Insights on Gun Laws and Federal Regulations

When it comes to gun ownership in Texas, the state’s laws might seem straightforward, especially given its strong stance on gun rights. But when federal regulations come into play, the landscape becomes more complex. Federal gun laws apply nationwide, regardless of how lenient state laws may be. These federal rules cover everything from who can own a firearm to where guns can be carried and what types are allowed. Violating federal gun laws can lead to serious penalties, making it essential to understand these laws if you’re a gun owner in Texas.

In this post, we’ll explore common federal gun-related crimes Texans face, the penalties they carry, and some defense strategies if you’re ever charged with violating federal gun laws.

What Are Federal Gun Charges?

Federal gun charges arise when someone violates federal laws related to firearms. Unlike state laws, which vary widely, federal regulations are enforced across all states, including Texas. This means that actions like convicted felons possessing a firearm can lead to serious federal charges, regardless of state laws.

Federal gun charges often fall under statutes like 18 U.S.C. § 922 and 18 U.S.C. § 924. These laws outline various federal firearms crimes and their associated penalties. Texas gun owners must be aware of these, as violating federal law can result in harsh consequences.

Types of Federal Firearms Charges and Penalties

1. Prohibited Persons

Federal law restricts certain individuals from possessing or purchasing firearms, regardless of more lenient state laws. These restrictions, under 18 U.S.C. § 922(g), apply to:

• Convicted felons
• Drug users
• Illegal aliens
• Domestic violence offenders
• Fugitives

Penalties:

• Possession of a Firearm or Ammunition by a Prohibited Person: up to 10 years in federal prison.
• Enhanced Penalty (for offenders with 3+ violent felonies or drug trafficking convictions): A mandatory minimum of 15 years without parole.
• Selling or Transferring Firearms to a Prohibited Person: up to 10 years in prison.

2. Possession of Firearms in Restricted Areas

Certain places in Texas fall under federal jurisdiction when it comes to gun possession. These include:

• School Zones: Under the Gun-Free School Zones Act, carrying a firearm within 1,000 feet of a school is illegal unless you have a state-issued license. Violations can lead to up to 5 years in federal prison.
• Federal Buildings and Property: Carrying firearms in federal courthouses, post offices, or other federal properties is prohibited under federal law (18 U.S.C. § 930), regardless of Texas’s more lenient carry laws.

3. Interstate Firearm Sales and Transfers

Federal law mandates that all firearm sales or transfers across state lines, including private sales, must go through a licensed dealer. Selling firearms without a Federal Firearms License (FFL) can lead to severe penalties.

Penalties:

• Engaging in sales across state lines without an FFL: Up to 5 years in federal prison.

4. Restricted Firearms

Federal law outright bans certain firearms, even if Texas laws are more lenient. These include:

• Fully automatic weapons
• Silencers or suppressors
• Short-barred rifles and shotguns
• Explosives or destructive devices (e.g., grenades)

Penalties:

• Possession or sale of these restricted weapons: up to 10 years in prison.

5. Transfer of Firearms to Minors

Federal law prohibits licensed gun dealers from selling firearms or ammunition to individuals under 18. Additionally, selling handguns or handgun ammunition to anyone under 21 is also illegal.

Penalties:

• Violating this law can lead to up to 1 year in prison or up to 10 years if the minor commits a violent crime with the gun.

Defending Against Federal Gun Charges

Being charged with a federal gun crime is serious, but there are defenses available depending on your case. Some common defense strategies include:

1. Illegal Search and Seizure: If the evidence against you was obtained through an illegal search, your attorney can seek to have that evidence suppressed.
2. Lack of Knowledge: Arguing that you were unaware of possessing a firearm may be a valid defense if you genuinely didn’t know.
3. Mistaken Identity: If you’ve been wrongly accused or there’s insufficient evidence linking you to the firearm, this defense can play a crucial role in your case.
4. Self-Defense: In certain cases, proving that the firearm was used in self-defense may reduce or negate the charges against you.

Arrested? Don’t Plea, Call Me!

Federal gun laws are complex, and the consequences of a conviction are severe. If you’re facing federal gun charges, don’t gamble with your future. Contact the Texas Criminal Defense Group today for experienced legal representation. We’ll help you understand your rights, develop a strong defense, and fight for the best possible outcome. When your freedom is on the line, take immediate action—reach out to us now.