When federal prosecutors add a gun charge in Texas, the stakes can climb fast. A case that was already serious may suddenly carry mandatory incarceration, consecutive sentencing, property forfeiture, and permanent limits on firearm ownership. These prosecutions are often built by the ATF and the U.S. Attorney’s Office alongside allegations of federal drug crimes, conspiracy, robbery, or violent conduct.
Federal prosecutors do not always need to prove that a weapon was fired, brandished, or even carried. A case may rest on alleged possession, access to a firearm, a purchase made for another person, inaccurate information on federal paperwork, or the ownership of a regulated weapon. In Texas, those allegations can substantially increase the punishment tied to a separate federal offense.
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Combs Waterkotte defends people in Texas facing high-stakes federal investigations and prosecutions throughout the United States. Our Texas 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.
Federal cases often take shape quietly, long before charges appear on a docket. If you have been arrested, contacted by ATF, warned that you are under investigation, or received a target letter, call (314) 900-HELP or contact our firm online. The earlier the defense gets involved, the more room there may be to influence what comes next.
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This guide addresses:
- What gives the federal government authority over a firearm case
- What not to do when you learn you are under investigation
- Which federal gun charges prosecutors commonly file
- How consecutive sentences and enhancements can increase prison exposure
- Why the Armed Career Criminal Act can change the entire case
- How a federal gun charges lawyer can intervene
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When Does a Firearm Case Become Federal?
Not every federal gun case begins with federal agents at the door. Many start as ordinary state arrests before a task force or U.S. Attorney’s Office steps in. That can happen when the alleged conduct fits a federal offense under the Gun Control Act, the National Firearms Act, or another federal firearms law. Once that happens, the case moves onto a very different playing field.
Federal jurisdiction may arise when:
- The firearm crossed state lines or otherwise moved through interstate commerce
- The person accused falls within a federally prohibited category
- The gun was allegedly connected to drug trafficking or a violent offense
- Investigators suspect straw purchases, illegal dealing, smuggling, or trafficking
- The weapon is regulated under federal law, such as a machine gun, suppressor, short-barreled firearm, or destructive device
- The serial number was allegedly altered, removed, or obliterated
- The conduct occurred on federal land or drew the attention of a federal task force
- Agents claim the firearm was tied to a gang, criminal organization, or broader conspiracy
The first sign of trouble may come late in the investigation. Agents may already have traced the gun, interviewed witnesses, reviewed online activity, pulled phone data, and gathered physical evidence before the accused knows federal prosecutors are involved.
What Should You Do If You’re Under Investigation for a Federal Gun Crime in Texas?
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.
Protect yourself by doing the following:
- Do not speak with federal agents without a federal firearms attorney in Texas. You have the right to remain silent. Even truthful statements can be misunderstood or used against you later.
- Do not consent to additional searches. If agents have a warrant, do not interfere, but you are not required to give permission for searches beyond the warrant’s scope.
- Preserve potential evidence. Keep text messages, emails, receipts, firearm purchase records, photographs, and other documents that may help explain what happened. Do not delete or destroy anything.
- Avoid discussing the investigation with others. Phone calls, text messages, emails, and social media posts can become evidence. Conversations with friends, family members, or potential witnesses may also be scrutinized.
- Contact a federal criminal defense lawyer in Texas immediately. Early representation can protect your rights, prevent unnecessary mistakes, and allow your attorney to communicate with investigators on your behalf.
Common Federal Gun Charges in Texas
Felon in Possession of a Firearm
Federal law does not limit unlawful-possession charges to people with felony convictions. 18 U.S.C. § 922(g) identifies several groups of people who may not legally possess a firearm or ammunition.
A person may be legally barred from possessing a gun or ammunition because of:
- A criminal record involving an offense punishable by more than one year
- An active fugitive status
- Alleged unlawful controlled-substance use
- Certain restraining orders involving an intimate partner or child
- A qualifying domestic violence conviction
- Particular immigration classifications or a dishonorable military discharge
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.
The government may try to prove possession in either of two ways:
- Direct or actual possession: Agents or officers claim the weapon was in the person’s hand, pocket, waistband, bag, or immediate physical custody.
- Constructive possession: Prosecutors claim the person was not holding the gun but knew it was present and could control what happened to it.
A gun found under the same roof is not automatically possessed by everyone inside. When several people use the home, vehicle, room, or container where the weapon was recovered, the government’s control-and-knowledge theory may be open to challenge.
Firearm Charges Connected to Drug Trafficking or Violent Crime
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.
Because these penalties are typically consecutive, the firearm count can add the following time after the sentence for the underlying crime:
- Possession, use, or carrying: A minimum of five years
- Brandishing: A minimum of seven years
- Discharging the firearm: A minimum of 10 years
- Machine guns, silencers, or destructive devices: Potentially much higher mandatory minimums
A § 924(c) theory may rest entirely on where the gun was found. The government often argues that proximity to the following items shows the firearm was kept to further the alleged crime:
- 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.
False Actual-Buyer Allegations
A lawful-looking retail purchase can become a federal case when agents believe the named buyer was only standing in for another person. These straw purchase investigations often center on what the buyer intended and what they reported on Form 4473. Prosecutors may also rely on 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
The government will often try to reconstruct the transaction from beginning to end. That may involve reviewing texts, reimbursements, store footage, purchase documents, online messages, and statements made after the sale.
Illegal Gun Trafficking
Under 18 U.S.C. § 933, federal prosecutors may pursue trafficking charges when they believe someone knowingly moved, received, or transferred firearms headed for unlawful possession or use.
Firearms trafficking allegations may involve weapons that were:
- Supplying guns to prohibited recipients
- Moving firearms across state lines as part of a broader operation
- Providing weapons for alleged drug trafficking or violent conduct
- Using several purchasers to avoid detection
- Operating what prosecutors view as an unlicensed resale business
- Sending firearms outside the United States unlawfully
Selling Guns Without a Federal Firearms License
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:
- How many firearms were sold and how often sales occurred
- Whether guns were purchased and quickly resold
- Online listings, advertisements, or social media offers
- Messages with prospective buyers and records of payment
- Whether the person expected to earn money from the transactions
- Whether firearms were kept on hand for future customers
Lying on a Federal Firearm Purchase Form
A mistake on firearm paperwork is not necessarily a federal crime. Under 18 U.S.C. § 922(a)(6), the government must generally show that the accused knowingly provided false information about something that mattered to the dealer’s decision.
Examples of information prosecutors may claim was falsified include:
- The actual transferee or intended recipient
- Felony or other prohibiting convictions
- Unlawful drug use
- Domestic violence history or court orders
- Nationality and immigration status
- Personal identification and residence information
A discrepancy is not the end of the story. Defense counsel may argue that the accused misunderstood the question, relied on incorrect information, did not knowingly lie, or gave an answer that did not affect whether the firearm could be sold.
Possessing a Gun With a Removed Serial Number
Federal law restricts the knowing possession, receipt, or transportation of certain firearms whose serial numbers have been changed, removed, or made unreadable. The relevant regulation appears at 27 CFR § 478.34.
The case may depend on questions such as:
- How obvious the serial number damage was
- Whether the markings remained readable
- Whether forensic specialists can restore or identify the number
- Whose fingerprints, DNA, or other evidence connect the weapon to
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
Building or assembling a gun for personal use does not, by itself, automatically make the firearm illegal. Federal problems involving a privately made firearm usually depend on the person involved, the weapon’s configuration, and what happened after it was made.
Investigators may focus on:
- Who possessed the firearm
- How it was manufactured
- Whether it was transferred or sold
- Whether the accused was acting as a firearms manufacturer or dealer
- Whether required markings were missing
- Whether the firearm was connected to other illegal conduct
Sentencing enhancements may also apply in some cases involving firearms without required serial numbers.
National Firearms Act Violations
The NFA creates a separate federal framework for weapons lawmakers placed under heightened regulation. Compliance may involve registration, tax payments, transfer approval, and manufacturing rules.
The Act covers categories such as:
- 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.
Federal Firearm Sentences in Texas
Two people charged with firearm offenses may face very different outcomes. Federal sentencing depends on what prosecutors can prove, which statute applies, whether the law requires consecutive time, the accused’s criminal history, and how the court calculates the advisory guideline range.
| Federal Firearm Charge | Potential Prison Exposure |
|---|---|
| Unlawful firearm possession by a prohibited person under § 922(g) | Up to 15 years in many cases, with a 15-year mandatory floor when ACCA applies |
| Firearm possession or use connected to a drug trafficking crime or crime of violence | Mandatory minimum of five years, seven years if brandished, or 10 years if discharged, generally served consecutively |
| Straw purchasing under 18 U.S.C. § 932 | A maximum of 15 years in ordinary cases, potentially rising to 25 years when the weapon is believed destined for certain serious offenses |
| Firearms trafficking under 18 U.S.C. § 933 | Federal imprisonment for up to 15 years |
| Dealing firearms without a required federal license | Typically punishable by up to five years |
| False statements on firearm purchase paperwork | A maximum sentence of 10 years |
| Receiving, transporting, or possessing a firearm with defaced identifying marks | Typically punishable by as much as five years, and the serial-number issue may also raise the guideline range |
| National Firearms Act violations | Potentially a decade in federal custody, plus monetary penalties and seizure of the firearm |
| Possessing or transferring a prohibited automatic weapon | 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.
Additional penalties and long-term consequences may 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
The number announced in court matters. Federal prisoners do not have access to conventional parole, and good-time reductions are limited, so the sentence served is usually close to the sentence ordered.
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.
ACCA may apply to a person convicted under 18 U.S.C. § 922(g) who has three qualifying prior convictions involving violent felonies, serious drug crimes, or some combination of the two, so long as the offenses occurred on different occasions.
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.
A Texas federal firearms attorney may dispute:
- Whether the prior offense meets the federal definition
- Whether the conviction records establish the required elements
- Whether multiple offenses occurred on different occasions
- Whether a conviction was vacated, expunged, or otherwise invalid
- Whether the accused’s civil rights had been restored
An ACCA case can hinge on a single prior offense. If one conviction does not qualify, the mandatory minimum may no longer apply, potentially removing years from the defendant’s exposure.
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:
- Possessing numerous firearms
- Guns reported stolen
- Removed, altered, or unreadable serial numbers
- Supplying firearms to prohibited individuals or trafficking activity
- Machine guns, suppressors, destructive devices, or other NFA-regulated weapons
- Using or possessing a firearm during another felony offense
- Dangerous conduct while attempting to flee law enforcement
- Directing or organizing other participants
- Acts prosecutors characterize as obstruction
The advisory guideline range is only one part of the sentencing decision, but it carries significant weight. Defense counsel may dispute factual allegations, challenge the legal basis for enhancements, present mitigating information, and advocate for a sentence below the recommended range.
When Should You Hire a Federal Gun Charges Lawyer in Texas?
You should contact a federal defense lawyer in Texas as soon as you believe an investigation may involve you. You do not need to wait for an arrest or indictment.
Common signs that federal authorities may be building a case 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 Texas
When federal agents and prosecutors are building a gun case, you need counsel familiar with the system from both sides. Combs Waterkotte represents Texas clients nationwide, and our attorneys include former prosecutors with firsthand knowledge of how federal cases are developed and litigated.
Every case is prepared with the possibility of trial in mind. We examine the government’s evidence piece by piece, challenge illegal searches, test the reliability of witnesses, and oppose sentencing enhancements that the facts or law do not support.
If a negotiated resolution serves your interests, we pursue it with leverage built through preparation. If the government will not offer a fair outcome, we are ready to litigate the case in court.
Our firm brings decades of combined defense experience, an in-house investigator, and a history of handling severe state and federal allegations. We have the personnel and resources to defend firearm cases at every stage, including investigation, indictment, trial, sentencing, and appeal.
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 Texas federal gun defense attorney.
