San Antonio Federal Gun Charges Lawyer

Federal gun charges can carry serious prison exposure, particularly when a firearm is alleged to be connected to drug trafficking, possessed by a prohibited person, obtained through a straw purchase, or involved in another federal offense.

These cases are often investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), FBI, DEA, HSI, or federal task forces and prosecuted by the United States Attorney’s Office.

Robert Almonte is a former federal prosecutor who now represents individuals facing federal firearms investigations and charges in San Antonio, throughout the Western District of Texas, and in federal courts across Texas and nationwide.

Federal firearms cases can turn on issues that are much more complicated than whether a gun was found. The government may still have to prove who possessed the firearm, whether the defendant knew of its presence, whether the defendant knew of a prohibited status when required by law, or whether there was a sufficient connection between the firearm and another federal crime.

The defense should begin by determining exactly what the government can prove—and how it obtained the evidence it intends to use.

Federal Firearms Charges in San Antonio and the Western District of Texas

Common federal gun charges and investigations include:

• Felon or prohibited person in possession of a firearm under 18 U.S.C. § 922(g)
• Possessing a firearm in furtherance of a drug-trafficking crime under 18 U.S.C. § 924(c)
• Using or carrying a firearm during and in relation to a drug-trafficking crime or crime of violence
• Straw purchases
• False statements during a firearm purchase
• Firearms trafficking
• Possession of stolen firearms
• Possession of certain prohibited or unregistered firearms
• Firearm allegations arising from federal drug investigations
• Firearm offenses discovered during the execution of search warrants
• Federal firearm sentencing enhancements

The consequences depend heavily on the particular statute, the defendant’s criminal history, the circumstances surrounding possession, and whether the government alleges that the firearm was connected to another federal offense.

Former Federal Prosecutor Defending Federal Firearms Cases

Before becoming a federal criminal defense lawyer, Robert Almonte served as an Assistant United States Attorney in the Western District of Texas, including in San Antonio, Austin, and El Paso.

That experience provides an important perspective when defending federal firearms cases.

A federal gun prosecution is rarely just about the firearm itself. Investigators and prosecutors may rely on search warrants, surveillance, photographs, cellphone evidence, social-media posts, statements from witnesses, fingerprints or DNA, purchase records, ATF tracing information, and statements made by the defendant.

The defense should independently evaluate that evidence rather than beginning with the assumption that because a firearm was recovered, the government’s case is complete.

Felon in Possession and Other Charges Under 18 U.S.C. § 922(g)

One of the most common federal firearms prosecutions is possession of a firearm or ammunition by a prohibited person under 18 U.S.C. § 922(g).

Section 922(g) applies to several categories of prohibited persons. Federal prosecutions commonly involve individuals with qualifying felony convictions, but the statute also covers certain other prohibited categories.

A standard § 922(g) conviction can carry a statutory maximum sentence of up to 15 years in federal prison, although sentencing exposure depends on the facts and the defendant’s history.

The government still must prove the elements of the offense beyond a reasonable doubt.

That can make the circumstances surrounding possession extremely important.

What Does the Government Have to Prove in a Felon-in-Possession Case?

In a typical § 922(g)(1) prosecution involving a prior felony conviction, the government generally must establish that the defendant knowingly possessed a firearm or ammunition and knew of the status that made possession unlawful, along with the required federal jurisdictional element.

The Supreme Court’s decision in Rehaif v. United States established that the government must prove the defendant knew of the relevant prohibited status.

The existence of a prior conviction therefore does not eliminate the government’s obligation to establish the required elements of the federal offense.

The defense should examine the defendant’s particular circumstances rather than treating every § 922(g) prosecution the same.

Actual Possession vs. Constructive Possession of a Firearm

One of the most important issues in many federal gun cases is possession.

The government does not necessarily need to prove that a firearm was physically in the defendant’s hand or clothing. Prosecutors may instead rely on a theory of constructive possession.

That becomes particularly important when a firearm is discovered in:

• A shared residence
• A bedroom used by multiple people
• A vehicle with multiple occupants
• A hotel room
• A garage or storage area
• A bag or container
• Another person’s property

The critical question is not simply whether agents found a gun.

The question is what evidence connects this particular defendant to that firearm.

Relevant issues can include:

• Where exactly was the firearm found?
• Who owned or controlled the location?
• Who had access to the room or container?
• Were the defendant’s belongings found near the firearm?
• Did another person claim ownership?
• Were fingerprints or DNA recovered?
• Is there cellphone, photographic, or video evidence?
• Did the defendant make any statements about the firearm?
• What did surveillance show before the search?
• Can investigators reliably identify the person they claim possessed the firearm?

Mere proximity to a firearm does not automatically establish knowing possession.

Federal Gun Charges and Drug Trafficking: 18 U.S.C. § 924(c)

A firearm allegation can dramatically change a federal drug prosecution.

Under 18 U.S.C. § 924(c), the government may bring a separate federal charge based on certain firearm conduct connected to a drug-trafficking crime or crime of violence.

A § 924(c) conviction can carry a substantial mandatory consecutive prison sentence, meaning the sentence is generally imposed in addition to the punishment for the underlying offense.

That makes § 924(c) one of the most consequential issues in many federal drug cases.

But finding a firearm during a drug investigation does not automatically establish a § 924(c) violation.

The government must prove the statutory connection between the firearm and the underlying offense.

Does a Gun Found Near Drugs Automatically Violate § 924(c)?

No.

The location of the firearm may be important evidence, but proximity alone does not eliminate the government’s burden of proof.

When prosecutors allege possession of a firearm in furtherance of a drug-trafficking crime, the defense should closely examine the alleged relationship between the firearm and the drug offense.

Relevant circumstances may include:

• Where the firearm was located
• Where the drugs were located
• Whether the firearm was loaded
• Whether it was readily accessible
• Who owned the firearm
• Whether the defendant knew the firearm was present
• Whether multiple people occupied the residence or vehicle
• Whether there is evidence that the firearm was intended to protect drugs, proceeds, or trafficking activity
• Whether the government can prove the defendant possessed the firearm at all

The distinction between a firearm merely being present and possession in furtherance of drug trafficking can be critical.

Federal Firearm Charges After a Search Warrant

Many federal firearms prosecutions begin with the execution of a search warrant.

Agents may enter a residence looking for drugs, records, electronic devices, or other evidence and discover firearms during the search.

The fact that officers obtained a warrant does not mean the Fourth Amendment analysis is over.

The defense should examine the warrant and supporting affidavit to determine:

• What established probable cause?
• Was there a sufficient nexus between the alleged crime and the location searched?
• Was information stale?
• Did investigators rely on confidential informants?
• Did surveillance actually establish what agents claimed?
• Were material facts omitted or misleading statements included?
• Did the warrant particularly describe the places to be searched and items to be seized?
• Did officers remain within the lawful scope of the warrant?

If the firearm was obtained through an unconstitutional search or seizure, the defense may seek suppression of the evidence.

Firearms Found During Traffic Stops

Federal gun prosecutions can also originate from traffic stops.

An officer may stop a vehicle for an alleged traffic violation and subsequently discover a firearm.

That does not automatically make the evidence admissible.

The defense should evaluate why the vehicle was stopped, whether the stop was unlawfully prolonged, whether officers had legal authority to search the vehicle, whether consent was voluntarily provided, and whether any detention or search complied with the Fourth Amendment.

Body-camera and dash-camera recordings can be particularly important.

The defense should compare what the video actually shows with what officers later wrote in their reports.

Straw Purchase and False Statement Firearm Investigations

Federal law regulates statements made in connection with firearm purchases from federally licensed firearms dealers.

A federal investigation may arise when ATF believes someone purchased a firearm for another person, made a false statement concerning the actual purchaser, or provided false information required in connection with the transaction.

These cases can involve:

• ATF Form 4473
• Firearm purchase records
• Text messages
• Financial transactions
• Surveillance
• Statements from the purchaser or recipient
• Firearm tracing information
• Multiple firearm purchases

A defense should focus on what was actually represented, the defendant’s knowledge and intent, and whether the government can prove the elements of the particular offense charged.

ATF Investigations

Not every ATF investigation begins with an arrest.

An individual may first learn of an investigation when an ATF agent calls, visits a home or business, requests an interview, executes a search warrant, or contacts another person about firearm purchases.

If ATF agents want to speak with you, the absence of an arrest does not necessarily mean you are merely a witness.

Before agreeing to a voluntary interview, an attorney can contact the agents or prosecutor, attempt to determine the nature of the investigation, and advise whether providing a statement is in your interests.

Statements made voluntarily to federal agents can later be used as evidence.

Should I Talk to ATF Agents?

Do not assume that explaining the situation will make the investigation disappear.

You generally have the right to decline a voluntary interview and speak with an attorney before deciding whether to answer questions.

That is particularly important when agents are asking about:

• Who owns a firearm
• Where a firearm came from
• Who purchased it
• Whether someone knew a firearm was present
• Prior convictions
• Drug activity
• Another person’s firearm purchases
• Statements made on ATF Form 4473

A seemingly simple answer can become important evidence in a later federal prosecution.

Cellphones, Social Media, and Digital Evidence

Federal firearm investigations increasingly involve digital evidence.

Investigators may seek search warrants for cellphones, social-media accounts, cloud storage, photographs, messages, and location information.

The government may attempt to use photographs of a person holding a firearm, text messages discussing guns, or social-media posts as evidence of possession.

But digital evidence still requires context.

Questions can include when a photograph was taken, where it was taken, whether the government can establish that the firearm depicted is the same firearm alleged in the indictment, who controlled the account or device, and whether the government’s interpretation of messages is accurate.

The defense should also examine whether investigators lawfully obtained the digital evidence.

Federal Firearm Sentencing

Federal firearm sentencing can become complicated quickly.

The court may consider the advisory United States Sentencing Guidelines, the defendant’s criminal history, the characteristics of the firearm, how the firearm was allegedly used, and whether it was connected to another offense.

Potential issues can include:

• The defendant’s prior convictions
• Number and type of firearms
• Whether a firearm was stolen
• Whether a firearm had an altered or obliterated serial number
• Alleged trafficking
• Possession in connection with another felony offense
• Firearms connected to drug trafficking
• Acceptance of responsibility
• The defendant’s role and conduct

The Presentence Investigation Report should be carefully reviewed.

Guideline enhancements should not simply be accepted because they appear in the PSR. The government bears applicable burdens, and factual or legal objections may significantly affect the advisory sentencing range.

The court must also consider the sentencing factors contained in 18 U.S.C. § 3553(a).

Firearm Enhancements in Federal Drug Cases

A defendant does not necessarily need to be charged under § 924(c) for a firearm to affect federal sentencing.

The Sentencing Guidelines may provide an enhancement when the government establishes the required relationship between a dangerous weapon and a drug offense.

That makes firearm issues important even when the indictment contains only drug charges.

The defense should examine who actually possessed the firearm, where it was discovered, its relationship to the alleged offense, and whether application of the proposed enhancement is supported by the evidence and the Guidelines.

Can You Get Bond on Federal Gun Charges?

Potentially.

Pretrial release in federal court is governed by the Bail Reform Act.

At a detention hearing, the judge considers whether conditions can reasonably assure the defendant’s appearance and the safety of the community.

Firearms allegations can significantly affect that analysis, particularly when the government claims the firearm was connected to drug trafficking or violence.

The defense may present evidence concerning family and community ties, employment, criminal history, the nature of the alleged conduct, weaknesses in the government’s evidence, proposed third-party custodians, location monitoring, firearm restrictions, travel restrictions, and other conditions of release.

A detention hearing occurs very early in the federal process. Preparation should begin immediately.

What Should I Do If Federal Agents Find a Gun During a Search?

Do not physically interfere with the search.

You also do not need to use the search as an opportunity to explain who owns the firearm, how it got there, or why it is present.

Those statements can become evidence.

Preserve any search warrant, property inventory, receipt, or business card agents provide and contact a federal criminal defense lawyer promptly.

The defense can then evaluate both the legality of the search and whether the evidence actually establishes knowing possession of the firearm.

Frequently Asked Questions About Federal Gun Charges

What is the federal penalty for felon in possession of a firearm?

A standard violation of 18 U.S.C. § 922(g) can carry up to 15 years in federal prison. The actual sentencing exposure depends on the defendant’s criminal history, facts of the offense, applicable Sentencing Guidelines, and other statutory considerations.

Can I be federally charged if the gun belongs to someone else?

Potentially. Ownership and possession are different legal concepts. Federal prosecutors may attempt to establish constructive possession even when the firearm is registered to or owned by another person. The evidence connecting the defendant to the firearm becomes critical.

Can everyone in a car be charged if police find one gun?

The presence of multiple occupants does not automatically establish that every person knowingly possessed the firearm. Prosecutors need evidence supporting possession by the particular defendant.

What happens if federal agents find guns and drugs together?

The government may investigate whether the firearm was connected to drug trafficking. Depending on the evidence, prosecutors may consider a separate § 924(c) charge or seek a firearm enhancement under the Sentencing Guidelines.

Does a gun next to drugs automatically mean five extra years?

No. The government must establish the requirements of the particular statute or sentencing provision it seeks to apply. A § 924(c) conviction can carry a mandatory consecutive sentence, but the discovery of drugs and a firearm in the same general location does not automatically establish the offense.

Can a federal gun charge be dismissed if the firearm was found during an illegal search?

Evidence obtained in violation of the Fourth Amendment may potentially be suppressed. Whether suppression is available depends on the facts surrounding the stop, search, warrant, and seizure.

Should I speak with ATF if I haven’t been charged?

Not before obtaining legal advice. You may be a witness, subject, or target of an investigation. An attorney can contact investigators before you decide whether voluntarily providing a statement is advisable.

Federal Firearms Defense in San Antonio and Across Texas

Federal firearms prosecutions require a defense strategy designed for federal court.

Robert Almonte represents individuals facing ATF investigations, federal gun charges, felon-in-possession allegations, § 924(c) charges, firearm allegations connected to drug trafficking, search-warrant litigation, detention hearings, and federal sentencing.

As a former Assistant United States Attorney, he brings experience from both sides of the federal criminal justice system when evaluating how investigators obtained their evidence, what prosecutors must prove, and where the government’s case may be challenged.

Almonte Law is based in San Antonio and represents clients in the Western District of Texas, throughout Texas, and in federal courts nationwide when appropriate.

If you have been contacted by ATF or another federal agency, have been the subject of a search warrant, or have been charged with a federal firearms offense, contact Almonte Law to discuss your case.