Larceny of a Firearm: Federal Charges, Sentencing, and Rights Loss

Larceny of a firearm is a felony in nearly every U.S. jurisdiction, no matter what the gun is worth. A conviction can bring up to ten years in federal prison when the theft involves a licensed dealer or a weapon that has moved in interstate commerce,¹ and even a state-court conviction permanently strips your right to possess firearms under federal law.

What Prosecutors Have to Prove

A larceny-of-a-firearm charge requires the same basic elements as any theft, with one piece tied to the object itself. The prosecution has to show that you physically took and moved the weapon from its location without the owner’s permission. Even moving a gun a few inches counts. The item must belong to someone else, and ownership is usually established through purchase records, registration documents, or the victim’s testimony.

The object has to qualify as a firearm under the statute being used. Federal law defines a firearm as any weapon designed to expel a projectile by the action of an explosive, along with the frame or receiver of such a weapon, any silencer, or any destructive device.² Antique firearms are excluded from that federal definition, and state definitions vary. Most state codes cover handguns, rifles, and shotguns but leave out air rifles and certain replicas.

Intent is the final piece. You must have intended to permanently deprive the owner of the weapon. Borrowing a gun without permission or taking it in a dispute over shared property might support other charges, but larceny needs proof of a permanent-deprivation mindset. Prosecutors lean on circumstantial evidence here: trying to sell the gun, hiding it, or grinding off the serial number all point toward an intent to keep it for good.

Why the Dollar Value Doesn’t Matter

Ordinary theft charges scale with the value of what was taken. A $200 item is usually a misdemeanor; a $2,000 item becomes a felony. Firearms break that pattern. A majority of states classify the theft of any firearm as a felony no matter what the gun is worth, whether it’s a worn-out revolver or a custom competition rifle. The reasoning is straightforward: a stolen weapon creates a public danger unrelated to its price.

That automatic felony classification matters for two reasons. Even a defendant with no criminal history faces serious consequences on a first offense, and in most jurisdictions the charge cannot be plea-bargained down to misdemeanor theft without dropping the firearm element entirely. Courts and legislatures treat the nature of the stolen property as the controlling factor, not the economic loss.

When the Case Becomes Federal

If a firearm is stolen from the inventory of a federally licensed dealer, importer, or manufacturer, the case can move from state court to the federal system. Under 18 U.S.C. § 922(u), it is a federal crime to steal or unlawfully take any firearm from the person or premises of a Federal Firearms Licensee if that weapon has moved through interstate or foreign commerce.² Because almost every commercially sold firearm has crossed state lines during manufacturing or distribution, the interstate commerce element is nearly always satisfied.

A conviction under this statute carries a fine, up to ten years in federal prison, or both.¹ Federal sentences are governed by the United States Sentencing Guidelines, and defendants serve at least 85% of the imposed term because the federal system has no traditional parole. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigates these cases, often working with local law enforcement when dealer inventories are hit.

Federal jurisdiction also reaches thefts of interstate shipments. Stealing firearms from a delivery truck crossing state lines falls squarely within federal authority. Those cases bypass state courts, and convictions mean time in federal correctional institutions.

Receiving or Possessing a Stolen Firearm

You don’t have to be the person who stole the gun to face federal charges over it. Under 18 U.S.C. § 922(j), it is illegal to receive, possess, conceal, sell, or otherwise deal in any stolen firearm that has moved in interstate commerce, as long as you knew or had reasonable cause to believe the weapon was stolen.² The “reasonable cause to believe” standard sits below actual knowledge. Buying a gun at a suspiciously low price, from a seller with no paperwork, or in circumstances that would make a reasonable person question the sale can be enough.

The penalty tracks the theft charge itself: up to ten years in federal prison and a fine.¹ A buyer who picks up a stolen handgun out of someone’s trunk can face the same maximum sentence as the person who broke into the gun store. Prosecutors use this statute aggressively because it targets the demand side of the stolen-firearms market.

Obliterated Serial Numbers Stack On Top

Stolen firearms often turn up with their serial numbers ground off, scratched out, or altered. Federal law treats that as a separate offense. Under 18 U.S.C. § 922(k), it is illegal to possess or receive a firearm with a removed, obliterated, or altered serial number if the weapon has at any point been shipped or transported in interstate commerce.² The charge carries up to five years in federal prison.¹

What matters is that this charge stacks on top of theft or possession counts. Someone who steals a firearm and then removes the serial number faces the larceny charge plus the serial number charge, each with its own potential prison term. The possession version catches downstream buyers too. If you purchase a gun and the serial number has been tampered with, you can be prosecuted even if you didn’t remove it and had nothing to do with the original theft.

State Sentencing and Aggravating Factors

Because firearm theft is a felony across virtually all states, prison exposure is substantial even for first-time offenders. The specific range depends on the felony grade your state assigns, your criminal history, and any aggravating circumstances. A defendant with no prior record convicted of a standalone firearm theft might face anywhere from one to ten years, depending on the jurisdiction’s sentencing structure. Repeat offenders and those with violent histories land at the higher end.

Aggravating factors push the severity up. If the theft happened during a residential burglary, involved violence or threats, or targeted multiple firearms, sentencing guidelines shift into higher categories. Many states also impose mandatory minimum sentences for firearm-related felonies, limiting how far a judge can go below the floor. Financial penalties typically accompany the prison term, along with restitution to the victim for the value of the stolen weapon. A period of supervised probation often follows release, with regular check-ins, travel restrictions, and prohibitions on possessing weapons or associating with known offenders. Violating those terms can send you back to serve any suspended portion of the original sentence.

What a Conviction Costs After Release

The prison sentence is the beginning. A felony conviction for firearm theft triggers consequences that outlast the sentence, and some are permanent.

The first is the one that sounds backward but hits hardest: you lose the right to possess firearms. Federal law prohibits anyone convicted of a crime punishable by more than one year of imprisonment from shipping, transporting, possessing, or receiving any firearm or ammunition.² Since firearm larceny is universally a felony exceeding that threshold, every conviction triggers the lifetime ban. Getting caught with a gun afterward is a separate federal offense carrying up to ten years on its own.¹ For someone with three prior violent felony or serious drug convictions, the Armed Career Criminal Act pushes the minimum to fifteen years.³

Voting rights are affected in most states, though the rules vary. Some states restore voting rights automatically on release from prison, others require completion of parole and probation, and a handful impose a waiting period or require a governor’s pardon. Employment consequences are equally significant. A felony involving theft and firearms can disqualify you from careers in healthcare, education, law enforcement, finance, and any field requiring a professional license or security clearance. Background checks flag felony convictions indefinitely in most states.

Getting Firearm Rights Back

Federal law includes a mechanism for convicted felons to seek relief from the lifetime firearms ban. Under 18 U.S.C. § 925(c), a prohibited person can apply to the Attorney General for removal of the federal firearms disability on a showing that their record and reputation indicate they will not endanger public safety and that restoring their rights would not be contrary to the public interest.⁴

In practice, that path was effectively closed for decades. Since 1992, Congress included a rider in ATF appropriations bills blocking the agency from spending money to process these applications. In early 2025, an executive order directed the Department of Justice to address federal barriers to Second Amendment rights, and the Attorney General issued an interim rule transferring § 925(c) authority from the ATF to the DOJ itself. As of mid-2026, the DOJ has not yet finalized application procedures or opened a submission portal. Under the proposed framework, individuals convicted of violent felonies or federal sex offenses would be excluded from eligibility, and other applicants would face a waiting period of five to ten years depending on the nature of the conviction.

State-level restoration is a separate process. Some states let felons petition a court for restoration of firearm rights after completing their sentence, others tie restoration to a governor’s pardon, and others make it unavailable for certain offense categories. Because the federal ban and a state ban operate independently, relief from one does not automatically clear the other. Pursuing restoration means addressing both levels.

1
Office of the Law Revision Counsel. 18 USC 924 – Penalties
2
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
3
United States Sentencing Commission. Section 922(g) Firearms
4
Office of the Law Revision Counsel. 18 USC 925 – Exceptions; Relief From Disabilities