Understanding the Stakes of Federal Gun Charges
Federal gun charges bring long sentences, strict rules, and high conviction rates. These cases move fast and often involve federal agencies like the ATF or FBI. Even if a firearm is legal under Texas gun laws, federal law may still apply. If you are facing federal charges for unlawful possession, firearm use during a drug trafficking crime, or other weapons offenses, you need to act quickly. The right legal strategy can make the difference between a conviction and a dismissal.
In this blog, we explain the most common federal gun charges, what triggers federal jurisdiction, how the legal process works, and key defense strategies you can use with the help of an experienced gun charges attorney.
Common Federal Gun Charges Under Texas and U.S. Law
Federal gun charges often carry severe penalties. These charges can apply even when conduct is legal under Texas gun laws. Below are the most common federal gun crimes seen in Texas and how they relate to state and federal statutes.
Unlawful Possession of a Firearm
Federal law under 18 U.S.C. § 922(g) prohibits certain individuals from possessing firearms. These include convicted felons, fugitives, drug users, and individuals dishonorably discharged from the armed forces. A person found in unlawful possession of a firearm under this statute faces federal charges that can lead to years in federal prison.
Under Texas Penal Code § 46.04, it is also illegal for a convicted felon to possess a firearm within five years of release. After five years, possession is only legal at the felon’s residence. Any violation can result in a state or federal weapons charge, depending on the circumstances.
Possession of a Firearm in Furtherance of a Drug Trafficking Crime
Under 18 U.S.C. § 924(c), possessing a firearm during or in relation to a drug trafficking crime triggers mandatory minimum sentences. This applies whether the weapon was fired or not. Even having a firearm accessible during a drug trafficking crime can be enough for a federal charge.
Drug trafficking often overlaps with gun charges due to concerns over public safety and violence. Prosecutors use this statute to pursue more severe penalties.
Possession on Federal Property or Government Buildings
Possessing a weapon on federal property, such as a courthouse or post office, is a federal crime. This falls under Title 41 CFR § 102-74.440. Federal law prohibits firearms in government buildings regardless of Texas gun laws.
Possession of a firearm at a polling place or other restricted area can also result in federal charges. Ignorance of federal boundaries or property status does not prevent prosecution.
Unlawful Transfer or Sale of Firearms
Federal law limits who can sell or transfer firearms. Transferring a weapon to a prohibited person, or selling without a federal license, may lead to charges under 18 U.S.C. § 922(d). The unlawful sale of machine guns or other prohibited weapons also triggers federal enforcement.
Texas allows private firearm sales, but once a sale crosses state lines or violates federal rules, it becomes a federal issue. A gun charges attorney can help assess the legal risks involved.
Armed Career Criminal Act (ACCA)
The Armed Career Criminal Act, found in 18 U.S.C. § 924(e), increases penalties for those with three or more prior convictions for violent felonies or drug trafficking crimes. A person facing federal gun charges under this law may receive a mandatory minimum sentence of 15 years.
This statute applies even if the prior convictions are under state law. It is used to target repeat offenders and limit their ability to bear arms.
Key Factors That Trigger Federal Jurisdiction
Certain facts or actions can shift a gun crime from state to federal court. Below are the main reasons why federal law enforcement may take over a weapons charge in Texas.
Interstate Commerce Connection
Federal jurisdiction often depends on a link to interstate commerce. If a firearm was manufactured in another state or transported across state lines, it falls under federal law. Even if the weapon never left Texas, its origin can be enough to trigger federal gun charges.
Federal courts routinely use this clause to justify federal prosecution in possession of a firearm cases.
Federal Property Involvement
Possession of a weapon on federal property is a direct trigger for federal charges. This includes courthouses, post offices, military bases, and other locations under federal control. Carrying a firearm in these areas violates federal gun laws regardless of Texas law.
The presence of a weapon on government buildings or polling places puts the case under federal authority.
Prohibited Person Status
A person banned from possessing a firearm under 18 U.S.C. § 922(g) becomes subject to federal prosecution. This includes individuals with a felony conviction, those with a history of mental illness, drug addiction, or dishonorable military discharge.
If a prohibited person is found with a firearm, it becomes a federal gun crime even if the incident took place on private property.
Connection to Drug Trafficking or Violent Crime
Federal law focuses heavily on gun crimes tied to drug trafficking or violent felonies. When a firearm is used during a drug-related offense, 18 U.S.C. § 924(c) applies. This creates mandatory minimum sentences and places the case in federal court.
Any use of a deadly weapon in the course of a violent crime or organized criminal activity can lead to federal charges.
Prior Felony Convictions and Repeat Offenses
Individuals with multiple prior convictions often face enhanced penalties under federal statutes like the Armed Career Criminal Act. Repeat offenders are more likely to be charged in federal court, where sentences are longer and parole is not available.
The more serious the criminal history, the more likely federal prosecutors will take the case.
The Legal Process in Federal Gun Crime Cases
Federal gun charges follow a strict legal process. Understanding each stage helps you prepare a stronger defense with your gun charges attorney.
Federal Arrest and Investigation
Most federal gun crime cases begin with an investigation by agencies like the ATF, FBI, or DEA. These agencies gather evidence related to illegal possession, unlawful transfer, or firearm use in drug trafficking. If probable cause exists, they arrest the suspect and file federal charges.
Law enforcement may use surveillance, informants, or search warrants. Any errors in this process can be challenged later in court.
Initial Appearance and Detention Hearing
After arrest, the suspect appears in federal court. A judge informs them of the charges and advises them of their right to legal counsel. If the offense involves a prohibited weapon or serious bodily injury, the prosecutor may request pretrial detention.
In many gun charges cases, the judge will decide if the person can be released or held until trial. Prior felony conviction, criminal history, and public safety concerns influence this decision.
Indictment by Grand Jury
Federal law requires serious charges to go through a grand jury. Prosecutors present evidence in a closed session. If the grand jury finds enough evidence, they issue an indictment. This officially starts the federal criminal case.
Gun crime charges often move forward quickly after an indictment. The defendant and their gun charges lawyer must begin preparing for trial immediately.
Pretrial Motions and Hearings
Before trial, both sides can file motions. A gun charges attorney may challenge the search or arrest, question witness credibility, or request that evidence be excluded. These pretrial actions can weaken the government’s case or lead to dismissal.
Common motions include suppression of unlawfully obtained firearms or dismissing charges not supported by facts.
Plea Agreement or Trial
Many federal gun charges are resolved through plea deals. Prosecutors may offer a reduced sentence in exchange for a guilty plea. If no agreement is reached, the case goes to trial in federal court.
During trial, prosecutors must prove guilt beyond a reasonable doubt. Defense strategy focuses on breaking down the government’s case and highlighting errors in evidence or procedure.
Sentencing and Federal Prison
If convicted, the judge applies federal sentencing guidelines. Mandatory minimum sentences apply in cases involving drug trafficking, serious bodily injury, or repeat offenses. The Armed Career Criminal Act often increases the minimum sentence to 15 years.
Unlike state convictions, federal sentences usually must be served in full. There is no parole in the federal system.
Legal Strategies for Defending Against Federal Gun Charges
Federal gun charges carry strict penalties. A focused defense strategy can reduce charges, protect your rights, or lead to a dismissal. Below are common legal strategies used by a gun charges attorney in federal court.
Challenging the Search or Seizure
A gun charges lawyer can question how law enforcement found the firearm. If officers searched your home, vehicle, or person without a valid warrant or probable cause, the court may exclude the evidence. This defense often applies in cases involving traffic stops, drug trafficking investigations, or arrests without a warrant.
The Fourth Amendment protects against unlawful searches. If a weapon was found illegally, the entire case may be dismissed.
Disputing Knowledge or Possession
Federal prosecutors must prove that you knowingly possessed the firearm. In some cases, the weapon may not belong to the accused or may not have been accessible. For example, if a firearm was in a shared vehicle or hidden, it may not meet the standard for knowing possession.
This strategy applies when there is no direct evidence linking you to the illegal firearm.
Questioning the Federal Jurisdiction
A gun charges attorney can examine whether the case qualifies for federal jurisdiction. If the firearm did not travel in interstate commerce or the incident happened on private property, the case may not belong in federal court.
Without a clear connection to federal law, the government may not have authority to prosecute.
Applying Texas Gun Laws to Support Lawful Carry
In some cases, possession may be lawful under Texas gun laws. For example, a person may legally carry a weapon on their own property or with a valid license. If state law supports your right to carry, this can be used to challenge the charge or reduce its severity.
Texas law allows certain firearm possession even for those with a prior Class A or Class C misdemeanor, depending on the facts.
Attacking the Credibility of Evidence or Witnesses
A gun charges lawyer may challenge witness statements, lab reports, or the handling of the firearm. If evidence is weak, incomplete, or based on unreliable sources, it can be discredited in court. Federal gun cases often rely on testimony from law enforcement or confidential informants, both of which can be questioned.
This approach helps raise reasonable doubt and can lead to acquittal.
Mitigating the Impact of Prior Convictions
When prior convictions trigger enhanced sentencing, the defense can challenge whether those convictions qualify. Not all prior felonies or violent crimes meet the definition under the Armed Career Criminal Act or other statutes. Reducing the number or severity of prior convictions can help avoid mandatory minimum sentences.
The defense can also present evidence of rehabilitation or low risk to public safety to reduce penalties.
Consult With an Experienced Gun Charges Attorney ASAP!
If you are facing federal gun charges, your next move matters. The penalties are severe, and the legal process is unforgiving. Our team at Cowboy Law Group has the experience to defend your rights and challenge the government’s case.
Contact us at 832-326-2932 for a free case consultation today!
