By Deandra Grant, J.D., M.S. (Pharmaceutical Science), ACS-CHAL Forensic Lawyer-Scientist
A gun crime that begins as a state case in Dallas, Tarrant, Collin, Denton, or McLennan County can become a federal case overnight. When it does, everything changes: the courthouse, the prosecutor, the judge, the sentencing rules, and the consequences. Federal gun crime convictions carry mandatory minimum sentences that state courts do not impose. Federal prosecutors have the resources of the ATF, the FBI, the DEA, and Homeland Security Investigations behind them. And federal sentencing under the United States Sentencing Guidelines produces sentences that are, on average, significantly longer than their state equivalents.
If you or someone you love is facing a federal gun charge in Texas, you need a federal defense attorney who understands the federal system and not just the law on paper, but the practical realities of how federal cases are investigated, charged, negotiated, and sentenced. At Deandra Grant Law, James Lee Bright serves as our Federal Defense Attorney, with dedicated experience in federal criminal defense across the Northern and Eastern Districts of Texas.
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How a State Gun Case Becomes a Federal Case
Not every gun crime is prosecuted federally. The decision to bring a case in federal court rather than state court (or in addition to state court) is made by the United States Attorney’s Office in coordination with federal law enforcement agencies. Several factors drive the decision:
- Project Safe Neighborhoods (PSN). PSN is the Department of Justice’s primary initiative for reducing gun violence. Under PSN, federal, state, and local law enforcement agencies coordinate to identify the most serious firearms offenders and prosecute them federally to take advantage of the longer federal sentences. In the Northern District of Texas (which includes Dallas, Fort Worth, and surrounding counties), PSN is actively used to “adopt” state gun cases into the federal system.
- The defendant’s criminal history. Federal prosecutors prioritize defendants with prior felony convictions, prior violent offenses, or prior drug trafficking convictions because these defendants face the longest mandatory minimums under federal law.
- Connection to drug trafficking or organized crime. If the firearm was seized in connection with a drug investigation, a gang investigation, or an organized crime case, federal prosecution is more likely.
- Interstate nexus. If the firearm was transported across state lines, purchased through a straw buyer, trafficked, or stolen from a federally licensed dealer, federal jurisdiction attaches.
- Dual sovereignty. Federal and state prosecutions for the same conduct are not double jeopardy. Under the separate sovereigns doctrine, the federal government and the state of Texas can both prosecute the same defendant for the same firearm possession. This means a defendant acquitted in state court can still be charged federally, and a defendant convicted in state court can face additional federal charges.
The Federal Gun Crime Statutes
18 U.S.C. §922(g): Felon in Possession
Section 922(g) is the most commonly charged federal gun offense. It prohibits firearm possession by nine categories of persons:
- (1) Convicted felons
- (2) Fugitives from justice
- (3) Unlawful users of or persons addicted to controlled substances
- (4) Persons adjudicated as mental defectives or committed to mental institutions
- (5) Illegal aliens
- (6) Persons dishonorably discharged from the military
- (7) Persons who have renounced U.S. citizenship
- (8) Persons subject to certain domestic violence restraining orders
- (9) Persons convicted of misdemeanor crimes of domestic violence
The base statutory penalty for a §922(g) violation is up to 10 years in federal prison. But the actual sentence depends heavily on the defendant’s criminal history and the application of sentencing enhancements.
A critical distinction from Texas law: Texas Penal Code §46.04 allows a convicted felon to possess a firearm at their own premises after five years from the completion of their sentence. Federal law has no such restoration. A defendant who legally possesses a firearm under Texas law at their own home may simultaneously be committing a federal felony under §922(g)(1). This state/federal conflict catches defendants off guard and is one of the most common paths into federal prosecution.
18 U.S.C. §924(c): Firearm Use During a Drug or Violence Crime
Section 924(c) imposes mandatory consecutive sentences for using, carrying, or possessing a firearm during and in relation to a drug trafficking crime or a crime of violence. The mandatory minimums are:
- 5 years for possessing a firearm during the offense
- 7 years for brandishing a firearm
- 10 years for discharging a firearm
- 30 years for a second or subsequent §924(c) conviction
These sentences are consecutive to the sentence for the underlying offense which means they stack on top, not concurrent. A defendant convicted of drug trafficking (10 years) and a §924(c) charge for possessing a firearm during the trafficking (5 years) faces a minimum of 15 years. If the firearm was brandished, the minimum rises to 17 years. If discharged, 20 years. And the judge has no discretion to impose less — the minimums are mandatory.
Section 924(c) also applies to certain firearms regardless of the circumstances: a short-barreled rifle, a short-barreled shotgun, or a semiautomatic assault weapon carries a minimum of 10 years. A machine gun, destructive device, or silencer carries a minimum of 30 years — or life if it is a second conviction.
18 U.S.C. §924(e): The Armed Career Criminal Act (ACCA)
The ACCA is one of the most severe sentencing enhancements in federal law. Under §924(e), a defendant convicted of felon in possession under §922(g) who has three or more prior convictions for violent felonies or serious drug offenses faces a mandatory minimum of 15 years in federal prison (up from the standard 10-year maximum). The maximum sentence under ACCA is life.
What qualifies as a “violent felony” or “serious drug offense” under ACCA has been the subject of extensive litigation. The Supreme Court’s decision in Johnson v. United States (2015) struck down ACCA’s “residual clause” as unconstitutionally vague, narrowing the definition of violent felony. Subsequent decisions including Sessions v. Dimaya (2018) and United States v. Davis (2019) continued to refine these definitions. The defense must carefully analyze each prior conviction to determine whether it qualifies as a predicate offense under the current case law. In many cases, convictions that prosecutors assumed were ACCA predicates do not actually qualify under the categorical approach or the modified categorical approach — and successfully challenging even one predicate removes the 15-year mandatory minimum entirely.
Other Federal Firearms Offenses
- 922(j): Possession of stolen firearms. Knowing possession of a stolen firearm that has traveled in interstate commerce. Up to 10 years.
- 922(k): Obliterated serial numbers. Possession of a firearm with an altered, removed, or obliterated serial number. Up to 5 years.
- 922(a)(1)(A): Dealing without a license. Engaging in the business of dealing firearms without a federal firearms license. Up to 5 years.
- 922(d): Transferring to a prohibited person. Knowingly selling or transferring a firearm to a person prohibited from possessing one. Up to 10 years.
- 930: Firearms in federal facilities. Possession of a firearm in a federal building. Up to 1 year (misdemeanor) or up to 5 years with intent to commit a crime.
- 922(g)(3): Drug user in possession. A person who is an unlawful user of or addicted to a controlled substance is prohibited from possessing a firearm. This subsection has been the subject of Second Amendment challenges following New York State Rifle & Pistol Association v. Bruen (2022), with several federal courts finding it unconstitutional. The legal landscape is evolving, and the defense should evaluate whether a Bruen challenge is viable in every §922(g)(3) case.
Federal Sentencing: The Guidelines System
Federal sentencing is governed by the United States Sentencing Guidelines (USSG), a complex system that calculates a recommended sentencing range based on the offense level and the defendant’s criminal history category. While the Guidelines are advisory after United States v. Booker (2005), federal judges consult them in every case, and most sentences fall within or near the Guidelines range.
How the Guidelines Work in Gun Cases
The base offense level for a §922(g) felon-in-possession charge under USSG §2K2.1 depends on the circumstances: if the firearm was possessed in connection with another felony offense, the offense level increases significantly. Specific offense characteristics (number of firearms, type of firearm, stolen firearm, obliterated serial number, use in connection with another offense) add or subtract levels. The defendant’s criminal history is scored on a six-category scale (Category I through VI), and the intersection of the offense level and criminal history category produces the Guidelines sentencing range.
For example, a defendant with a Criminal History Category III convicted of felon in possession of a single handgun with no aggravating factors might face a Guidelines range of 21–27 months. The same defendant with a stolen firearm, an obliterated serial number, and connection to a drug offense could face a range of 70–87 months. The same defendant with three ACCA predicates faces a mandatory minimum of 180 months (15 years) regardless of the Guidelines calculation.
Case Results
Departures and Variances
The defense can argue for a sentence below the Guidelines range through a departure (based on a specific Guidelines provision, such as §5K1.1 for substantial assistance to the government) or a variance (based on the 18 U.S.C. §3553(a) factors, which include the nature of the offense, the defendant’s history and characteristics, the need for the sentence to reflect the seriousness of the offense, and the need to avoid unwarranted sentencing disparities).
Substantial assistance departures (§5K1.1) require the government to file a motion stating that the defendant has provided substantial assistance in the investigation or prosecution of another person. This is the most common path to a sentence below a mandatory minimum in federal gun cases. The decision to file a §5K1.1 motion is solely within the government’s discretion, which gives the defense a powerful incentive to negotiate cooperation agreements early in the case.
Variances under §3553(a) allow the defense to present mitigation evidence (ex. the defendant’s background, trauma, mental health, employment, family responsibilities, rehabilitation potential) to argue that a below-Guidelines sentence is sufficient but not greater than necessary. This is where the mitigation investigation we conduct in all serious federal cases becomes critical.
Defense Strategies in Federal Gun Cases
Challenging the Search and Seizure
The Fourth Amendment applies with full force in federal prosecutions. If the firearm was discovered through an unlawful traffic stop, an invalid warrant, a consent search that was not voluntary, or a Terry frisk that exceeded its lawful scope, the defense can move to suppress the firearm under the federal exclusionary rule. While the federal rule includes good-faith exceptions that Texas Article 38.23 does not, suppression remains the most powerful defense in federal gun cases. If the gun is suppressed, the case is over.
Challenging the Predicate Conviction
For §922(g)(1) (felon in possession), the prosecution must prove that the defendant was convicted of a “crime punishable by imprisonment for a term exceeding one year.” For ACCA, the prosecution must prove three prior “violent felonies” or “serious drug offenses.” The defense can challenge whether the prior convictions actually qualify as predicates under the categorical approach established in Taylor v. United States (1990) and refined by Descamps v. United States (2013). This is highly technical work that requires analyzing the elements of the prior offense statute, the record of conviction, and the applicable federal case law. Successfully disqualifying even one ACCA predicate eliminates the 15-year mandatory minimum.
Second Amendment Challenges After Bruen
The Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen (2022) established that firearm regulations must be consistent with the historical tradition of firearm regulation in the United States. Since Bruen, defendants have challenged the constitutionality of §922(g) as applied to various categories of prohibited persons, particularly §922(g)(3) (drug users) and §922(g)(8) (restraining order subjects). Several federal courts have found these provisions unconstitutional as applied. The Fifth Circuit (which covers Texas) is actively developing its post-Bruen jurisprudence, and the defense should evaluate whether a constitutional challenge is viable in every federal gun case.
Challenging “Possession”
The prosecution must prove that the defendant knowingly possessed the firearm. Possession can be actual (on the defendant’s person) or constructive (in a location the defendant controlled and knew about). Constructive possession is frequently contested: if the firearm was found in a shared residence, a shared vehicle, or a location accessible to multiple people, the prosecution must prove that the defendant, and not someone else, had dominion and control over the firearm and knowledge of its presence. The defense can present evidence that other individuals had equal or greater access to the location and that the defendant did not know the firearm was there.
Challenging the Interstate Commerce Element
Federal firearms statutes require proof that the firearm traveled in or affected interstate commerce. This element is typically proven through the testimony of an ATF agent who traces the firearm’s manufacturing history and shows it was manufactured outside Texas or crossed state lines at some point. While this element is usually provable, it must be established, and the defense should hold the prosecution to its burden.
Federal Gun Cases in the Northern District of Texas
Federal gun cases in North Texas are prosecuted by the United States Attorney’s Office for the Northern District of Texas, which covers 100 counties from Dallas–Fort Worth to Lubbock, Amarillo, and Abilene. Cases in the Dallas Division are heard at the Earle Cabell Federal Building (1100 Commerce Street, Dallas). Cases in the Fort Worth Division are heard at the Eldon B. Mahon United States Courthouse (501 W. 10th Street, Fort Worth).
The Northern District has been one of the most active districts in the country for Project Safe Neighborhoods prosecutions. Local law enforcement agencies (Dallas PD, Fort Worth PD, Tarrant County Sheriff, and others) work closely with ATF and the U.S. Attorney’s Office to identify defendants for federal prosecution. The result is a steady pipeline of state gun cases being “adopted” into the federal system, where the sentences are significantly longer.
Understanding how the Northern District operates (which assistant U.S. attorneys handle gun cases, how the office makes charging decisions, what the local judges’ sentencing tendencies are, and how the probation office calculates Guidelines ranges) is essential for effective federal defense. James Lee Bright has practiced in the Northern District throughout his federal defense career and brings that institutional knowledge to every case.
Federal Gun Crime Defense at Deandra Grant Law
Federal gun cases are fundamentally different from state gun cases. The mandatory minimums are longer. The sentencing system is more complex. The prosecutors have more resources. And the consequences (ex. federal prison, supervised release, lifetime firearms prohibition) are more severe. A defense attorney who practices primarily in state court is not equipped to handle these cases.
James Lee Bright, our Federal Defense Attorney, leads Deandra Grant Law’s federal firearms defense practice. Lee has dedicated his career to federal criminal defense in the Northern and Eastern Districts of Texas. He understands the federal sentencing guidelines, the ACCA predicate analysis, the post-Bruen constitutional landscape, and the practical dynamics of how the Northern District prosecutes gun cases.
With offices in Dallas, Fort Worth, Allen, Denton, Waco, and Rockwall, we defend federal gun cases across the Northern and Eastern Districts of Texas. Call (214) 225-7117 or visit texasdwisite.com for a confidential consultation.
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