Gun laws in the United States operate on both state and federal levels, often overlapping in complex ways. In Texas, where gun ownership is common and constitutionally protected, understanding how these laws differ — and when they collide — is essential. What might seem like a simple firearm possession charge can quickly escalate into a federal case depending on the facts, the weapon involved, or where the alleged crime occurred.
Whether you’ve been arrested for unlawful possession, accused of trafficking weapons, or caught with a firearm during another alleged crime, knowing the difference between state and federal gun charges and laws can help you better understand your situation — and better choose strong legal representation to protect your life.
If you’re facing any kind of gun-related charge in Texas, call Guzman Law Firm today at (956) 516-7198. Our team knows how to navigate both state and federal courts and can fight to protect your rights at every step.
Are gun charges federal or state?
Gun charges can be prosecuted at either the state level, the federal level, or both — depending on the nature of the offense, who’s involved, and where it occurs.
State-level gun charges in Texas are generally based on violations of the Texas Penal Code, Chapter 46, which covers a wide range of firearm-related crimes. Examples include:
- Unlawful Carrying of a Weapon (UCW) under §46.02, which makes it a crime to carry a handgun without a license in certain places or circumstances.
- Unlawful Possession of a Firearm by a Felon under §46.04, which applies to individuals with prior felony convictions found in possession of a firearm within five years of release.
- Possession of a Prohibited Weapon, such as a machine gun or silencer, under §46.05.
Texas tends to have some of the most firearm-friendly laws in the nation, but that doesn’t mean violations are taken lightly. State prosecutors can pursue serious penalties — including multi-year prison terms — for those convicted of illegal possession, sale, or use of firearms.
Federal gun charges, on the other hand, are governed primarily by laws such as the Gun Control Act of 1968 and the National Firearms Act (NFA). The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is the main federal agency responsible for enforcing these regulations.
Federal charges are typically triggered when a firearm offense involves interstate activity, restricted weapons, or certain types of defendants — such as felons, undocumented individuals, or those subject to restraining orders.
What is the difference between state and federal gun laws?
The biggest difference lies in who prosecutes the case and what laws apply:
| State charges are prosecuted by district attorneys under state law and often deal with individual possession or local use. | Federal charges are prosecuted by U.S. Attorneys under federal law and often involve cross-state conduct, organized crime, or violations of federally regulated weapons statutes. |
| In short: if your case involves a local offense, it’s likely state. But if your firearm case crosses into interstate commerce, federal property, or involves federally restricted weapons, the feds can step in. | |
Examples of what makes a gun case go federal
Even in Texas, where state law covers most gun cases, federal prosecutors can take jurisdiction if certain triggers are met. Here are a few hypothetical examples illustrating when a case might “go federal”:
Crossing state lines with firearms
Suppose a person drives from Texas to Louisiana with several unregistered short-barreled rifles to sell to buyers. Because the weapons were transported across state lines and are regulated under federal law, the ATF could take the case — turning what might’ve been a state offense into a federal trafficking charge.
Felon in possession of a firearm (18 U.S.C. § 922(g))
A Texas resident with a prior felony conviction is found with a firearm during a traffic stop. While Texas can prosecute this under state law, federal prosecutors may take over if the gun or ammunition moved through interstate commerce — which almost all do.
Guns used in drug trafficking or violent crime (18 U.S.C. § 924(c))
If a firearm is used or carried during a drug trafficking offense or violent felony, federal law applies automatically. For instance, a person caught selling narcotics while armed could face mandatory minimum prison time under §924(c), even if the underlying crime took place entirely within Texas.
Possession of restricted or unregistered firearms
The National Firearms Act regulates certain weapons — such as machine guns, silencers, and sawed-off shotguns. If someone in Texas owns or sells an unregistered silencer, they could face a federal indictment, regardless of whether state authorities press charges.
Firearm sales without a federal license (18 U.S.C. § 922(a))
A person selling guns online or at gun shows without a Federal Firearms License (FFL) could face federal prosecution if those sales are deemed to be part of an ongoing business.
Each of these situations involves a federal nexus — interstate activity, federally regulated weapons, or violations of national statutes — which gives U.S. prosecutors jurisdiction.
What is the minimum sentence for a federal gun charge?
Federal gun charges carry some of the harshest penalties in criminal law, often involving mandatory minimum sentences that judges cannot reduce.
| Federal gun charges | Sentences |
| Felon in possession of a firearm | Up to 10 years in federal prison |
| Possessing or using a firearm during a drug trafficking or violent crime | Mandatory minimum of 5 years, in addition to any other sentencing |
| Possession of a stolen firearm | Up to 10 years in federal prison |
| Unlawful sale or transfer of firearms | Up to 5 years per count |
Federal judges rarely have discretion to go below these mandatory minimums, and federal prisons do not offer parole — meaning defendants typically serve at least 85% of their sentence.
How much jail time for a silencer?
Possession of an unregistered silencer (suppressor) under the National Firearms Act is a serious federal offense. Each violation can result in:
- Up to 10 years in federal prison
- Fines up to $250,000
- Permanent loss of the right to own firearms
Even if the silencer was never used, simply possessing or transferring one without proper registration can trigger federal prosecution.
Why you should hire an experienced gun charge lawyer
Having an attorney experienced in both state and federal criminal defense can make all the difference. Gun cases, even for first-time offenders, often hinge on complex procedural details — search warrants, interstate elements, or firearm registration records — that determine whether a case stays in state court or moves to federal court.
An experienced Texas gun charge lawyer will:
- Challenge the legality of searches or seizures that uncovered the firearm.
- Argue against federal jurisdiction if the case lacks a clear interstate connection.
- Negotiate with prosecutors to reduce charges or penalties.
- Advise you on plea options and potential sentencing exposure.
- Protect your constitutional rights at every stage of the process.
At Guzman Law Firm, we know how the federal government builds firearm cases — and how to dismantle them. From unlawful possession to weapons trafficking, we’re ready to defend you with precision, experience, and strategy.
Call Guzman Law Firm to protect your rights
Both state and federal gun charges can change your life in an instant. A single firearm possession case can escalate into years behind bars if handled poorly or prosecuted in federal courts.
If you’re under investigation, have been arrested, or think your gun case might become federal, don’t wait. The earlier you get an attorney involved, the better your defense will be.
Call Guzman Law Firm today at (956) 516-7198 to schedule a confidential consultation. We’ll walk you through your options, explain your rights, and fight to protect your freedom — no matter which court your case lands in.
More Helpful Articles by Guzman Law Firm:
- How Prosecutors Use Text and Phone Records in Smuggling Cases
- How Black Box Data Can Aid Your Truck Accident Case
- Was Your DWI Stop Legal? How to Spot an Unlawful Traffic Stop in Texas
- Border Checkpoints in Texas: What Are Your Rights?
- How to Challenge DWI Blood Test Results
