The right to keep and bear arms is established in the Second Amendment to the U.S. Constitution but certain limitations to this right still exist. Many different kinds of weapons are subject to federal law, and certain weapons or activities could be criminal offenses. When you are charged with federal weapons crimes, you need to understand the nature of the prosecution is dramatically different from weapons crimes prosecuted at the state level. Federal agencies are typically armed with much greater resources, and prosecutors enter courtrooms expecting convictions. Federal Weapons Crimes main

Federal Weapons Crimes Defense Lawyer in Fort Worth, Arlington, Grapevine, Keller, and Southlake, TX

Were you or a loved one arrested or do you think that you could be under investigation for alleged federal weapons crimes in Tarrant County? Be sure that you exercise your right to remain silent until you have legal representation. The Law Offices of Richard C. McConathy defends both residents and visitors to Tarrant County. Call (817) 422-5350 or contact us online to take advantage of a confidential consultation.

People Prohibited from Weapons Possession in Tarrant County

A person is prohibited under federal law from possessing a weapon or firearm if they:
  • have been adjudicated as a mental defective or has been committed to any mental institution
  • have been convicted of a misdemeanor crime of domestic violence
  • are illegally or unlawfully in the United States or have been admitted to the United States under a nonimmigrant visa
  • are under indictment for or have been convicted of a crime punishable by imprisonment for a term exceeding one year
  • have been dishonorably discharged from the Armed Forces
  • are subject to a restraining order
  • are an unlawful user of or addicted to any controlled substance
  • have renounced their the United States citizenship
  • are a fugitive from justice

Types of Federal Weapons Crimes in Texas

Several weapons and firearms crimes are established in the United States Code, the official compilation of the general and permanent federal statutes of the United States. Unlawful acts in Title 18 U.S. Code § 922 include:
  • Sale to the out-of-state recipient, Title 18 U.S. Code § 922(b)(3) — Up to five years in prison.
  • Possession of handgun by a juvenile, Title 18 U.S. Code § 922(x)(2) — Up to one year in prison.
  • Sale of certain prohibited weapons, Title 18 U.S. Code § 922(b)(4) — Up to five years in prison.
  • Engagement in the business of importing, manufacturing, or dealing in firearms, Title 18 U.S. Code § 922(a)(1) — Up to five years in prison.
  • Sale to a person in violation of state law, Title 18 U.S. Code § 922(b)(2) — 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 or transfer of a handgun to juvenile, Title 18 U.S. Code § 922(x)(1) — Up to 10 years in prison.
  • Sale to juvenile, Title 18 U.S. Code § 922(b)(1) — Up to five years in prison.
  • Shipment or transport of firearm to the unlicensed recipient, Title 18 U.S. Code § 922(a)(2) — Up to five years in prison.
  • Sale to a prohibited person, Title 18 U.S. Code § 922(d) — Up to 10 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 delivery of armor-piercing ammunition, Title 18 U.S. Code § 922(a)(8) — Up to five years in prison.
  • Possession, transfer, or manufacture of a semiautomatic assault weapon, Title 18 U.S. Code § 922(v) — Up to five years in prison.
  • Delivery of firearm to the common carrier without written notice, Title 18 U.S. Code § 922(e) — Up to five years in prison.
  • Receipt of a firearm from out of state by an unlicensed person, Title 18 U.S. Code § 922(a)(3) — Up to five years in prison.
  • Manufacture or importation of armor-piercing ammunition, Title 18 U.S. Code § 922(a)(7) — Up to five years in prison.
  • Theft of firearms from a licensee, Title 18 U.S. Code § 922(u) — Up to 10 years in prison.
  • Possession of a firearm by a prohibited person, Title 18 U.S. Code § 922(g) — Up to 10 years in prison.
  • Transfer of firearm without a background check, Title 18 U.S. Code § 922(t) — Up to one year in prison.
  • False statements in connection with the purchase of a firearm, Title 18 U.S. Code § 922(a)(6) — Up to 10 years in prison.
  • Interstate transport of certain weapons by an unlicensed person, Title 18 U.S. Code § 922(a)(4) — Up to five years in prison.
  • Shipment or transport of stolen firearm, Title 18 U.S. Code § 922(i) — Up to 10 years in prison.
  • Sale or transfer of handgun without a background check, Title 18 U.S. Code § 922(s)  — Up to one year in prison.
  • Receipt, possession, concealment, storage, barter, sale, or disposal of a stolen firearm, Title 18 U.S. Code § 922(j) — Up to 10 years in prison.
  • Assembly of a shotgun or semiautomatic rifle from imported parts, Title 18 U.S. Code § 922(r) — Up to five 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.
  • Possession or knowing or reckless discharge of a firearm in a school zone, Title 18 U.S. Code §§ 922(q)(2) and 922(q)(3) — Up to five years in prison.
  • Importation or receipt of firearms, Title 18 U.S. Code § 922(l) — Up to five 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.
  • Falsification of records by a licensee, Title 18 U.S. Code § 922(m) — Up to one year in prison.
  • Possession of machine gun, Title 18 U.S. Code § 922(o) — Up to 10 years in prison.
  • Shipment, transport, or receipt of a firearm by a person under felony indictment, Title 18 U.S. Code § 922(n) — Up to five years in prison.
  • Transfer, sale, or transport of weapon by an unlicensed person to another unlicensed, out-of-state person, Title 18 U.S. Code § 922(a)(5) — Up to five years in prison.
Penalties in Title 18 U.S. Code § 924 include the following offenses:
  • 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.
  • Theft of firearm from a licensee, Title 18 U.S. Code § 924(m) — 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.
  • Shipping, transport, or receipt of a firearm with intent to commit a felony, Title 18 U.S. Code § 924(b) — 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.
  • Theft of firearm, Title 18 U.S. Code § 924(l) — Up to 10 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.
  • Smuggling firearm into the U.S. with intent to commit specified offenses, Title 18 U.S. Code § 924(k) — Up to 10 years in prison.
  • Carrying, using, or possessing a firearm in connection with a crime of violence or drug trafficking crime, Title 18 U.S. Code § 924(c) — Up to 30 years in prison.
Other weapons and firearms crimes listed elsewhere in the U.S. Code include:
  • Receipt or possession of an unregistered firearm, Title 26 U.S. Code § 5861(d) — Up to 10 years in prison.
  • Knowingly making a false entry on application or record, Title 26 U.S. Code § 5861(l) — Up to 10 years in prison.
  • Receipt or possession of a firearm with obliterated, removed, or altered serial number, Title 26 U.S. Code § 5861 — Up to 10 years in prison.
  • 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.
  • Receipt or possession of firearm unidentified by serial number, Title 26 U.S. Code § 5861(i) — Up to 10 years in prison.
  • Receipt or possession of an unlawfully imported firearm, Title 26 U.S. Code § 5861(k) — Up to 10 years in prison.
  • Failure to register as a dealer, manufacturer, or importer, or to pay required tax, Title 26 U.S. Code § 5861(a) — Up to 10 years in prison.
  • Transport, delivery, or receipt of an unregistered firearm, Title 26 U.S. Code § 5861(j) — Up to 10 years in prison.
  • Possession of a firearm in a federal facility, Title 18 U.S. Code § 930(a) — Up to one year in prison.

Federal Weapon Crime Defenses in Fort Worth

Defenses against weapons charges can vary depending on several factors, including the specific offense you are accused of. When a crime is possession-related, an alleged offender may be able to argue that they did not knowingly possess a weapon. Some cases could end up being dismissed if police or another agency performed an illegal search and seizure. Entrapment could also be a defense when an alleged offender was forced against their will to commit a weapons crime.

Tarrant County Federal Weapon Crime Resources

Weapons Offenses and Offenders | Bureau of Justice Statistics (BJS) — Learn more about weapons offenses and offenders in this November 1995 Department of Justice publication. Arrests of juveniles comprised an increasing proportion of weapons arrests, according to the report. The number of federal weapons offenses investigated and prosecuted has increased at least 4-fold since 1980. Quick Reference To Federal Firearms Laws — This Department of Justice fact sheet lists federal weapons crimes. You can also view all of the possible penalties. Definitions are also provided.

Find A Tarrant County Defense Attorney for Federal Weapon Crimes | Law Offices of Richard C. McConathy

If you or your loved one were arrested or believe that you might be under investigation for a federal weapon crime in Fort Worth or a surrounding community in Tarrant County, do not waste any time in finding legal counsel. You are going to want the help of an experienced lawyer in fighting federal weapons charges. The Law Offices of Richard C. McConathy will work tirelessly to possibly get your criminal charges reduced or dismissed. We can provide an honest and thorough evaluation of your case when you call (817) 422-5350 or contact us online to set up a consultation.