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Federal Weapons Crimes

Houston Federal Weapons Crimes Lawyer

Many people know that the Second Amendment to the U.S. Constitution guarantees them the right to keep and bear arms, but there are federal laws against certain activities relating to weapons by certain people. A person who is convicted of a federal weapon or firearms crime can face several years in prison as well as huge fines.

There are several federal weapons and firearm laws that not only affect convicted felons, but also legal firearms owners, licensed manufacturers, and licensed dealers. If you have been charged with any kind of federal weapons or firearm offense, you should immediately seek the help of an experienced Texas criminal defense attorney.

Houston Federal Weapons Crimes Lawyer

Horak Law defends clients throughout the Houston area against these types of charges. We assist people in such communities as Conroe, Galveston, League City, Missouri City, Pasadena, Pearland, Richmond-Rosenberg, Spring, Sugar Land, and The Woodlands.

Matt Horak is admitted to all Texas state courts and U.S. District Courts in the Southern District of Texas. He can review your case and discuss your legal options when you call him at (713) 225-8000 or toll-free at (800) 225-8009 to schedule a free, confidential consultation.


Harris County Federal Weapons Crimes Information Center


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People in Texas Prohibited by Federal Law from Weapons Possession

Under federal law, it is illegal for any person to possess a weapon or firearm if he or she:

  • is under indictment for or has been convicted of a crime punishable by imprisonment for a term exceeding one year
  • is a fugitive from justice
  • is an unlawful user of or addicted to any controlled substance
  • has been adjudicated as a mental defective or has been committed to any mental institution
  • who is illegally or unlawfully in the United States or has been admitted to the United States under a nonimmigrant visa
  • who has been dishonorably discharged from the Armed Forces
  • who has renounced his or her United States citizenship
  • is subject to a restraining order
  • has been convicted of a misdemeanor crime of domestic violence

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Federal Weapons Crimes in Houston

There are several different weapons and firearms offenses listed under the United States Code. Crimes listed under Unlawful acts in Title 18 U.S. Code § 922 include:

  • Engagement in business of importing, manufacturing, or dealing in firearms, Title 18 U.S. Code § 922(a)(1) — Up to five years in prison.
  • Shipment or transport of firearm to unlicensed recipient, Title 18 U.S. Code § 922(a)(2) — Up to five years in prison.
  • Receipt of firearm from out of state by unlicensed person, Title 18 U.S. Code § 922(a)(3) — Up to five years in prison.
  • Interstate transport of certain weapons by unlicensed person, Title 18 U.S. Code § 922(a)(4) — Up to five years in prison.
  • Transfer, sale, or transport of weapon by unlicensed person to another unlicensed, out-of-state person, Title 18 U.S. Code § 922(a)(5) — Up to five years in prison.
  • False statements in connection with purchase of firearm, Title 18 U.S. Code § 922(a)(6) — Up to 10 years in prison.
  • Manufacture or importation of armor-piercing ammunition, Title 18 U.S. Code § 922(a)(7) — Up to five years in prison.
  • Sale or delivery of armor-piercing ammunition, Title 18 U.S. Code § 922(a)(8) — Up to five years in prison.
  • Sale to juvenile, Title 18 U.S. Code § 922(b)(1) — Up to five years in prison.
  • Sale to person in violation of state law, Title 18 U.S. Code § 922(b)(2) — Up to five years in prison.
  • Sale to out-of-state recipient, Title 18 U.S. Code § 922(b)(3) — Up to five years in prison.
  • Sale of certain prohibited weapons, Title 18 U.S. Code § 922(b)(4) — Up to five years in prison.
  • Sale without proper record-keeping, Title 18 U.S. Code § 922(b)(5) — Up to five years in prison.
  • Sale to prohibited person, Title 18 U.S. Code § 922(d) — Up to 10 years in prison.
  • Delivery of firearm to common carrier without written notice, Title 18 U.S. Code § 922(e) — Up to five years in prison.
  • Possession of firearm by prohibited person, Title 18 U.S. Code § 922(g) — Up to 10 years in prison.
  • Shipment or transport of stolen firearm, Title 18 U.S. Code § 922(i) — Up to 10 years in prison.
  • Receipt, possession, concealment, storage, barter, sale, or disposal of stolen firearm, Title 18 U.S. Code § 922(j) — Up to 10 years in prison.
  • Possession, receipt, shipment, or transport of firearm with altered or obliterated serial number, Title 18 U.S. Code § 922(k) — Up to five years in prison.
  • Importation or receipt of firearms, Title 18 U.S. Code § 922(l) — Up to five years in prison.
  • Falsification of records by licensee, Title 18 U.S. Code § 922(m) — Up to one year in prison.
  • Shipment, transport, or receipt of firearm by person under felony indictment, Title 18 U.S. Code § 922(n) — Up to five years in prison.
  • Possession of machine gun, Title 18 U.S. Code § 922(o) — Up to 10 years in prison.
  • Manufacture, importation, sale, shipment, or possession of firearms designed to avoid detection, Title 18 U.S. Code § 922(p) — Up to five years in prison.
  • Possession or knowing or reckless discharge of firearm in school zone, Title 18 U.S. Code §§ 922(q)(2) and 922(q)(3) — Up to five years in prison.
  • Assembly of shotgun or semiautomatic rifle from imported parts, Title 18 U.S. Code § 922(r) — Up to five years in prison.
  • Sale or transfer of handgun without background check, Title 18 U.S. Code § 922(s) — Up to one year in prison.
  • Transfer of firearm without background check, Title 18 U.S. Code § 922(t) — Up to one year in prison.
  • Theft of firearms from licensee, Title 18 U.S. Code § 922(u) — Up to 10 years in prison.
  • Possession, transfer, or manufacture of semiautomatic assault weapon, Title 18 U.S. Code § 922(v) — Up to five years in prison.
  • Possession or transfer of large capacity ammunition feeding device, Title 18 U.S. Code § 922(w) — Up to five years in prison.
  • Sale or transfer of handgun to juvenile, Title 18 U.S. Code § 922(x)(1) — Up to 10 years in prison.
  • Possession of handgun by juvenile, Title 18 U.S. Code § 922(x)(2) — Up to one year in prison.

Offenses listed under Penalties in Title 18 U.S. Code § 924 include:

  • Shipping, transport, or receipt of firearm with intent to commit felony, Title 18 U.S. Code § 924(b) — Up to 10 years in prison.
  • Carrying, using, or possessing firearm in connection with crime of violence or drug trafficking crime, Title 18 U.S. Code § 924(c) — Up to 30 years in prison.
  • Armed Career Criminal Act (convicted person who has three prior convictions for serious drug offenses or violent felonies), Title 18 U.S. Code § 924(e) — Mandatory minimum sentence of 15 years in prison.
  • Interstate travel to acquire or transfer firearm with intent to commit specified offenses, Title 18 U.S. Code § 924(g) — Up to 10 years in prison.
  • Transfer of firearm knowing it will be used to commit specified offenses, Title 18 U.S. Code § 924(h) — Up to 10 years in prison.
  • Causing death during crime of violence or drug trafficking crime — Title 18 U.S. Code § 924(j) — Punishable by death or life in prison.
  • Smuggling firearm into U.S. with intent to commit specified offenses, Title 18 U.S. Code § 924(k) — Up to 10 years in prison.
  • Theft of firearm, Title 18 U.S. Code § 924(l) — Up to 10 years in prison.
  • Theft of firearm from licensee, Title 18 U.S. Code § 924(m) — Up to 10 years in prison.

Other weapons and firearms crimes listed elsewhere in the U.S. Code include:

  • Crime of violence or drug trafficking crime while in possession of armor-piercing ammunition, Title 18 U.S. Code § 929(a) — Mandatory minimum sentence of five years in prison.
  • Possession of firearm in federal facility, Title 18 U.S. Code § 930(a) — Up to one year in prison.
  • Failure to register as dealer, manufacturer, or importer, or to pay required tax, Title 26 U.S. Code § 5861(a) — Up to 10 years in prison.
  • Receipt or possession of unregistered firearm, Title 26 U.S. Code § 5861(d) — Up to 10 years in prison.
  • Receipt or possession of firearm with obliterated, removed, or altered serial number, Title 26 U.S. Code § 5861 — Up to 10 years in prison.
  • Receipt or possession of firearm unidentified by serial number, Title 26 U.S. Code § 5861(i) — Up to 10 years in prison.
  • Transport, delivery, or receipt of unregistered firearm, Title 26 U.S. Code § 5861(j) — Up to 10 years in prison.
  • Receipt or possession of unlawfully imported firearm, Title 26 U.S. Code § 5861(k) — Up to 10 years in prison.
  • Knowingly making false entry on application or record, Title 26 U.S. Code § 5861(l) — Up to 10 years in prison.

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Federal Weapons Crimes Defenses in Texas

Every weapons or firearms crime is different, and unique circumstances in your case may allow for additional defenses. Some common defenses against these allegations include, but are not limited to:

  • No knowing possession
  • Entrapment
  • Self-defense or duress justification
  • Illegal search and seizure
  • Alleged offender had firearm rights restored

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Horak Law - A Federal Weapons Crimes Lawyer in Houston

You should not underestimate the consequences of a federal conviction. Federal prosecutors typically pursue the maximum punishments in these cases, and you will want to be represented by a skilled and capable Houston criminal defense attorney.

Matt Horak represents clients from Brazoria County, Fort Bend County, Galveston County, Harris County, Liberty County, Montgomery County, and Waller County in U.S. District Courts in the Southern District of Texas. Call Horak Law at (713) 225-8000 or toll-free at (800) 225-8009 to set up a free legal consultation that will let our firm provide a complete evaluation of your case.


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Our Office in The Woodlands
1790 Hughes Landing Blvd #400 The Woodlands, TX 77380 (281) 907-4990
Our Office in Houston
5300 Memorial Dr #750 A Houston, TX 77007 (713) 225-8000
Free Consultation Fill out the form below and we'll be in touch within 24 hours!

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Matt Horak Matt Horak is Board Certified in Criminal Law by the Texas Board of Legal Specialization since 2014