Houston Federal Firearm Lawyer

Houston Federal Firearm Attorney

Despite Texas’s reputation for being very pro-gun, there are still significant laws in place that prohibit certain people from owning guns or transporting guns without the proper licensing. Federal crimes are prosecuted differently than state crimes, and that can have serious negative impacts on your life, your future, and your freedom. If you find yourself facing a federal weapons charge, you should contact a Houston federal firearm lawyer.

Federal Firearm Offenses and Penalties

Federal firearm offenses remain some of the most common federal crimes that are prosecuted and sentenced. Many people who were convicted of federal firearm offenses were already prohibited from carrying a firearm in the first place. In the United States, you cannot legally carry a firearm if you meet any of the following criteria:

• You are a previously convicted felon.
• You are a fugitive from justice.
• You are knowingly addicted to a controlled substance.
• You have been committed to a mental asylum or have been diagnosed as mentally ill.
• You have been dishonorably discharged from the military.
• You are a noncitizen of the United States.
• You have a restraining order against you for domestic violence.
• You have renounced your United States citizenship.

If you are convicted of a federal firearms offense, you could face substantial penalties for various crimes. If you possess a prohibited firearm, you could face 10 years in prison and a fine of up to $250,000. If you possess a firearm with an altered or missing serial number, you could face five years in prison and a fine of up to $250,000. If you possess a firearm in a drug-related crime, you could be looking at life in prison if the case is particularly heinous.

These are just a few of the potential penalties you could face for firearms charges, and depending on the circumstances of your charges, the penalties could be severe. Protecting you from such instances relies on the defense provided by a federal firearms attorney.

Defenses Against a Federal Firearm Offense

If you are arrested for a federal firearm offense in Houston, TX, you may be worried that your options for a defense are limited. Before you say anything to the police, however, you should reach out to a federal firearms lawyer who can reassure you that you always have options to fight your charges. Here are some of the possible defenses that your lawyer may decide to use in your case:

• Legal firearms usage. One of the most basic defenses your lawyer may try to use is that you are legally allowed to possess a firearm and are simply exercising your Second Amendment right to bear arms. Unfortunately, improper handling of guns by others adds to the difficulties that police face, leading to panic or misinterpretation of the law. An attorney may argue that you did nothing wrong and did not deserve to be arrested.
• License to carry. If you were arrested for a concealed weapons charge, you may be able to simply show that you are indeed licensed to carry a concealed weapon. If you have a license to import or sell firearms, you should show that as well. If you have all the proper paperwork and it is properly updated, it may be enough to have the charges against you completely dropped.
• Lack of possession. If you are arrested for transporting firearms across state lines without a license, your lawyer may decide to show that there is no way to prove you ever actually possessed the firearms yourself. If there is nothing to physically tie you to the possession of the firearms, it may be difficult for the prosecution to prove your involvement.

FAQs

What Makes a Gun Charge Federal?

A gun charge can become federal when the charge involves the crossing of state lines or when the person possessing the firearm is federally prohibited from owning a gun. Once a crime has crossed into another state, it can become the automatic territory of federal investigative agencies like the FBI, DEA, or ATF. In addition, if a convicted felon attempts to possess a firearm, the case can grow quickly into a federal matter.

What Are the Chances of Beating a Federal Case?

The chances of beating a federal case for a firearm offense are very low. Nearly all federal criminal cases end in either a conviction in court or a guilty plea. Very few are dismissed due to lack of evidence or beaten by a defense attorney. If your case becomes federal, you may not have a lot of options left but to accept a plea deal or fight the charge in court. There are no guarantees at that point.

What Are the Federal Firearm Sentencing Guidelines?

The federal firearm sentencing guidelines help determine a specific range of punishment that is based on the specific details of the case at hand. These details include the type of firearm involved in the case, how the firearm was used, the number of offenses that were committed, and any prior convictions the perpetrator in question has on their record. Depending on your case, you could be looking at substantial prison time and a large fine.

Do the Feds Ever Drop a Case?

Yes, federal agencies have been known to drop a case in the past. The primary reason for dropping a federal case would be a lack of substantial evidence. If a case, however, has come so far that it warrants federal investigation, then there is a likely chance that the evidence is already overwhelming. Other reasons for dropping a case could be illegally obtained evidence, technical errors, and various plea agreements that could result in some charges being dropped, but not all.

Contact Our Houston Federal Firearm Lawyer

Facing federal charges is never easy, and it can feel overwhelming to go up against a federal agency like the FBI or ATF. Depending on your case, you may feel like you are out of options. An experienced firearms offense lawyer can help you figure out your next steps and determine if you have a possible defense strategy you may be able to use.

The legal team at The Law Offices of Richard Kuniansky can help you build out your case, gather evidence that defends you, and represent your interests in a court of law if it comes to that. Contact us to schedule a consultation with a team member today.