The illegal sale of weapons is a serious criminal offense in North Carolina that can lead to felony charges, steep fines, and long-term consequences, including the loss of firearm rights. Whether the allegation involves selling without a license, transferring a weapon to a prohibited person, or trafficking firearms across state lines, the stakes are high. If you are under investigation or have been charged, you need an experienced criminal defense attorney who can intervene early, protect your rights, and navigate the legal minefield ahead.
What Constitutes an Illegal Firearms Sale?
Not all weapons transactions are unlawful, but the laws governing weapon sales are complex. You can be charged with the illegal sale of a weapon in North Carolina for:
- Selling a firearm without proper licensure if you are engaged in repeated transactions
- Transferring a weapon to someone who is legally prohibited from owning one
- Failing to conduct a background check in required situations
- Selling firearms to a minor
- Participating in or facilitating gun trafficking operations
Even private sales may carry legal risk if the seller has reason to believe the buyer is a felon or otherwise restricted from firearm ownership.
Penalties for Unlawful Firearm Sales
Criminal penalties depend on the nature of the sale and the defendant’s prior record. A first-time offense may be charged as a Class H or Class I felony, depending on the specifics, and can result in several months to years of imprisonment. In cases involving minors, straw purchasers, or large-scale trafficking, prosecutors may pursue aggravated sentencing, which can mean significant prison time and federal scrutiny.
A conviction may also result in permanent loss of gun ownership rights and long-term damage to your reputation, career, and financial future.
State vs. Federal Jurisdiction
Illegal gun sales may be prosecuted under North Carolina state law, but they often trigger federal jurisdiction, especially when firearms cross state lines, are sold to individuals barred from possession, or are connected to broader criminal activity. In such cases, defendants may face charges under federal statutes like 18 U.S.C. § 922 and § 924, which impose harsh mandatory minimums and severe penalties. Thomas Amburgey’s growing federal defense practice ensures clients are equipped to fight back in either venue—with a full understanding of the risks and defenses available.
What Clients Need to Know
- A single unlawful transfer can be charged as a felony
- You do not have to be a licensed gun dealer to be prosecuted for an illegal sale
- Sales to felons, minors, or those with mental health disqualifications are high-risk
- Federal penalties may apply if the weapon crosses state lines or is used in another crime
The Right Defense for Complex Firearms Allegations
Illegal weapons sale charges often rely on circumstantial evidence, confusing regulations, or law enforcement stings. Thomas Amburgey, a former prosecutor and Board Certified Criminal Law Specialist, understands how to challenge these allegations and protect your freedom. From factual defenses to constitutional issues, his trial experience and meticulous strategy can make all the difference.
Schedule a confidential consultation today to discuss your case.
