Defending Those Charged with Federal Gun Crimes - Call Us Immediately
When facing the overwhelming power, unlimited budgets, and vast investigative resources of the United States federal government, the legal representation you secure can be the defining factor between maintaining your freedom and spending decades in a federal penitentiary.
Attorney Josh Kolsrud is a highly respected state and federal defense attorney in Arizona and the founder of Kolsrud Law Offices. As a former US Federal Prosecutor, he now dedicates his specialized practice solely to defending individuals and businesses who have been charged with a crime. Over the past 15 years, he has successfully handled over 3,500 criminal cases, bringing an incredible amount of legal knowledge, tactical insight, and aggressive courtroom trial experience to every client he represents.
Quick Facts About This Article
- Former federal prosecutor Josh Kolsrud defends Arizona ATF and FFL cases.
- ATF can revoke your Federal Firearms License for intentional compliance violations.
- Unlicensed firearm dealing carries up to five years in federal prison.
- Gun trafficking can carry 15-year maximum federal prison sentences.
- False information on ATF Form 4473 can carry up to 10 years in prison.
- FOPA protects citizens legally transporting unloaded, secured firearms across state lines.
- Possessing a firearm while using illegal marijuana or drugs remains a strict federal crime.
- Transporting NFA items across state lines requires prior Form 20 approval.
- Prohibited possessors face Class 4 felony weapons charges under Arizona law.
- Attorneys use Fourth Amendment motions to suppress illegally obtained ATF evidence.
Attorney Josh Kolsrud’s expertise is widely recognized across the legal community. He has been featured in over 250 news interviews, radio broadcasts, and podcasts, establishing himself as an authoritative voice in criminal defense. His professional accolades reflect his unwavering commitment to securing the best possible outcomes for his clients.
Josh Kolsrud is AV-Preeminent Rated and has been awarded the Platinum Client Champion by Martindale Hubbell. He is a recipient of the AVVO Client's Choice Award, has been recognized among "The National Trial Lawyers Top 100 Criminal Defense," and was awarded "Litigator of the Year" by the American Institute of Trial Lawyers. Furthermore, Kolsrud Law Offices maintains a flawless 5 Star Google Rating.
For residents across all of Arizona—with a strong focus on Phoenix, Scottsdale, Mesa, Tempe, Chandler, Glendale, and surrounding cities—facing prosecution by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is a terrifying prospect. This comprehensive guide explores the deep complexities of federal firearms laws, the severe consequences of convictions, the intricate nature of FFL compliance, and why retaining an elite legal advocate is critical to protecting your business, your future, and your constitutional Second Amendment rights.
Contact us today to schedule a free consultation and learn more about how we can help you.
The Critical Need for a Federal Firearm Defense Attorney
The Second Amendment guarantees the right to bear arms, but both the federal government and the State of Arizona heavily regulate the manufacture, sale, possession, and transfer of firearms. If these laws are manipulated or broken, the Department of Justice can prosecute those charged with full force.
How a Federal Crimes Attorney Can Help
A federal firearm defense attorney specializes in the highly complex intersection of federal criminal statutes, administrative regulatory law, and constitutional rights. Unlike standard state-level crimes, federal offenses involve agencies with virtually unlimited resources, such as the ATF, the Federal Bureau of Investigation (FBI), and Homeland Security Investigations (HSI).
Prosecutions in federal court are governed by the United States Code (U.S.C.) and are subject to the rigid Federal Sentencing Guidelines, which often mandate severe, unavoidable prison sentences for convictions.
Experience of a Former U.S. Prosecutor
Defending against these federal entities requires an attorney who not only understands all aspects of the law but has also stood on the other side of the courtroom as a federal prosecutor. Attorney Josh Kolsrud possesses this exact, highly sought-after background.
Josh Kolsrud knows exactly how federal task forces conduct their investigations, how grand juries are utilized to secure sealed indictments, and how prosecutors leverage overwhelming evidence to force unfavorable plea agreements.
With this insider knowledge, a skilled federal firearm defense attorney can proactively intervene in an ongoing investigation, challenge the methods used by law enforcement, and file aggressive pretrial motions to suppress evidence obtained in violation of your Fourth Amendment rights.
Consequences of Selling Guns Without a License and Being an Unlicensed Firearms Dealer
One of the most heavily prioritized and frequently prosecuted areas in federal law today involves individuals accused of acting as an unlicensed firearms dealer. Under 18 U.S.C. § 922(a)(1)(A), it is unlawful for any person, except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms.
For decades, the definition of what it meant to "engage in the business" provided a relatively safe harbor for private collectors who occasionally sold firearms. However, recent sweeping changes in federal law, specifically the passage of the Bipartisan Safer Communities Act, have drastically tightened these regulations. The law now explicitly targets anyone who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit.
The ATF aggressively targets individuals suspected of selling guns without a license at local gun shows in Phoenix, out of their private residences in Scottsdale, or through online classifieds and social media forums. The line between a lawful private seller and an illegal dealer is perilously thin.
If you are charged as an unlicensed firearms dealer, the government will forensically examine the volume of your sales, how quickly you turn around inventory, your bank records, and whether you are purchasing firearms in their original packaging specifically to resell them at a markup.
Defending against these allegations requires a meticulous examination of the financial evidence. Attorney Josh Kolsrud can build a solid defense suggesting that your activities fell squarely within the legal exemptions for casual sales and hobbyist collecting.
Transporting Firearms Across State Lines
While Arizona is well known for its constitutional carry provisions and generally permissive gun laws, transporting firearms across state lines or through specific federal jurisdictions can lead to immediate and severe legal trouble. Transporting firearm charges often arise when otherwise law-abiding individuals inadvertently violate the complex, overlapping patchwork of laws that govern interstate travel.
Under the federal Firearm Owners Protection Act (FOPA), specifically codified at 18 U.S.C. § 926A, citizens are granted a "safe passage" provision to transport unloaded, secured firearms through restrictive states, provided the firearms are legal to possess at both the state of origin and the final destination. However, law enforcement officers in strict jurisdictions frequently ignore or misinterpret this provision, leading to unlawful arrests and the seizure of expensive property.
Furthermore, transporting certain items regulated under the National Firearms Act (NFA), such as short-barreled rifles (SBRs) or suppressors, across state lines without obtaining prior written approval from the ATF via Form 20 is a federal felony.
If you are facing transporting firearm charges, you need an attorney who can unravel the jurisdictional issues, aggresively invoke FOPA protections, and fight to have the charges dismissed entirely.
State-Level Felony Gun Charges? You Need an Arizona Weapons Charge Attorney
While federal laws are incredibly strict, the State of Arizona also aggressively prosecutes weapons offenses. If you are facing state-level felony gun charges, you need a dedicated Phoenix weapons charge attorney to expertly navigate the nuances of the Arizona Revised Statutes (A.R.S.) and the Maricopa County Superior Court system.
Under A.R.S. Title 13, Chapter 31, the State of Arizona defines numerous acts as "Misconduct Involving Weapons." Common state felony gun charges include:
- A.R.S. § 13-3102(A)(4): Possessing a deadly weapon if you are a prohibited possessor. In Arizona, this includes convicted felons whose civil rights have not been restored, or individuals currently serving a term of probation for a domestic violence offense.
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A.R.S. § 13-3102(A)(8): Using or possessing a deadly weapon during the commission of any other felony offense, which acts as a severe sentencing enhancement.
- A.R.S. § 13-3102(A)(14): Supplying, selling, or giving a deadly weapon to another person if you know or have reason to know that the person will use it to commit a felony.
The danger often arises when state law conflicts with federal law. For example, possessing a firearm while being an active user of marijuana is a federal crime under 18 U.S.C. § 922(g)(3), despite recreational marijuana being legal in Arizona.
Defense attorney Josh Kolsrud, a seasoned Phoenix weapons charge attorney, will meticulously review the circumstances surrounding your arrest, challenge the constitutionality of the initial traffic stop or search, and fight tenaciously to protect your rights in both state and federal jurisdictions.
Potential Penalties and Fines for Federal and State Firearms Offenses
A conviction for a state or federal weapons charge can permanently alter the trajectory of your life, stripping you of your constitutional rights, ruining your professional reputation, and resulting in devastating financial ruin. The federal sentencing guidelines are exceptionally harsh, often imposing mandatory minimums that offer federal judges zero discretion for leniency.
Below is a detailed breakdown of the potential penalties and fines associated with various firearms offenses. Please note that these are statutory maximums; actual sentences depend heavily on prior criminal history, the specific circumstances of the case, and the caliber of your legal defense.
| Offense Description | Jurisdiction & Statute | Potential Maximum Prison Sentence | Maximum Potential Fine |
|---|---|---|---|
| Unlicensed Dealing / Selling Guns Without a License | Federal: 18 U.S.C. § 922(a)(1)(A) | Up to 5 Years in Federal Prison | Up to $250,000 |
| Felon in Possession of a Firearm | Federal: 18 U.S.C. § 922(g) | Up to 15 Years in Federal Prison | Up to $250,000 |
| Gun Trafficking & Straw Purchasing | Federal: 18 U.S.C. § 932 / § 933 | Up to 15 Years in Federal Prison | Up to $250,000 |
| Possession of Firearm in Furtherance of Drug Crime | Federal: 18 U.S.C. § 924(c) | Mandatory Consecutive 5 Years to Life | Up to $250,000 |
| Making False Statements on ATF Form 4473 | Federal: 18 U.S.C. § 922(a)(6) | Up to 10 Years in Federal Prison | Up to $250,000 |
| Misconduct Involving Weapons (Prohibited Possessor) | Arizona: A.R.S. § 13-3102(A)(4) | Class 4 Felony: 1 to 3.75 Years in State Prison | Up to $150,000 |
| Possession of Unregistered NFA Item | Federal: 26 U.S.C. § 5861(d) | Up to 10 Years in Federal Prison | Up to $10,000 |
Searching for a "Firearms Lawyer Near Me"? Choose the Best Firearms Defense Attorney
When your future, your freedom, and your Second Amendment rights are on the line, you absolutely cannot afford to leave your defense to chance. When individuals panic and search the internet for a "firearms lawyer near me," they often end up retaining attorneys who primarily handle minor state-level offenses like traffic tickets or simple drug possession. Federal court is an entirely different, incredibly hostile battlefield that requires a highly specialized skill set.
As a highly respected firearms defense attorney and a former US Federal Prosecutor, Attorney Josh Kolsrud knows exactly how the government builds its cases because he spent years building them himself. He knows the manipulative tactics ATF agents use to secure confessions, how federal prosecutors utilize grand juries to secure indictments, and most importantly, how to find and exploit the fatal flaws in their complex investigations.
A federal weapons charge is not just a legal problem; it is a life-altering crisis that demands an immediate, overwhelming, and highly strategic response. Whether you are a business owner in desperate need of an attorney to save your license, an individual falsely accused of illicit trafficking, or a citizen caught in the complex web of interstate transport laws, you need an attorney with unmatched expertise, a proven track record, and a fierce, unyielding dedication to protecting your rights.
Located in Phoenix, Arizona, and serving clients statewide, Kolsrud Law Offices stands ready to defend you against the full weight of the federal government and state prosecutors. Do not face the ATF or the Department of Justice alone. Trust an AV-Preeminent Rated, Top 100 Criminal Defense litigator to secure your freedom. Contact Attorney Josh Kolsrud today to schedule a comprehensive, confidential free consultation and begin building the impenetrable defense strategy your case demands.
Previous FFL and Federal Gun Crimes Cases We've Won
Dealing Firearms Without a License Case Dismissed
Mr. J.M., a federally licensed firearms dealer, faced a multi-count federal indictment alleging that he dealt firearms without a license and made false statements to an FFL. The defense strategically filed a motion to suppress, arguing that federal agents used a regulatory compliance check as a pretext to conduct an unconstitutional, warrantless evidentiary search in violation of the Fourth Amendment.
After full briefing and oral arguments, the District Court agreed with the defense and suppressed the government’s unlawfully obtained business records. Without their key evidence, the United States dismissed all charges against Mr. J.M., preventing a federal felony conviction and saving his livelihood in the firearms industry.
FFL Compliance Prosecution Resolved Without Prison Time
Mr. Kolsrud represented K.S., an FFL dealer facing a federal firearms prosecution for alleged compliance and recordkeeping violations where the government initially sought five years in prison. By conducting an early case assessment, the defense identified critical legal and factual weaknesses in the prosecution's ability to prove the conduct was a knowing and repeated violation of the law.
Through targeted motion practice, strategic negotiations, and the presentation of compelling mitigation evidence, Mr. Kolsrud placed the client's actions into the proper context. The case ultimately resolved favorably with a dismissal and a term of probation, successfully sparing the client from the government's demand for a significant prison sentence.
ATF Investigation Closed and Seized Firearms Returned
During a high-stakes ATF investigation, agents seized the entire firearm inventory of FFL dealer D.H. based on allegations of severe federal compliance violations that risked multiple felony charges. Mr. Kolsrud conducted a meticulous review of the agency's actions, quickly identifying significant procedural and legal deficiencies in both the initial physical seizure and the underlying allegations.
The defense engaged directly with federal prosecutors to demonstrate that the client’s operations were fully lawful and that the government could not establish any willful regulatory violations. As a direct result of this proactive legal intervention, the government formally declined to file any criminal charges and returned all seized firearms to the client.
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An Award-Winning Criminal Defense Attorney Since 2006
Awards and Recognition
Josh is honored to be recognized by his peers and industry for
going above and beyond for his clients.
Martindale Hubbell AV-Preeminent Rating
Martindale Hubbell Client Champion Platinum Award
Google 5-Star Ratings & Reviews
Avvo Clients' Choice Award
The National Trial Lawyers Top 100 Criminal Defense
Expertise.com Best Federal Crimes Defense Attorney
Expertise.com Best Criminal Defense Attorney in Phoenix
Litigator of the Year
4 X Attorney
of the Month
Presidential
Award
An award-winning criminal defense attorney Since 2006
Why Choose Josh Kolsrud
With over 100 trials to his name, and years of experience as a state and federal prosecutor, Josh understands the law, the legal process, and your rights. Josh is also committed to representing every client with utmost integrity and dedication
Experience
Josh has prosecuted major crimes on the state and federal level, led a successful anti-human sex trafficking operation that saved lives, and argued before countless juries and justices for his clients
Expertise
Josh is an expert in both Arizona and federal criminal law, and is ready to put that expertise to work for you.
Dedication
As a prosecutor, Josh saw far too many defendants lose their livelihood due to poor representation. Josh will always give every client his complete attention and effort
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