Federal Defense for Felon in Possession of a Firearm Charges in Texas and Nationwide
While Americans generally have the right to possess firearms under the Second Amendment, this right is not absolute. Federal laws impose restrictions on gun ownership in certain situations, and individuals with criminal convictions—particularly felonies—may lose their legal ability to possess or own firearms. If a person who has previously been convicted of a felony is found in possession of a firearm, they may be subject to serious federal charges, potentially leading to years in prison. Anyone facing such allegations must understand the severity of the situation and take immediate steps to protect themselves with qualified legal counsel.
At The Crowder Law Firm, P.C., we aggressively defend individuals facing weapons charges in federal court. Our extensive experience with federal criminal defense equips us to help clients facing accusations of unlawful firearm possession, especially when the law prohibits them from having weapons due to their past criminal records. We will examine the facts of your case, challenge the evidence presented by federal prosecutors, and build a strong legal defense designed to protect your freedom and your rights.
Understanding Federal Laws on Firearm Possession by Felons
According to 18 U.S.C. § 922(g), it is illegal for anyone convicted of a crime punishable by more than one year in prison to possess a firearm or ammunition. This rule applies even if the individual received a lesser sentence or did not serve time in prison. The determining factor is whether the offense is considered a felony based on its maximum sentence.
The law also covers firearms or ammunition that have traveled across state lines or international borders, meaning federal jurisdiction applies even when the weapon in question was not recently transported. Possession is broadly defined and may include weapons stored in a person’s residence, vehicle, or workplace—whether or not the weapon is owned by the individual.
Beyond prior felony convictions, the statute bars firearm possession by individuals who:
Have been convicted of domestic violence offenses, even if they were misdemeanors
Are fugitives from justice, including those who have crossed state lines to evade arrest or avoid court testimony
Are considered unlawful users of controlled substances, potentially linking drug offenses to weapons charges
People accused of violating these laws may face federal prosecution and prison time, even if they were unaware that their possession of a firearm was prohibited under federal law.
Penalties for Felon in Possession of a Firearm Charges
Convictions under federal firearm possession laws can result in up to 15 years in federal prison. In cases where a defendant has a prior history of multiple violent felonies or serious drug-related convictions, sentencing enhancements under the Armed Career Criminal Act (ACCA) may apply. If so, the defendant will face a mandatory minimum sentence of 15 years, with the potential for even longer prison terms.
Three or more qualifying convictions—whether from state or federal courts—can trigger this armed career criminal classification. These include:
Violent felonies, such as robbery or assault with a deadly weapon
Serious drug offenses, including drug trafficking or manufacturing controlled substances
Prior firearms offenses
In these high-stakes cases, it is crucial to examine the details of previous convictions to determine whether they legally qualify under the ACCA. An experienced attorney may be able to argue that a prior offense does not meet the criteria necessary to support an enhanced sentence.
How Our Defense Attorneys Challenge Federal Weapons Charges
When defending against federal firearm possession charges, especially those involving felons, we analyze every element of the prosecution’s case. We evaluate:
Whether the alleged possession was knowing and intentional
The legality of search and seizure procedures used to discover the firearm
Whether any evidence was obtained in violation of constitutional rights
If prior convictions truly meet the criteria for firearms prohibition
There may also be constitutional challenges or mitigating circumstances that could help our clients reduce their charges or avoid conviction altogether. We are prepared to negotiate with federal prosecutors or defend your case aggressively in court, depending on what approach best protects your interests.
Contact Our Texas Federal Weapons Offense Defense Lawyers
Facing federal charges for firearm possession as a felon can be overwhelming, but with the right legal team, you can take steps to protect yourself. At The Crowder Law Firm, P.C., we are committed to helping you achieve the most favorable outcome possible. Whether you have been formally charged or are currently under investigation, we encourage you to take proactive steps and speak with our skilled defense attorneys.
Call us today at 817-936-3167 to schedule a free and confidential consultation and learn how we can help you fight federal firearm possession charges.