Dealing Firearms Without a License in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Our office answers 24 hours a day.

Dealing Without a License (18 U.S.C. § 922(a)(1)(A); Pattern Instr. O34.1)

What the Government must prove (Elements):

1. The defendant engaged in the business of dealing in firearms.
2. The defendant did not have a federal license.
3. The defendant acted willfully.

"Engaged in the business." Under the current statute, a dealer is someone who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business to predominantly earn a profit through the repetitive purchase and resale of firearms. It does not include occasional sales, exchanges, or purchases to enhance a personal collection or for a hobby, or selling all or part of a personal collection. The instruction lets the jury weigh all the circumstances, including how many guns were sold and how often, where and under what conditions, the defendant's behavior, the prices, and the kinds of guns. The Government does not have to show an actual profit, and no profit motive is required for someone who regularly deals in guns for criminal purposes or terrorism.

"Willfully" means the defendant knew the conduct was unlawful. The Government does not have to prove he or she knew about the specific licensing requirement.

Penalty: up to 5 years.

Transferring a Gun to an Out-of-State Resident (§ 922(a)(5); Pattern Instr. O34.2)

What the Government must prove (Elements):

1. The defendant willfully transferred, sold, or delivered a firearm to another person.
2. Neither the defendant nor the recipient was a licensed dealer, importer, manufacturer, or collector.
3. The defendant knew or had reasonable cause to believe the recipient lived in another state.

It is not a crime to lend or rent a gun for lawful sporting purposes, or to transfer one to carry out a will or an inheritance to someone who may lawfully receive it. Up to 5 years.

Dealer Record Crimes

• Failing to record a sale (§ 922(b)(5); O34.4, Elements): a licensed dealer sold or delivered a firearm or armor-piercing ammunition and knowingly and willfully failed to record the buyer's name, age, and address. Up to 5 years.
• False entry in a required record (§ 922(m); O34.7, Elements): a licensed dealer made an entry in a federally required record, knowing it was false. Willfulness is not required. Up to 1 year.

Buyers who lie on the purchase form are covered on our Straw Purchases & Form 4473 page.

Defense Themes

• Collector or hobbyist, not a business. The statute itself excludes occasional sales and selling a personal collection.
• Profit was not the predominant purpose. Intent is judged from all the circumstances.
• Willfulness. Did the person know the conduct was unlawful?
• Residency. What did the seller actually know about where the buyer lived?
• Sting tactics. Agent-arranged buys and recorded conversations need close review. See Reverse Stings.

What to Do First

1. Stop selling and don't talk to agents or "buyers" about past sales.
2. Preserve, don't delete, messages and listings; deleting can create new problems.
3. Call us before any interview or search.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

How many guns can I sell before I need a license?

The law sets no number. The question is whether you were in the business, regularly buying and reselling to predominantly earn a profit, or making occasional sales from a personal collection.

Can I sell a gun to a friend who lives in Georgia?

Federal law generally bars an unlicensed person from transferring a gun directly to a resident of another state, with exceptions for temporary sporting loans or rentals and for wills and inheritances.