A conviction under 18 U.S.C. 922(a)(1)(A) for dealing firearms without a federal license carries up to five years in federal prison and a fine of as much as $250,000. The penalties under 18 U.S.C. 922(a)(1)(A) also include forfeiture of the firearms involved, up to three years of supervised release after prison, a mandatory $100 special assessment, and a lifetime federal ban on possessing guns or ammunition. What a judge actually imposes depends on how many firearms were involved, whether the dealing was tied to other crimes, and the defendant’s criminal history.1Office of the Law Revision Counsel. 18 USC 924 – Penalties
The Five-Year Prison Maximum
The five-year ceiling comes from the catch-all penalty provision at 18 U.S.C. 924(a)(1)(D), which covers willful violations of chapter 44 that are not addressed by other penalty subsections.1Office of the Law Revision Counsel. 18 USC 924 – Penalties A maximum of five years makes unlicensed dealing a Class D felony under the federal sentencing classification statute.2Office of the Law Revision Counsel. 18 USC 3559 – Sentencing Classification of Offenses
Five years is the ceiling, not the floor. First-time offenders who sold a handful of guns and cooperated with investigators routinely receive far less. Judges reserve the top of the range for large-scale, ongoing dealing or cases with links to violent crime.
What a Judge Actually Imposes
Federal judges start with the U.S. Sentencing Guidelines, which are advisory but shape almost every sentence. For unlicensed dealing, the relevant guideline is U.S.S.G. 2K2.1. It sets a base offense level and then adjusts it up or down based on the facts.3United States Sentencing Commission. 2K2.1 Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition
The number of firearms drives the calculation. Three to seven firearms adds 2 offense levels, 8 to 24 adds 4, 25 to 99 adds 6, 100 to 199 adds 8, and 200 or more adds 10.3United States Sentencing Commission. 2K2.1 Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition Trafficking adds another 4 levels. If any firearm was possessed or transferred with knowledge it would be used in another felony, the offense level increases by 4 with a floor of level 18. Removed or altered serial numbers trigger additional enhancements.
Criminal history matters just as much. The guidelines sort defendants into categories I through VI based on prior convictions. A first-time offender with a low offense level might see a guideline range of 0 to 6 months. Someone with a real record and several enhancements can face a range that pushes toward the five-year statutory maximum.
Departures cut the other way. Early acceptance of responsibility, cooperation with investigators, and the absence of any connection to violence all pull sentences down. Substantial assistance in another prosecution, such as helping identify upstream suppliers or dismantle a trafficking network, carries the most weight and can produce sentences well below the guidelines number.
Fines and Money Owed
The maximum criminal fine for an individual is $250,000 per count under the general federal fine statute, 18 U.S.C. 3571. Organizations face up to $500,000. Courts can go higher by setting the fine at twice the gross gain from the offense or twice the gross loss to any victims when either figure exceeds the standard cap.4Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine The judge weighs the defendant’s ability to pay, the seriousness of the offense, and any profit from the illegal sales.
Every federal felony conviction also carries a mandatory $100 special assessment per count. The court cannot waive it, and in a multi-count case the assessments add up.5Office of the Law Revision Counsel. 18 USC 3013 – Special Assessment on Convicted Persons
Firearm Forfeiture
Under 18 U.S.C. 924(d), every firearm involved in a willful violation of chapter 44 is subject to seizure and forfeiture, and the government does not need a separate forfeiture action to take them. If the defendant is acquitted, or the charges are dismissed other than by a government motion before trial, the firearms must be returned. Only the specific firearms tied to the offense are subject to forfeiture, not the defendant’s entire collection.1Office of the Law Revision Counsel. 18 USC 924 – Penalties
Broader asset forfeiture of bank accounts, vehicles, or real estate is not directly available under 922(a)(1)(A). The civil forfeiture statute at 18 U.S.C. 981 does not list unlicensed dealing as a predicate offense. If prosecutors add money laundering or other financial charges alongside the firearms count, those additional counts can open the door to wider seizures.
Supervised Release After Prison
A federal sentence for a Class D felony can include up to three years of supervised release, which begins the day the defendant leaves prison.6Office of the Law Revision Counsel. 18 USC 3583 – Inclusion of a Term of Supervised Release After Imprisonment Standard conditions include regular check-ins with a probation officer, travel restrictions, drug testing, and a prohibition on possessing firearms or ammunition. Violating any condition can send the defendant back to prison.
Charges That Get Stacked On Top
Unlicensed dealing rarely stays a single-count case. The same conduct that violates 922(a)(1)(A) often supports additional charges, and stacking is how federal sentences grow well past five years.
Firearm Used in a Drug Crime or Crime of Violence
If the dealing is tied to drug trafficking or violent crime, prosecutors may add a charge under 18 U.S.C. 924(c). That statute carries a mandatory minimum starting at five years for possessing a firearm in furtherance of a drug trafficking crime or crime of violence, and the 924(c) sentence must run consecutive to any other sentence. A defendant who gets three years for unlicensed dealing and five years under 924(c) serves eight years, not five.7United States Sentencing Commission. Section 924(c) Firearms
Straw Purchasing and Trafficking
The Bipartisan Safer Communities Act of 2022 created two standalone offenses. Under 18 U.S.C. 932, buying a firearm on behalf of a prohibited person carries up to 15 years. Under 18 U.S.C. 933, trafficking firearms to someone the seller knows or should know is prohibited carries the same 15-year maximum. If the firearms were used or intended for use in a felony, terrorism, or drug trafficking, the maximum climbs to 25 years.8Congress.gov. Bipartisan Safer Communities Act (P.L. 117-159) Section-by-Section Summary
Selling to a Prohibited Person
Knowingly selling a firearm to someone barred from possessing one violates 18 U.S.C. 922(d), which now carries up to 15 years after the BSCA enhancement.8Congress.gov. Bipartisan Safer Communities Act (P.L. 117-159) Section-by-Section Summary Unlicensed dealers are more exposed to this charge than licensed ones, because they are not running the background checks that would flag prohibited buyers.
Life After the Sentence
Lifetime Federal Firearms Ban
Anyone convicted of a crime punishable by more than one year in prison is federally prohibited from possessing, shipping, transporting, or receiving firearms or ammunition under 18 U.S.C. 922(g)(1). A 922(a)(1)(A) conviction triggers this ban automatically.9Bureau of Alcohol, Tobacco, Firearms and Explosives. Identify Prohibited Persons
On paper, 18 U.S.C. 925(c) allows a convicted person to apply to the ATF for relief. In practice, Congress has attached a rider to ATF appropriations bills since 1992 barring the agency from spending any money to process those applications, which makes the federal ban effectively permanent. Some states run their own restoration processes, but a state restoration does not override the federal prohibition in every circuit. Federal law also blocks a convicted felon from obtaining a Federal Firearms License, so going legitimate later is not an option.
Employment and Licensing
A federal firearms felony closes off entire career paths. Any job requiring a security clearance becomes difficult or impossible. Law enforcement, private security, and private investigation are typically barred by state licensing boards, which generally disqualify applicants with felony firearms convictions. Financial services, healthcare, and education routinely run background checks that flag federal felony records, and many employers treat a firearms conviction as disqualifying.
Housing
Federal housing assistance does not impose a blanket ban on people with felony convictions. HUD mandates denial only for people convicted of manufacturing methamphetamine on federally assisted property and for sex offenders subject to lifetime registration.10HUD Exchange. Are Applicants With Felonies Banned From Public Housing or Any Other Housing Funded by HUD Beyond those categories, local public housing authorities have broad discretion, and many treat firearms felonies as a serious negative factor. Private landlords running background checks frequently reject applicants with federal felony records.
When a Private Sale Is Not Dealing
The statute does not criminalize every private sale. It exempts people who make occasional sales or exchanges to enhance a personal collection or pursue a hobby, and anyone selling all or part of a personal collection.11Bureau of Alcohol, Tobacco, Firearms and Explosives. Definition of Engaged in the Business as a Dealer in Firearms The line turns on whether the seller is repeatedly buying firearms with the intent to resell them for profit. A collector who sells a few guns from an old collection to fund a new purchase is not engaged in the business. Someone who buys at gun shows, marks the guns up, and resells at a steady pace likely is. The volume does not need to be large if the pattern shows a profit motive, and anyone regularly buying and reselling should consider whether an FFL is required before the penalties above become the reader’s problem.