Federal Firearms Violations: When Gun Charges Go Beyond Texas Law
By Thom Nisbet
Texas is known for strong Second Amendment support—but when the federal government steps in, state laws take a backseat. If you're facing a federal firearm charge, you're not just dealing with a gun case—you're up against a system with mandatory sentencing, enhanced penalties, and prosecutors who rarely back down.
At Christian, Nisbet & Casillas, we’ve defended clients in federal courtrooms across Texas. We understand what’s really at stake in these cases: your freedom, your rights, and your future.
What Makes a Firearms Charge Federal?
Federal gun charges usually come into play when:
A firearm crosses state lines
The alleged offense occurs on federal property
You’re accused of violating federal statutes (even unintentionally)
You're a prohibited person in possession of a firearm
A weapon is tied to another federal offense (like drugs or robbery)
The main statutes federal prosecutors rely on include:
18 U.S.C. §922(g) – Prohibited person in possession of a firearm (felons, fugitives, domestic violence convictions, drug users, etc.)
18 U.S.C. §924(c) – Possessing or using a firearm during a drug trafficking or violent crime (adds mandatory prison time)
18 U.S.C. §922(k) – Possession of a firearm with an obliterated serial number
18 U.S.C. §922(n) – Possession while under indictment
18 U.S.C. §922(a)(6) – Making a false statement on a firearm purchase form (Form 4473)
Federal sentences often come with mandatory minimums, especially when linked to another charge like drug trafficking or conspiracy.
How Federal Gun Cases Often Start
Many clients are surprised to learn that:
A traffic stop with a gun and small amount of drugs can suddenly become a federal case
A gun stored in a car trunk or under a bed can trigger a charge—if you’re not legally allowed to have it
Buying a gun for someone else (a “straw purchase”) can result in years of prison time
Even non-violent offenders can face harsh federal time if they simply “possess” a weapon after a past felony or indictment
These cases often stem from joint state-federal task force arrests, ATF investigations, or arrests where local law enforcement hands over the case to federal prosecutors.
What’s New in Federal Firearms Enforcement?
In the past two years, enforcement has expanded due to:
ATF crackdown on ghost guns and private sales: Unserialized or kit-built firearms are now frequently tied to federal charges
New focus on domestic violence and gun ownership: Individuals with restraining orders or past domestic cases are under more scrutiny
Increased surveillance of online sales and gun forums
Red flag trends: Texas does not currently allow these orders and has recently restricted their use, but federal firearms prohibitions can still apply regardless of state policy.
Even in Texas, where gun rights are broadly supported, federal enforcement can overtake state protections.
How We Defend Federal Gun Cases
Federal firearm cases can escalate quickly. Our defense strategies aim to slow them down—and take them apart.
1. Challenge Prohibited Person Status
Was your past conviction actually disqualifying? Did your rights get restored under Texas law? We examine whether the federal charge holds up.
2. Suppress Illegal Searches
Was the weapon found in an unlawful search? Did police overstep during a stop or interrogation? If so, we fight to have the evidence excluded.
3. Disprove Possession
Mere proximity isn’t enough. If the gun wasn’t on your person, in your control, or knowingly possessed, we challenge the government's assumptions.
4. Fight Sentence Enhancements
If charged under 924(c), we push back against stacking charges—especially when the gun was never used or brandished.
5. Negotiate for Reduced Exposure
If conviction is unavoidable, we advocate for downward departures, plea alternatives, or pre-sentencing agreements that reduce prison time.
What You Should Do
Don’t make statements to ATF or federal agents without a lawyer
Preserve firearm records, receipts, or ownership documentation
Avoid discussing the case on social media or texts
Call a federal defense attorney immediately
Every word and every decision matters from the moment you’re contacted.
Final Thoughts
Federal firearm cases are serious—but they’re not unbeatable. At Christian, Nisbet & Casillas, we bring experience, insight, and a courtroom-ready strategy to every federal charge. Whether it’s a technical violation or a complex conspiracy, we’re ready to step in and fight back.
When a gun charge turns into a federal case…we’re that call.
