Beyond State Lines: Federal Weapon Crimes Defense in Austin, Texas

A traffic stop. A routine search. A firearm discovered. You assume it’s a state charge—maybe a misdemeanor, maybe a felony, but something handled in Travis County. Then the call comes: the case is being taken federally. Now you face federal prosecutors, federal judges, and federal sentencing guidelines. The stakes are higher. The resources against you are immense. And the rules are different. A conviction can mean years in federal prison, with no parole and mandatory minimum sentences.

At Barton & Associates, Attorneys at Law, we defend clients throughout Austin and Central Texas against federal weapon crimes. From the neighborhoods of Central Austin to the communities of Round Rock, Cedar Park, Lakeway, Kyle, and Dripping Springs, our attorneys bring decades of experience to federal criminal defense. We understand that federal cases require a different approach—more resources, more investigation, and a deep understanding of federal law and sentencing. We know how to challenge federal investigations, negotiate with federal prosecutors, and defend clients in federal court.

Whether you are facing charges of felon in possession, drug trafficking with a firearm, or any other federal weapon crime, we provide the strategic guidance and aggressive representation you need to protect your freedom.

Understanding Federal Weapon Crimes

Federal weapon crimes are prosecuted by the United States Attorney’s Office in federal court. The penalties are often more severe than state penalties, and there is no parole in the federal system.

Common Federal Weapon Crimes:

• Felon in Possession (18 U.S.C. § 922(g)): Any person convicted of a felony who possesses a firearm or ammunition. This is a lifetime prohibition. Penalty: Up to 10 years in federal prison.

• Possession of a Firearm by a Drug User (18 U.S.C. § 922(g)(3)): Any person who is an unlawful user of or addicted to a controlled substance who possesses a firearm. Penalty: Up to 10 years.

• Possession of a Firearm in Furtherance of a Drug Trafficking Crime (18 U.S.C. § 924(c)): Using or carrying a firearm during and in relation to a drug trafficking crime. This carries a mandatory minimum sentence—5 years for the first offense, 25 years for a second—that must run consecutively to any other sentence.

• Unlawful Possession of a Machine Gun or Other Prohibited Weapon: Possession of machine guns, short-barreled rifles, silencers, and other weapons regulated by the National Firearms Act.

• Interstate Travel to Commit a Crime: Traveling across state lines with a firearm to commit a crime.

• Firearms Trafficking: Buying and selling firearms across state lines.

For families in Austin, a federal weapon crime can mean years in federal prison with no possibility of parole.

What Is the Federal Penalty for Felon in Possession?

Felon in possession under federal law is a serious offense with severe penalties.

The Statute:

18 U.S.C. § 922(g) prohibits any person convicted of a felony from possessing any firearm or ammunition.

The Penalty:

• Up to 10 years in federal prison

• Fine of up to $250,000

• Supervised release (federal probation) after prison

No Parole:

The federal system has no parole. Whatever sentence is imposed, you must serve at least 85% of it.

Mandatory Minimums:

In some cases—such as if the firearm was stolen or if you have prior convictions—mandatory minimum sentences apply.

State vs. Federal:

A felon in possession charge can be prosecuted in either state or federal court. Federal prosecutors often take cases that involve:

• Prior federal convictions

• Multiple prior felonies

• Firearms with interstate connections

• Cases where state prosecutors decline to prosecute

For families in Austin, a federal felon in possession charge can mean a decade in federal prison.

How to Defend a Federal Weapon Crime

Defending against a federal weapon crime requires a strategic approach. The federal system has different rules, different procedures, and different resources.

Defense 1: Challenge the Underlying Prohibition

If you are charged with felon in possession, your attorney can challenge:

• Whether the underlying conviction is actually a felony

• Whether the conviction has been expunged or set aside

• Whether your civil rights have been restored

• Whether you received a pardon

Defense 2: Challenge the Search

Federal cases often rely on evidence obtained through searches. Your attorney can challenge:

• Whether the search warrant was supported by probable cause

• Whether the warrant was properly executed

• Whether the search was a warrantless search that violated the Fourth Amendment

Defense 3: Challenge Possession

The government must prove you knowingly possessed the firearm. Your attorney can argue:

• The firearm belonged to someone else

• You did not know the firearm was there

• You had no control over the firearm

Defense 4: Challenge the Firearm

The government must prove the object is a firearm under federal law. Your attorney can argue:

• The object is not a firearm (antique, replica, inoperable, etc.)

• The object was not designed to expel a projectile

Defense 5: Entrapment

If the case arose from a sting operation, your attorney can argue you were induced to commit a crime you would not otherwise have committed.

Defense 6: Negotiate a Favorable Resolution

In federal court, most cases resolve through plea agreements. Your attorney can negotiate:

• A lower sentence

• A reduction in charges

• A recommendation for a below-guidelines sentence

For families in Austin, a strong defense requires an attorney who understands federal court.

The 924(c) Enhancement: The Most Dangerous Federal Weapon Charge

18 U.S.C. § 924(c) is one of the most powerful tools federal prosecutors have. It carries mandatory minimum sentences that must run consecutively—stacked on top of any other sentence.

What 924(c) Covers:

• Using or carrying a firearm during and in relation to a drug trafficking crime

• Possessing a firearm in furtherance of a drug trafficking crime

The Penalties:

• First offense: 5 years mandatory minimum

• Second offense: 25 years mandatory minimum

• If the firearm was brandished: 7 years

• If the firearm was discharged: 10 years

• If the firearm was a machine gun or had a silencer: 30 years

How It Works:

If you are charged with drug trafficking and you had a firearm, prosecutors can add a 924(c) count. Even if you plead to the drug charge, the 924(c) count carries a mandatory sentence that must be served consecutively—meaning you serve that time after your drug sentence.

Defending 924(c):

• No “in relation to”: The firearm must be connected to the drug trafficking. If the firearm was in a different room, in a locked safe, or unrelated to the drug activity, the 924(c) may not apply.

• No “in furtherance of”: The firearm must further the drug trafficking. Mere possession is not enough.

• No “use or carry”: If the firearm was not used or carried during the drug crime, the 924(c) may not apply.

For families in Austin, a 924(c) charge can add years of mandatory time to your sentence.

The Federal Sentencing Guidelines

Federal sentencing is determined by the Federal Sentencing Guidelines. Unlike state court, where judges have broad discretion, federal judges must calculate the guidelines range and consider it when imposing sentence.

How the Guidelines Work:

• Each offense has a base offense level

• Enhancements add levels (number of firearms, type of firearm, prior convictions, etc.)

• The defendant’s criminal history category is calculated

• The offense level and criminal history category determine the guidelines range

Examples:

• A felon in possession with one prior felony might have a guidelines range of 24-30 months

• A felon in possession with multiple prior felonies might have a range of 46-57 months

• A 924(c) charge adds a mandatory 60 months that is not calculated in the guidelines

Departures and Variances:

The judge can sentence below the guidelines if:

• The guidelines overstate the seriousness of the offense

• The defendant provided substantial assistance to the government (5K1.1 motion)

• There are other mitigating factors

For families in Austin, understanding the guidelines is essential to predicting your sentence.

Federal vs. State: Why It Matters

Whether your case is prosecuted in state or federal court can dramatically affect the outcome.

Key Differences:

Why Federal Prosecutors Take Cases:

• Firearms crossed state lines

• Defendant has prior federal convictions

• Case involves drug trafficking

• Firearm was a machine gun or other restricted weapon

• State prosecutors decline to prosecute

For families in Austin, a federal prosecution is a different world—with higher stakes.

The Investigation: How Federal Cases Begin

Federal weapon cases often begin with investigations by the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives), FBI, or other federal agencies.

Common Entry Points:

• Traffic Stops: Local police stop a vehicle; ATF adopts the case

• Search Warrants: ATF executes a warrant on a home or business

• Confidential Informants: Cooperating witnesses provide information

• Interstate Travel: Firearms purchased in one state and transported to another

• Online Purchases: Firearms purchased online and shipped across state lines

What to Do If You Are Under Investigation:

• Do not speak with investigators

• Do not consent to searches

• Contact an experienced federal defense attorney immediately

For families in Austin, the investigation stage is when you can most effectively influence the outcome.

Frequently Asked Questions About Federal Weapon Crimes in Austin, Texas

When clients come to our office—whether from Austin’s central neighborhoods, the suburbs to the north and south, or the Hill Country communities—they often have questions about federal weapon crimes. Here are the answers to the most common inquiries we receive.

What is the difference between a state and federal weapon crime?

State weapon crimes are prosecuted in Texas state courts under Texas law. Federal weapon crimes are prosecuted in federal court under federal law. Federal penalties are often more severe, and there is no parole in the federal system.

Can I be prosecuted for the same firearm in both state and federal court?

Yes. State and federal governments are separate sovereigns, and you can be prosecuted by both for the same conduct.

What is a 924(c) charge?

18 U.S.C. § 924(c) charges using or carrying a firearm during a drug trafficking crime. It carries mandatory minimum sentences that must run consecutively to any other sentence.

Is there parole in the federal system?

No. There is no parole in the federal system. Whatever sentence is imposed, you must serve at least 85% of it.

What is the federal sentencing guidelines?

The Federal Sentencing Guidelines are a system for calculating recommended sentences based on the offense and the defendant’s criminal history. Judges must consider the guidelines when imposing sentence.

Do I need a federal defense attorney?

Yes. Federal court is a different system with different rules, different procedures, and higher stakes. You need an attorney who understands federal court and has experience defending federal weapon crimes.

What should I do if I am contacted by federal investigators?

Do not speak with them. Do not consent to searches. Contact an experienced federal defense attorney immediately.

Why Barton & Associates for Federal Weapon Crimes in Austin

Federal weapon crimes require attorneys who understand the federal system, the sentencing guidelines, and the strategies for defending against federal charges. The attorneys at Barton & Associates bring decades of experience to federal criminal defense, helping clients protect their freedom in the most challenging forum.

We are deeply rooted in the Austin legal community. We have handled federal weapon cases in the Western District of Texas for decades and understand the local federal prosecutors, the ATF, and the federal judges. This local knowledge allows us to advise clients accurately and advocate effectively.

We are also committed to a client-centered approach. We take the time to understand your case, your goals, and your concerns. We explain your options in clear, straightforward language, and we provide honest advice about the best path forward.

Take the First Step Toward Protecting Your Freedom

If you are facing a federal weapon crime charge, your freedom is on the line. Federal court has no parole. Mandatory minimums can add years to your sentence. The resources against you are immense. Do not wait. The sooner you have an experienced federal defense attorney on your side, the better your chances of a favorable outcome. At Barton & Associates, we are here to fight for you.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced federal criminal defense attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you protect your rights and your future.

Main Category: Criminal Defense Austin
Practice Area Category: Weapon Crimes
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)