Federal Firearms Charges in Texas

Federal Gun Defense in the Western & Southern Districts of Texas

Federal firearms charges are among the most serious criminal allegations a person can face—especially when prosecuted in Texas federal courts, including the Western District of Texas and the Southern District of Texas. Unlike state gun offenses, federal firearms charges often carry mandatory minimum sentences, lengthy prison exposure, and lifelong consequences.

If you or a loved one is under investigation or has been charged with a federal gun crime, early legal intervention is critical. Federal prosecutors move quickly, and mistakes made at the start of a case can permanently damage a defense.

At Almonte Law, I represent individuals facing federal firearms charges throughout Texas, including cases filed in the Western and Southern Districts of Texas. Below is a detailed overview of common federal firearms offenses, penalties, and defense strategies.

What Are Federal Firearms Charges in Texas?

Federal firearms charges arise when the U.S. government alleges a violation of federal gun laws, most commonly under Title 18 of the United States Code. In Texas, these cases are prosecuted in federal court by the U.S. Attorney’s Office and investigated by agencies such as:

• Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
• Federal Bureau of Investigation (FBI)
• Drug Enforcement Administration (DEA)

Federal gun cases often involve allegations that:

• Cross state lines
• Involve prohibited persons
• Are connected to drug trafficking or violent crimes

Common Federal Firearms Charges & Applicable Statutes

Federal firearms prosecutions frequently involve multiple overlapping statutes, each with distinct legal elements the government must prove.

1. Felon in Possession of a Firearm or Ammunition

18 U.S.C. § 922(g)

This charge applies when a person prohibited under federal law knowingly possesses a firearm or ammunition. Prohibited persons may include:

• Convicted felons
• Individuals with qualifying domestic violence convictions
• Persons subject to protective orders
• Certain unlawful users of controlled substances

Penalties:

• Up to 15 years in federal prison
• Significantly higher exposure under the Armed Career Criminal Act (ACCA) in qualifying cases

2. Possession of a Firearm in Furtherance of a Drug Trafficking Crime or Crime of Violence

18 U.S.C. § 924(c)

This statute applies when a firearm is possessed, brandished, or discharged in connection with a qualifying federal offense.

Mandatory consecutive minimum sentences:

• 5 years – possession
• 7 years – brandishing
• 10 years – discharge

These sentences must run consecutively, dramatically increasing total prison exposure.

3. Firearms Trafficking

18 U.S.C. § 933

Firearms trafficking charges involve knowingly transferring or transporting firearms while knowing—or having reason to know—they will be used in a felony or transferred to prohibited individuals.

These cases often involve:

• Straw purchases
• Bulk firearm acquisitions
• Interstate firearm transport

Penalties:

• Up to 15 years in federal prison, with enhancements for multiple firearms or organized activity

4. Illegal Dealing, Sale, or Transfer of Firearms

18 U.S.C. §§ 922(a), 922(d), 922(x)

Federal law strictly regulates who may lawfully sell or transfer firearms. Charges commonly involve:

• Selling firearms without a federal firearms license (FFL)
• Straw purchases
• Unlawful interstate transfers

5. Possession of Unregistered or Prohibited Firearms (NFA Violations)

26 U.S.C. §§ 5861, 5871

The National Firearms Act (NFA) regulates weapons such as:

• Machine guns
• Short-barreled rifles or shotguns
• Suppressors
• Destructive devices

Possession without proper registration can result in serious federal felony charges and substantial prison time.

Penalties for Federal Firearms Convictions

A federal firearms conviction can result in:

• Lengthy federal prison sentences
• Mandatory minimum penalties
• Substantial fines
• Permanent loss of firearm rights
• A lifelong federal felony record

Sentencing is influenced by the Federal Sentencing Guidelines, prior criminal history, and whether the firearm is tied to another alleged offense.

Why Federal Firearms Cases Are Different

Federal gun cases are not handled like state firearm charges. They involve:

• Federal investigators and prosecutors
• Complex constitutional and evidentiary issues
• Strict procedural rules
• Aggressive prosecution strategies

Speaking to federal agents without counsel is one of the most damaging mistakes a person can make.

How Almonte Law Defends Federal Firearms Cases

At Almonte Law, we provide aggressive, strategic defense for individuals facing federal firearms charges, including:

• Challenging unlawful searches and seizures
• Contesting possession allegations
• Analyzing whether a client qualifies as a prohibited person
• Fighting sentencing enhancements and mandatory minimums
• Negotiating with federal prosecutors when appropriate

Every federal firearms case requires early, detail-oriented defense.

What to Do If You Are Under Federal Firearms Investigation

If you believe you are under investigation or have been charged:

1. Do not speak to law enforcement without an attorney
2. Preserve any relevant evidence
3. Contact an experienced federal firearms defense lawyer immediately

Early intervention can sometimes prevent charges—or significantly reduce exposure.

Federal Firearms Defense Throughout Texas

While federal cases are venue-specific, Almonte Law provides statewide federal criminal defense throughout Texas. Federal law is uniform nationwide, and our defense strategies are tailored to federal courts across the state.

Federal Firearms Charges – Western District of Texas

Federal firearms cases in the Western District of Texas may be prosecuted in:

Austin • San Antonio • Waco • El Paso • Del Rio • Midland–Odessa

We defend Western District cases involving:

• Felon in possession charges
• Firearms connected to drug investigations
• NFA-regulated weapons
• Federal gun charges arising from traffic stops or searches

Federal Firearms Charges – Southern District of Texas

The Southern District of Texas is one of the busiest federal districts in the country, with courts in:

Houston • Galveston • Corpus Christi • McAllen • Brownsville • Victoria • Laredo

These cases frequently involve multi-agency narcotics investigations and firearm enhancements under 18 U.S.C. § 924(c).

Speak With a Federal Firearms Defense Attorney Today

Federal firearms charges are serious—but you do not have to face them alone.
Almonte Law provides experienced, aggressive defense for federal gun cases throughout Texas.

Contact Almonte Law, federal defense attorney, today to schedule a confidential consultation and protect your rights.

Federal Firearms Charges FAQ

What is federal firearms trafficking under 18 U.S.C. § 933?
It involves transferring or transporting firearms while knowing or having reason to believe they will be used in a felony or possessed by prohibited persons.

What courts handle federal gun charges in Texas?
Most cases are prosecuted in the Western District of Texas or the Southern District of Texas.

What is the penalty for felon in possession in federal court?
Up to 15 years in prison, with higher exposure under ACCA enhancements.

Are federal firearms sentences mandatory?
Many are—especially under 18 U.S.C. § 924(c), which requires consecutive sentences.

Should I speak to ATF or federal agents without a lawyer?
No. Never speak to federal agents without qualified legal counsel present.