Gun and weapon trafficking charges bring harsh federal penalties. Fight back with experienced defense.
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Houston Weapon Trafficking Defense Lawyer
Houston ranks among the nation’s primary sources of crime guns—between 2017 and 2021, it was second only to Chicago in the number of firearms traced nationally by ATF to criminal use. Just weeks ago, federal prosecutors in Houston connected suspects in a deadly bar shooting to a larger gun-trafficking and drug conspiracy tied to the Anti-Tren gang. These developments highlight how aggressively state and federal authorities pursue such cases, making it crucial to have an experienced Houston weapon trafficking lawyer on your side. In this high-stakes environment, Juan L. Guerra Jr. & Associates provide trusted legal defense for individuals accused of firearm and weapon trafficking offenses.
What to Do After a Weapon Trafficking Charge in Houston
Being charged with weapon trafficking in Houston is a serious federal offense that can lead to decades in prison, steep fines, and a permanent federal criminal record. Quick action is crucial to protect your rights and freedom:
- Contact a Lawyer Immediately
A Houston attorney experienced in federal firearm laws can start building your defense, challenge evidence, and represent you in court.
- Do Not Speak to Law Enforcement Without Counsel
Federal investigators and ATF agents will use your statements against you. Let your weapon trafficking attorney handle all communications.
- Gather and Preserve Relevant Evidence
Provide your lawyer with bills of sale, shipping records, communication logs, or any documents that may prove lawful possession or trade.
- Know the Charges You’re Facing
Weapon trafficking often involves violations of the Gun Control Act, National Firearms Act, or federal conspiracy statutes. Understanding the specific allegations helps shape your defense.
- Follow Your Lawyer’s Advice at Every Step
Attend all hearings, respect bail terms, and avoid actions that could worsen your legal situation.
Weapons Trafficking Is a Federal Crime
Weapons trafficking falls primarily under federal jurisdiction, especially when firearms are moved across state or international borders. The ATF and DOJ investigate and prosecute these cases. Offenses include illegal sales, unlicensed distribution, and supplying weapons to prohibited individuals or criminal groups. Federal penalties are severe, with mandatory minimum sentences in many circumstances.
Types of Weapon Trafficking Cases We Defend in Houston
At Juan L. Guerra, Jr. & Associates, we recognize that weapon trafficking charges are almost always prosecuted at the federal level, often carrying severe penalties. Our firm is prepared to defend against a wide range of allegations, including:
- Illegal Firearms Distribution: Accusations of selling, transporting, or distributing firearms without a license or in violation of federal law.
- Interstate and International Gun Trafficking: Charges tied to moving weapons across state lines or international borders, often involving ATF investigations.
- Possession of Prohibited Weapons: Cases involving unlawful possession or transfer of restricted firearms such as machine guns, silencers, or explosives.
- Conspiracy to Traffic Firearms: Allegations of planning or coordinating the movement or sale of firearms, even if the transaction never took place.
Understanding Weapon Trafficking Charges in Texas and Federal Courts
Weapon trafficking — also known as firearms trafficking — is prosecuted under both Texas Penal Code §46 and federal law, particularly 18 U.S.C. §922 and §924. These charges are extremely serious, often tied to organized crime, drug trafficking, or violent offenses. A conviction can result in decades in prison, steep fines, and permanent restrictions on gun ownership. Defending against these charges requires an experienced Houston weapon trafficking attorney who understands firearms law, federal court procedure, and constitutional defenses.
- Definition of Weapon Trafficking – Involves illegally purchasing, selling, transferring, or transporting firearms with the intent to distribute them to individuals prohibited by law (such as felons, minors, undocumented immigrants, or criminal organizations). Federal law applies even if the firearms never cross state lines.
- Prosecutorial Strategies – Prosecutors often rely on undercover operations, wiretaps, informant testimony, firearm purchase records, and ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives) surveillance to build cases.
- Key Elements Required for Conviction – Prosecutors must prove unlawful intent, knowledge of the buyer’s or recipient’s prohibited status, and active participation in the transfer or trafficking scheme.
- Defense Opportunities – Strong defenses may involve disputing knowledge or intent, challenging the legality of searches and seizures, exposing unreliable witnesses, or arguing entrapment in undercover stings.
- State vs. Federal Considerations – Texas prosecutes unlawful firearm sales and transportation under state law, but most large-scale trafficking cases are handled federally, where investigative resources and penalties are much harsher.
Penalties for Weapon Trafficking in Texas and Federal Courts
Weapon trafficking carries severe punishments at both the state and federal levels:
Texas Penalties – Unlawful sale or transfer of firearms under the Texas Penal Code §46.06 and related statutes can result in:
- Felony charges are punishable by 2 to 20 years in prison.
- Fines up to $10,000.
- Sentence enhancements for sales to minors, felons, or criminal organizations.
Federal Penalties – Under 18 U.S.C. §922 and §924, firearms trafficking is aggressively prosecuted and punishable by:
- Up to 10 years in federal prison per firearm involved.
- Up to 25 years or more if connected to drug trafficking or violent crimes.
- Fines in the hundreds of thousands of dollars.
- Lifetime ban on firearm possession.
Collateral Consequences – Beyond prison and fines, a weapon trafficking conviction can create lifelong challenges:
- Loss of Gun Rights – A felony firearms conviction permanently prohibits gun ownership.
- Employment Restrictions – Many industries, especially security, law enforcement, and government, bar individuals with firearms convictions.
- Reputation Damage – A federal gun trafficking conviction is highly stigmatizing and public.
- Loss of Assets – Firearms, vehicles, and property tied to the trafficking scheme may be seized.
Deadline for Filing Weapon Trafficking Cases in Houston
Weapon trafficking charges are almost always prosecuted federally, but Texas may also pursue related state offenses depending on the facts of the case:
State Weapon Trafficking Charges – Texas Penal Code covers unlawful sale, transfer, or possession of firearms, with a statute of limitations that is generally three years for felony charges.
Federal Weapon Trafficking Charges – Under statutes such as 18 U.S.C. §922 and §924, the statute of limitations is typically five years, though it may be extended in cases tied to organized crime, terrorism, or violent offenses.
What to Expect After a Weapon Trafficking Arrest in Houston
Facing federal firearm trafficking charges is extremely serious, but understanding the process helps you prepare a defense:
- Arrest and Federal Investigation
Agencies such as the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives), FBI, or Homeland Security may conduct coordinated operations to seize weapons and gather evidence.
- Booking Process
Defendants are fingerprinted, photographed, and entered into both state and federal databases.
- Arraignment
Charges are formally read in court; bail or bond may be restricted due to concerns about public safety or flight risk.
- Evidence Review
A Houston weapon trafficking attorney examines ATF reports, wiretaps, undercover operations, and search warrants for errors or constitutional violations.
- Constitutional Protections
Your attorney may challenge unlawful searches, entrapment, or procedural errors to weaken the government’s case.
Frequently Asked Questions
Bail may be granted in limited cases, but in serious federal firearm trafficking prosecutions, bail is often set high or denied due to the perceived danger to public safety.
Yes, charges may be reduced if your role was minor, evidence is weak, or you assist in ongoing investigations. Plea negotiations can sometimes result in reduced penalties.
State cases generally involve unlawful possession, sale, or transfer of firearms within Texas. Federal charges, however, apply when firearms are trafficked across state or international borders, involve prohibited persons, or use licensed dealers improperly. Federal penalties are typically harsher, with mandatory minimum prison sentences in some cases.
FAQs About Weapon Trafficking Defense in Houston
If you are under investigation, the most important step is to remain silent and avoid speaking to law enforcement without an attorney present. Anything you say can and will be used against you. Contacting a Houston weapon trafficking lawyer immediately ensures that your rights are protected from the start. Your attorney can communicate with investigators on your behalf, review the scope of the investigation, and begin building a defense before charges are formally filed.
Yes, in certain cases, a Houston attorney for federal weapon trafficking charges may be able to secure a dismissal. This typically happens if the prosecution’s evidence was obtained unlawfully, if the case relies on unreliable witnesses, or if prosecutors cannot prove intent to traffic weapons beyond a reasonable doubt. Even when dismissal is not possible, a skilled attorney can work toward reducing charges or negotiating favorable plea agreements.
If you need urgent help, many firms—including Juan L. Guerra Jr. & Associates—offer immediate consultations. Searching for a weapon trafficking defense lawyer near me in Houston connects you to attorneys familiar with local courts, judges, and prosecutors. Quick legal representation is vital to prevent early mistakes that could harm your case. Acting fast gives your lawyer the opportunity to intervene before charges escalate.
Houston Legal Help
JLG Law and Associates will contact you for a Free Legal Consultation
Consult an Experienced Weapon Trafficking Lawyer in Houston
Facing weapon trafficking charges in Houston can carry severe legal consequences, including lengthy prison sentences, hefty fines, and long-term impacts on your personal and professional life. Without experienced legal representation, you risk harsher penalties and a weakened defense. At Juan L. Guerra, Jr. & Associates, we meticulously investigate every aspect of your case, review evidence, and work to build a strong defense strategy to protect your rights.
We provide a free, confidential consultation to evaluate your weapon trafficking charges and explain your options under Texas law. Whether it’s possession with intent to distribute, illegal firearm sales, or interstate trafficking, we craft a strategy tailored to your situation. From negotiating reduced charges to defending you in court, our team is dedicated to safeguarding your freedom and providing an experienced Houston weapon trafficking defense lawyer to guide you through each stage of the legal process.
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