sentence is terrible, but its the shortest part of the punishment. The lifetime consequences last forever.

Conclusion: Your Next Steps

If you’re reading this because your facing charges or you’ve been arrested, you need to act immediately. Every day you wait makes your case harder to defend.

First, if you haven’t already, invoke your right to an attorney and stop talking to law enforcement. Nothing you say will help you. Just stop talking.

Second, hire a federal criminal defense attorney who specializes in firearms cases. Not a general practice attorney—someone who knows federal gun laws, understands FOPA defenses, and has trial experience in federal court.

Third, gather all documentation that might support your defense. Purchase receipts, permits, GPS records, hotel receipts, weather reports, repair receipts. Give everything to your attorney.

Fourth, understand that time is critical. Federal prosecutors move fast. You don’t have months to figure this out. You have days or weeks at most.

If your reading this before any problems have occurred, take this as a warning. Federal interstate gun laws are complex, FOPA protection is unreliable in many circuits, and modern enforcement technology tracks gun purchases more than ever before. If you need to transport firearms across state lines, research the laws, comply meticulously with FOPA requirements, document everything, and plan your route to avoid the highest-risk states.

Look, I’m just trying to give you the real information that prosecutors and defense attorneys already know but most gun owners don’t. The federal government is aggressively prosecuting interstate gun cases. The conviction rates are extremely high. The consequences are life-altering. But defenses exist, and other defendants have beaten these charges. With the right attorney, proper documentation, and understanding of your rights, you might be able to fight this successfully.

Don’t wait. Don’t hope it’ll just go away. Contact an experienced federal firearms defense attorney today. Your freedom, your future, and your family’s well-being depend on the decisions you make right now.