If you’ve been charged with firearm trafficking in Texas, you’re facing a potentially life-altering legal situation that requires immediate attention. These charges carry some of the most severe penalties in the Texas criminal justice system, involving both state and federal prosecution possibilities.
Under Texas law, these offenses can be classified as either:
- Third-degree felonies (2 – 10 years imprisonment); or
- Second-degree felonies (2 – 20 years) in aggravated cases.
Federal charges are equally serious, with penalties ranging from 10 – 15 years in federal prison, substantial fines up to $250,000, and mandatory asset forfeiture. Additional charges like conspiracy can further increase sentence lengths.
If you’re currently facing firearm trafficking charges, you need a lawyer for gun trafficking charges in Texas who understands both state and federal firearms laws immediately. Call (956) 516-7198 or contact Guzman Law Firm online for a confidential consultation to discuss your defense options and protect your future.
What is considered gun trafficking?
Under Texas Penal Code Section 46.14, the state refers to the offense as “Firearm Smuggling” rather than trafficking. A person commits this offense when they “knowingly engage in the business of transporting or transferring a firearm that the person knows was acquired in violation of the laws of any state or of the United States.”
To be convicted, the prosecutors must prove that you:
- Knowingly engaged in the business
- Acquired the firearms illegally
- Intended to transfer the firearms to others
By default, firearm smuggling/trafficking is charged as a third-degree felony with a maximum fine of up to $10,000 and prison time of up to 10 years. However, if the case involves three or more firearms in a single criminal episode, it’s elevated to a second-degree felony with potential prison time of up to 20 years.
What is the penalty for gun trafficking?
If you’re facing weapon smuggling charges in Texas, you’re confronting a complex legal landscape with penalties that can vary dramatically based on several factors, including:
- Whether you’re charged under state or federal law
- The number of firearms involved
- Your criminal history
- Whether there are aggravating circumstances
Both Texas and federal authorities take gun trafficking extremely seriously, viewing it as a significant threat to public safety and a contributor to other violent crimes. Here’s what to expect if you’re convicted:
Jailtime
Being convicted of firearm trafficking in Texas typically results in substantial incarceration. Under Texas state law, firearm smuggling is classified as a third-degree felony, carrying a prison sentence of 2 – 10 years. However, this can quickly escalate to a second-degree felony (2–20 years imprisonment) if three or more firearms were involved in a single criminal episode. Your sentence may be enhanced further if you have prior felony convictions or if any of the weapons were used in violent crimes.
Federal penalties are even more severe, with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) aggressively prosecuting these cases. Under federal statutes, firearm trafficking convictions commonly result in sentences ranging from 5–15 years, but could extend to 25 years or more in aggravated cases involving large quantities of weapons, interstate transportation, or if you stole the firearm before trafficking it. Federal sentencing guidelines also provide for sentence enhancements if the firearms were destined for use in other crimes.
Fines
Financial penalties for gun trafficking can be devastating to your economic future. Texas state courts can impose fines up to $10,000 for second- and third-degree felonies. These fines are often imposed in addition to, not instead of, jail time.
Federal fines for firearm trafficking are, however, substantially higher, potentially reaching $250,000 for individuals and up to $500,000 for organizations. If your case involves violations of multiple federal statutes, such as unlawful carrying of a weapon, Texas felony charges, or additional illegal firearm possession offenses, fines can multiply for each count. In cases with multiple firearms or where trafficking crossed state lines, courts routinely impose the maximum financial penalties to serve as a deterrent.
Asset forfeiture
Beyond fines, asset forfeiture represents one of the most financially destructive consequences of gun trafficking charges. Under both Texas and federal law, authorities can seize virtually any property connected to the trafficking operation. This includes not only the firearms themselves but also vehicles used to transport them, money derived from sales, and even real estate where transactions occurred.
Texas law enforcement agencies are increasingly using civil asset forfeiture proceedings in firearms cases, sometimes even before criminal charges are finalized. Under these proceedings, the burden of proof is lower than in criminal cases, making it easier for the government to permanently confiscate your property. Even if you’re ultimately acquitted of criminal charges, recovering seized assets can be extraordinarily difficult without experienced legal representation who understands Texas brandishing law and related weapons statutes.
Additional consequences
The collateral consequences of a gun trafficking conviction extend far beyond jail time and financial penalties. As a convicted felon, you’ll permanently lose your right to own or possess firearms under both state and federal law. Employment opportunities become severely limited, as many employers refuse to hire individuals accused of gun crimes, particularly felony weapons offenses.
Professional licenses are typically revoked or denied, including licenses to work in security, education, healthcare, and many other fields. Immigration consequences can be particularly severe, as firearm trafficking is considered an aggravated felony under immigration law, potentially leading to deportation for non-citizens regardless of their legal status. Additionally, social stigma and damage to your reputation in the community can persist long after any formal sentence has been completed, affecting personal relationships and your ability to reintegrate into society.
Firearm trafficking in Texas — FAQs
Is Texas a gun-friendly state?
Yes, Texas is generally considered a gun-friendly state with relatively permissive firearms laws. Texas allows open carry of handguns with a proper license, has strong castle doctrine and stand-your-ground protections, and maintains fewer restrictions on gun ownership than many other states. However, the state still takes gun crimes very seriously, imposing substantial penalties for firearms trafficking, illegal possession, and the use of weapons in the commission of crimes.
How is federal firearm trafficking prosecuted differently from state charges in Texas?
Federal gun trafficking cases often involve interstate firearms, organized groups, or ties to serious crimes like drug trafficking. These cases carry harsher penalties, strict sentencing with limited discretion, and are prosecuted by well-resourced ATF agents and U.S. Attorneys. Unlike state cases, federal convictions often mean mandatory minimums and serving at least 85% of the sentence.
Can I still face gun trafficking charges if I didn’t know the firearms were illegally acquired?
Knowledge that the firearms were illegally acquired is a required element of the offense that prosecutors must prove beyond reasonable doubt. However, courts often allow this knowledge to be established through circumstantial evidence such as unusually low prices, removed serial numbers, or suspicious transaction circumstances. Claiming ignorance alone usually isn’t enough, so experienced defense counsel is key to challenging the prosecution’s evidence about your alleged knowledge of the firearms’ illegality.
Don’t face firearms charges unarmed — call Guzman Law Firm today!
Firearm trafficking/smuggling in Texas carries severe consequences that can permanently alter your life, from lengthy prison sentences to crippling financial penalties. The complexity of these cases — often involving both state and federal charges — demands representation from an attorney with specific experience in weapons offenses and a thorough understanding of both Texas and federal firearms laws.
Attorney Javier Guzman of Guzman Law Firm offers experienced defense for clients facing firearm smuggling charges. As a federal lawyer in San Antonio/Laredo with extensive experience in both state and federal courts, Mr. Guzman understands the nuances of these complex cases and the strategies prosecutors use when pursuing weapons charges.
Don’t risk your future by attempting to navigate these serious charges alone. The consequences are simply too severe. Contact Guzman Law Firm today at (956) 516-7198 for a confidential consultation to discuss your case and begin building your defense strategy. When your freedom is at stake, having the right legal representation isn’t optional — it’s essential.
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