A federal firearm case in Irving, TX rarely stays confined to the gun itself. One allegation can trigger mandatory prison terms, add time to another sentence, put your firearms at risk of forfeiture, and affect your rights long after the case ends. ATF agents and the U.S. Attorney’s Office frequently pursue these charges as part of broader investigations involving drug trafficking, federal conspiracy, robbery, or violent crimes.
The government does not necessarily need evidence that you used a gun. Possessing a firearm, having access to one, buying one for someone else, providing false information during a purchase, or possessing certain unregistered weapons may be enough to support federal charges. A firearm allegation in Irving, TX can also add years or decades to the sentence imposed for another offense.
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Combs Waterkotte defends people in Irving, TX facing high-stakes federal investigations and prosecutions throughout the United States. Our Irving, TX federal criminal defense lawyers examine how the firearm was discovered, whether prosecutors can prove knowing possession, whether the weapon was connected to another alleged crime, and whether law enforcement violated your constitutional rights.
Maybe agents have already searched your property. Maybe someone close to you has been questioned. Maybe a target letter just landed in your hands. Whatever tipped you off, do not ignore it. Reach out to Combs Waterkotte or call (314) 900-HELP before speaking with investigators or making a move that cannot be undone.
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Facing Federal Criminal Charges? Why They’re Different and How to Win
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On this page, you will learn about:
- Why some gun cases are prosecuted federally instead of by the state
- How to respond if agents, subpoenas, or a target letter signal an investigation
- Possession, trafficking, straw purchase, NFA, and related firearm offenses
- The penalties that can be added to another federal sentence
- How prior convictions can trigger ACCA exposure
- When to bring in a federal firearm defense attorney
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What Makes a Gun Charge Federal?
A firearm arrest may start with local police, but that does not mean it will stay in state court. Federal prosecutors can take over when the allegations fall under the Gun Control Act, the National Firearms Act, or another federal criminal law. In some cases, state authorities hand the matter over because federal charges offer prosecutors a tougher sentencing path.
A gun case may draw federal attention when:
- A prohibited person allegedly possessed a gun or ammunition
- The weapon allegedly traveled in or affected interstate or foreign commerce
- The firearm was supposedly used, carried, or kept in connection with another federal crime
- The investigation concerns illegal sales, straw buyers, trafficking networks, or cross-border smuggling
- The gun falls into a specially regulated category under federal law
- Authorities discover a defaced or missing serial number
- The incident happened on federal property or during another federal investigation
- The government believes the weapon played a role in organized criminal activity
By the time a person learns about the investigation, agents may already have collected surveillance footage, phone records, social media posts, witness statements, firearm traces, and forensic evidence.
What to Do During a Federal Firearms Investigation in Irving, TX
You do not have to be arrested to need a federal defense attorney. By the time ATF agents contact you, execute a search warrant, or ask to speak with you, they may have already spent weeks or months building their case. What you do next can significantly affect the outcome.
If federal agents may be building a gun case against you:
- Stop talking and call a federal firearms lawyer in Irving, TX. You are not required to answer questions simply because an agent sounds friendly or says the conversation is informal. Your right to remain silent exists before an arrest, not just after one.
- Do not expand the search for them. If agents present a warrant, remain calm and do not obstruct them. However, you do not have to volunteer access to additional rooms, devices, vehicles, accounts, or property that the warrant does not cover.
- Save everything. Preserve purchase paperwork, receipts, messages, photographs, transfer records, emails, and anything else that may provide context. Deleting material can create a separate problem and may be portrayed as obstruction.
- Keep the case off the group chat. Do not post online, compare stories with witnesses, or discuss details over calls and text messages. The government may later obtain those communications.
- Bring in counsel early. A federal criminal defense attorney in Irving, TX can deal directly with investigators, assess your exposure, and help prevent avoidable damage before charges are filed.
Types of Federal Gun Charges in Irving, TX
Unlawful Firearm Possession Under 18 U.S.C. § 922(g)
A person may face a federal gun charge based on their legal status rather than how the firearm was allegedly used. Under 18 U.S.C. § 922(g), firearm and ammunition possession is prohibited for several categories of restricted persons.
People who may fall under § 922(g) include:
- Individuals with certain felony or felony-level convictions
- People accused of fleeing to avoid prosecution
- People considered unlawful users of illegal drugs or other controlled substances
- Individuals covered by certain domestic protection orders
- People convicted of qualifying misdemeanor domestic violence crimes
- Some noncitizens and former service members who received dishonorable discharges
These cases often turn on knowledge. Federal prosecutors generally must show that the defendant knowingly possessed the firearm or ammunition and was aware of the relevant status that placed them under the federal ban.
Federal firearm possession is commonly divided into two categories:
- Actual possession: The accused allegedly carried the firearm or had it physically on their body.
- Constructive possession: The accused allegedly knew where the gun was and had both the power and intent to exercise control over it.
Shared spaces create room for reasonable doubt. If the firearm was found in a jointly occupied apartment, another person’s car, a motel room, or an area open to multiple people, prosecutors still must tie the accused personally to the weapon.
Using, Carrying, or Possessing a Gun Under 18 U.S.C. § 924(c)
A firearm allegation can become its own criminal count when it is tied to certain drug or violent offenses. Under 18 U.S.C. § 924(c), prosecutors may charge a person with using or carrying a gun during a qualifying offense or possessing one to advance that offense.
The mandatory minimum sentence generally must be served consecutively to the sentence for the underlying offense:
- Five years or more when a firearm was possessed, used, or carried
- Seven years or more when the weapon was allegedly displayed or brandished
- Ten years or more when the gun was fired
- Substantially greater exposure for specially regulated firearms and devices
No shot needs to be fired for prosecutors to bring this charge. They may claim the firearm helped secure, protect, or advance the alleged operation because it was located close to:
- Controlled substances
- Large amounts of currency
- Baggies, scales, or packaging supplies
- Ledgers, customer lists, or distribution records
- Other items prosecutors associate with drug sales
The key fight may be over the connection between the person, the firearm, and the underlying offense. Defense counsel can challenge whether the accused knew the gun was there, had the ability to reach or control it, or possessed it to advance any criminal activity.
Buying a Firearm for Another Person
A straw purchase generally occurs when one person buys a firearm for someone else while falsely claiming to be the actual buyer. Charges may arise from statements made on ATF Form 4473 or under 18 U.S.C. § 932.
The government and defense may focus on:
- Whose money funded the transaction
- Who chose the specific gun
- What the purchaser intended when completing the sale
- Whether the weapon was bought as a legitimate gift
- Whether the buyer knew the recipient could not lawfully possess it
These cases leave a digital and documentary trail. Prosecutors may rely on Form 4473, receipts, cash transfers, text conversations, security footage, firearm tracing records, and interview statements to argue who the real buyer was.
Illegal Gun Trafficking
A gun sale does not need to happen in a back alley to draw a federal trafficking charge. Section 933 applies to certain firearm transfers, receipts, and transportation when the accused knew or had reason to believe the weapons would end up in illegal hands.
A trafficking investigation may involve guns that were:
- Purchased for prohibited persons
- Moved across state or international borders
- Sold to people involved in drug trafficking or violent crime
- Acquired through multiple straw purchasers
- Resold without a required license
- Smuggled into another country
When Private Gun Sales Become Federal Charges
A person regularly buying and selling guns as a business may be required to hold a federal firearms license. Selling a firearm from a personal collection once in a while is not automatically the same thing as operating as a dealer.
There is no single fact that settles the issue. Investigators may review:
- The number and frequency of sales
- How quickly firearms were resold after purchase
- Whether the accused advertised firearms for sale
- Customer communications and payment records
- Whether transactions were intended to produce a profit
- Whether the accused maintained firearm inventory
Federal Charges for False Firearm Purchase Statements
Under 18 U.S.C. § 922(a)(6), it is illegal to knowingly make a false statement to a federally licensed firearms dealer when that statement is material to the legality of the sale.
Alleged false statements may involve:
- The identity of the actual purchaser
- A prior criminal conviction
- Controlled substance use
- A domestic violence conviction or restraining order
- Immigration or citizenship status
- Residence or identification information
Possible defenses may focus on confusion, an ambiguous question, an honest mistake, or information that was not material to the transaction. The wording of the form and the accused person’s knowledge at the time can matter greatly.
Possession of a Firearm With an Altered or Obliterated Serial Number
When agents recover a firearm with a filed-down, scratched-off, or otherwise changed serial number, they may add another federal charge. Federal regulations prohibit certain conduct involving those firearms when the accused knew of the alteration.
The case may depend on questions such as:
- Whether the accused knew the serial number had been altered
- Whether the markings meet the statutory definition
- Whether forensic testing can recover the original number
- Whether the government can connect the accused to the firearm
A firearm with a removed or changed serial number may add another rung to the sentencing ladder through a federal guideline enhancement.
Homemade and Privately Assembled Firearms
Not every homemade firearm violates federal law. The legal trouble often comes from who possessed it, whether it was made or sold as part of a business, whether required markings were present, or whether the gun was tied to separate criminal conduct.
A privately made firearm case may turn on:
- The accused person’s legal ability to possess guns
- Whether the firearm was assembled lawfully
- Any later sale, transfer, or distribution
- Evidence of commercial manufacturing or dealing
- Missing, incomplete, or altered identifying marks
- An alleged connection to trafficking, drugs, or violent crime
A privately made firearm can also affect sentencing if prosecutors claim it lacked markings required by federal law.
Charges Involving Machine Guns, Silencers, and Short-Barreled Firearms
The National Firearms Act imposes registration, taxation, manufacturing, and transfer requirements on certain weapons and devices.
Weapons and devices commonly regulated by the NFA include:
- Automatic weapons
- Rifles and shotguns below specified barrel-length requirements
- Silencers or sound suppressors
- Destructive devices
- Modified firearms that meet an NFA definition
- Other specially classified weapons
Charges may involve possessing an unregistered weapon, illegally manufacturing or transferring one, or possessing a firearm with required identifying information removed. A conviction can carry up to 10 years in federal prison, fines, and forfeiture.
Penalties for Federal Gun Charges in Irving, TX
Federal firearm penalties depend on the specific statute, the type of weapon, the accused’s criminal history, whether another offense was involved, and how the United States Sentencing Guidelines apply.
| Federal Gun Offense | Maximum or Mandatory Penalty |
|---|---|
| Felon in possession or another prohibited-person offense | Ordinarily punishable by as much as 15 years; the Armed Career Criminal Act may require at least 15 years for qualifying defendants |
| A § 924(c) firearm charge tied to drug trafficking or a qualifying violent offense | Mandatory minimum of five years, seven years if brandished, or 10 years if discharged, generally served consecutively |
| Misrepresenting the true buyer of a firearm | As much as 15 years, with enhanced exposure of up to 25 years in qualifying aggravated cases |
| Federal gun trafficking under § 933 | As many as 15 years behind bars |
| Engaging in the business of firearm sales without federal licensing | Generally a five-year maximum term of imprisonment |
| Lying about material information during a federally regulated gun sale | As much as a decade in federal custody |
| Federal charges involving an altered firearm serial number | Up to five years in many cases, with further sentencing exposure through an enhancement |
| Offenses involving unregistered or unlawfully transferred NFA weapons | Up to 10 years in federal prison, fines, and firearm forfeiture |
| Unlawful possession, receipt, or transfer of a machine gun | A possible 10-year sentence on the machine gun charge alone, with more severe consequences if § 924(c) or another enhancement applies |
A statutory maximum does not tell you exactly what sentence the court will impose. Federal judges also consider the offense conduct, firearm characteristics, criminal history, mandatory sentencing laws, and the advisory range produced by the United States Sentencing Guidelines.
Federal sentences may also include:
- Large financial penalties
- A term of federal supervised release following incarceration
- Seizure and forfeiture of guns, ammunition, cash, vehicles, and other alleged proceeds or instrumentalities
- Permanent or long-term restrictions on possessing firearms
- Barriers involving jobs, housing opportunities, and professional credentials
- Removal, inadmissibility, or other immigration problems for noncitizens
A federal sentence is not typically cut short through parole. Although some prisoners can earn good-conduct credit, federal incarceration generally means serving the great majority of the term imposed.
How the Armed Career Criminal Act Can Increase a Gun Sentence
A standard felon-in-possession prosecution can take a drastic turn when prosecutors invoke the Armed Career Criminal Act. If the enhancement applies, the sentencing floor becomes 15 years in federal prison.
A § 922(g) defendant may face the enhancement when their record includes three prior offenses that satisfy ACCA’s federal definitions and were not all part of the same criminal occasion.
A conviction that sounds violent in ordinary conversation may still fail to qualify under federal law. These disputes often require a close reading of statutes, old court documents, and changing ACCA precedent.
Defense counsel may attack the enhancement by examining:
- Whether the statute of conviction is broader than ACCA’s federal definition
- Whether the government can prove the specific subsection or elements involved
- The timing, location, and relationship between the alleged prior offenses
- Vacatur, expungement, pardon, or other relief affecting a conviction
- Any restoration of civil and firearm rights
Because the ACCA creates a mandatory minimum sentence, resolving even one disputed prior conviction can make an enormous difference.
How Sentencing Enhancements Can Increase a Federal Gun Sentence
Even when no statutory mandatory minimum applies, the United States Sentencing Guidelines may significantly increase the recommended sentencing range.
The advisory guideline range may increase if the government proves factors such as:
- Multiple firearms
- Stolen firearms
- Firearms with altered, obliterated, or missing serial numbers
- Trafficking or transferring firearms to prohibited persons
- Possession of a machine gun, silencer, destructive device, or other NFA weapon
- Possession or use of a firearm in connection with another felony
- Reckless endangerment during flight
- A leadership or organizational role
- Obstruction of justice
Federal judges are not required to impose the guideline sentence, but they must begin by calculating it. A defense lawyer can object to enhancements, develop mitigation, seek a downward variance or departure, and explain why a shorter sentence is sufficient under the law.
When to Call a Federal Gun Defense Attorney
If ATF agents or federal prosecutors are looking at your case, early legal representation can matter. You do not have to wait until you are arrested, indicted, or standing in court before contacting an attorney.
Warning signs include:
- ATF, FBI, DEA, or another federal agency contacts you
- Agents arrive with a federal search warrant
- A subpoena is issued to someone connected to you
- Firearms, computers, phones, or business records are confiscated
- A federal target letter arrives
- An alleged accomplice or codefendant is taken into custody
- A state prosecution unexpectedly pauses or is dismissed
- You discover federal prosecutors have become involved
The earlier a defense attorney becomes involved, the more options may exist. Depending on the circumstances, counsel can handle communications with investigators, help avoid unnecessary interviews, identify constitutional issues, preserve evidence, assess the strength of the government’s case, and present mitigating information before prosecutors decide whether to seek an indictment.
Contact Combs Waterkotte About Federal Gun Charges in Irving, TX
When federal agents and prosecutors are building a gun case, you need counsel familiar with the system from both sides. Combs Waterkotte represents Irving, TX clients nationwide, and our attorneys include former prosecutors with firsthand knowledge of how federal cases are developed and litigated.
We approach every case with a trial-ready mindset, thoroughly examining the government’s evidence, challenging unlawful searches and seizures, scrutinizing witness credibility, and fighting unsupported sentencing enhancements.
Some cases should be resolved through negotiation. Others demand a courtroom fight. We prepare for both, so every decision is based on strategy rather than pressure.
High-stakes federal cases require more than surface-level review. Combs Waterkotte combines decades of criminal defense experience with a dedicated investigator and a team accustomed to defending serious charges from the first contact with agents through trial and post-conviction proceedings.
Do not wait for the government to make the next move. If you are facing a federal firearm investigation or charge, contact us online or call (314) 900-HELP to discuss your case with an experienced Irving, TX federal gun defense attorney.
