Federal charges
Dallas federal gun charge lawyer.
Texas lets most adults carry a handgun without a license, but federal law still bars many people from having any gun at all, and federal gun penalties are steep. A gun found during a traffic stop or a search can turn a state case into a federal one with a mandatory minimum. The defense often depends on how the gun was found, whether you really possessed it, and whether your record actually qualifies. We look at all three from the start.
Right now
If you were just arrested on a gun charge.
- 01
Do not say whose gun it is
Questions like "is this yours?" or "did you know it was there?" are how possession gets shown in court. Ask for a lawyer and stop talking.
- 02
Do not let anyone move other guns
If there are other guns at home, do not have a relative hide or sell them. That can create new charges for them and for you. Ask us what to do.
- 03
Gather your old court papers
Judgments, deferred adjudication orders, discharge papers and protective orders. Whether a prior case legally counts is often the first defense.
- 04
Prepare for the detention hearing
Gun charges let the government ask for detention, and 924(c) charges carry a presumption. A home, a custodian and a job need to be ready within days.
- 05
Call us for a free consultation
We answer 24/7, in English and Spanish, and can usually tell you quickly which statute you are facing and what range it carries.
Key deadlines and numbers
- Prohibited person with a gun
- Up to 15 years (raised from 10 in June 2022)Source: 18 U.S.C. 924(a)(8)
- Gun in a drug or violent crime
- 5-year minimum, served after any other sentenceSource: 18 U.S.C. 924(c)
- Armed Career Criminal
- 15-year minimum with 3 prior violent felonies or serious drug offensesSource: 18 U.S.C. 924(e)
- Glock switch or auto sear
- Treated as a machine gun, up to 10 yearsSource: 18 U.S.C. 922(o)
- Straw purchase
- Up to 15 years, 25 if tied to a felony or drug traffickingSource: 18 U.S.C. 932
- Texas permitless carry
- Does not change any federal banSource: Tex. Penal Code 46.02
Texas law
How federal gun laws work.
Most federal gun cases fall into three groups: people the law says cannot have a gun at all (18 U.S.C. 922(g)), guns connected to drug trafficking or violence (924(c)), and illegal buying, selling or modifying of guns. The charge decides whether there is a mandatory minimum and whether the sentence is added to another one.
| Charge | Range of punishment | Notes |
|---|---|---|
| Prohibited person in possession (922(g)): felony record, unlawful drug user, family violence misdemeanor, protective order, fugitive, unlawful immigration status | Up to 15 years | Ammunition counts too. The government must prove you knew your status. |
| Armed Career Criminal (924(e)) | 15 years to life | Three qualifying priors on different occasions. A jury decides the occasions question. |
| Gun in a drug trafficking or violent crime (924(c)) | 5 years minimum, 7 if brandished, 10 if fired, up to life | Must run consecutive. A short-barreled rifle or shotgun means 10 years; a machine gun or silencer means 30. |
| Machine gun, including conversion devices (922(o)) | Up to 10 years | A switch or auto sear alone is a machine gun under federal law. |
| Straw purchase (932) or gun trafficking (933) | Up to 15 years, 25 for some straw purchases | Added by the Bipartisan Safer Communities Act of 2022. |
| False statement when buying a gun (922(a)(6)) | Up to 10 years | Usually an answer on ATF Form 4473 at the gun store. |
The government must prove you knew your status
Since Rehaif in 2019, a 922(g) conviction requires proof that you knew you belonged to a prohibited group, for example that you had been convicted of a crime punishable by more than a year. Old pleas, confusing deferred adjudication papers and unclear immigration status can make that a real issue.
Source: Rehaif v. United States (2019)Possession is not the same as being near a gun
A gun in a shared car, a borrowed truck or a house with several adults does not automatically belong to everyone there. The government must show you knew about it and had the power and intent to control it. Fingerprints, DNA and who uses the space are often disputed.
Source: 18 U.S.C. 922(g)The law is still moving
After the Supreme Court's 2022 Bruen decision, courts have been reexamining several federal gun bans. The Court upheld the protective order ban in 2024, while some challenges to other bans, such as the one for drug users who were not impaired, have had success in the Fifth Circuit. We check whether a challenge fits your case.
Source: United States v. Rahimi (2024)Armed Career Criminal cases go to a jury
The 15-year minimum needs three qualifying priors committed on different occasions. In 2024 the Supreme Court held that a jury, not the judge, must decide the different-occasions question beyond a reasonable doubt. Many old Texas convictions also do not qualify once examined closely.
Source: Erlinger v. United States (2024)How we work
How we defend a federal gun case.
Mr. Estrada reviews the stop, the search and the record and sets the strategy. Associates and staff gather the videos, lab results and old court papers with him.
01
Start with the stop and the search
Bodycam and dashcam, the reason for the stop, how long it lasted, whether there was consent, and whether a warrant covered the place searched. An unlawful search can end a gun case.
02
Test possession
Who owns the gun, who uses the car or room, and what the fingerprint and DNA results really show, including whether they were tested at all.
03
Check whether the record really qualifies
We pull the certified judgments. A Texas deferred adjudication, a set-aside conviction or a misdemeanor may not count the way the government assumes, and many priors do not qualify for 924(e).
04
Raise constitutional challenges where they fit
When the law supports an as-applied Second Amendment challenge, we file it and preserve it for appeal.
05
Work the guideline range
The firearms guideline rises with the type and number of guns, stolen guns and other felonies. We contest each increase that the facts do not support.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“He made sure he addressed all of our questions and put us at ease. He never made it seem like we were an inconvenience.”What a federal gun case means for the rest of your life.
- Gun rights after a conviction
- A federal felony means a federal ban on guns and ammunition, generally for life, regardless of what Texas law allows. Restoring those rights is difficult and rare, so the charge you plead to matters.
- Family violence misdemeanors
- A misdemeanor family violence conviction, even a Class A plea in Texas, triggers a federal gun ban. People with security, military or hunting plans should know this before resolving any assault case.
- Immigration
- Firearm offenses are a separate ground of deportation, and possession by a person without lawful status is itself a federal crime. A non-citizen needs the plea planned with immigration in mind.
- Jobs and licenses
- A federal gun conviction affects security guard licenses, many professional licenses and jobs that require background checks.
Dallas and Odessa
Where federal gun cases are heard.
Many federal gun cases in Dallas start as local arrests by Dallas police or county deputies and are later picked up by federal prosecutors in the Northern District of Texas, at the Earle Cabell Federal Building downtown. Collin and Denton County cases go to the Eastern District in Sherman or Plano. In the Permian Basin, gun charges from Ector and Midland counties, often found during drug or traffic stops, go to the Western District's Midland-Odessa Division in Midland. Mr. Estrada is admitted in all three districts.
FAQ
Questions people ask.
Texas has permitless carry. Why am I charged federally?
Permitless carry is a Texas rule. Federal law separately bars felons, unlawful drug users, people under certain protective orders, people with family violence convictions and others from having any gun or ammunition, anywhere.
The gun was in the car but it was not mine. Can I still be convicted?
Only if the government proves you knew it was there and had the power and intent to control it. Being in the same car is not enough by itself. These cases are often won or lost on the details.
What is a Glock switch charge?
A switch or auto sear makes a pistol fire automatically. Federal law treats the device itself as a machine gun, so possessing one, even without the gun, can carry up to 10 years.
Does a family violence misdemeanor take away my gun rights?
Under federal law, generally yes, and generally for life. That is true even if Texas would let you have a gun again after a waiting period. Ask before you plead to any assault involving a family member.
I use marijuana. Can I own a gun?
Federal law bars unlawful drug users from having guns, and marijuana is still federally controlled. Courts are reconsidering how far that ban reaches, but the risk is real. Talk to a lawyer before you buy or keep one.
Is a 924(c) sentence added to the other sentence?
Yes. The 924(c) minimum must be served after the sentence for the drug or violent crime, not at the same time. That is why it is often the most important count to challenge or negotiate.
How much does it cost to hire you?
The consultation is free. We discuss the fee and payment options up front, based on the charges and the stage of the case.
Related situations
- Federal arrest and detention hearing
- Federal drug conspiracy
- Federal sentencing and plea deals
- Assault and family violence
- Protective orders
- Immigration consequences of a charge
- All: Federal Criminal Defense
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.