Federal vs. State Jurisdiction in Texas Gun Cases

Federal vs. State Jurisdiction in Texas Gun Cases

Gun laws in Texas are complex and can involve both state and federal authorities. As criminal defense attorneys in Galveston, we know how critical it is for individuals facing gun-related charges to understand which laws apply and how jurisdiction affects their cases. Federal and state laws often overlap, but they also differ in important ways, especially when it comes to enforcement, penalties, and constitutional protections. Many criminal cases begin as state charges but can escalate to federal court if specific factors are present. This distinction plays a significant role in how charges are prosecuted and the defense strategies we use in court. We help clients understand these legal differences and fight for their rights under Texas and federal law.

What Is Federal Jurisdiction In Texas Gun Cases?

Federal jurisdiction in gun cases arises when an individual allegedly violates federal statutes related to firearms. Federal cases often involve serious charges with more severe penalties than state cases. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) typically handles federal gun crime investigations.

Some situations that may trigger federal jurisdiction include:

• Possession of a Firearm by a Prohibited Person – Under 18 U.S.C. § 922(g), it is a federal crime for certain individuals, such as convicted felons or those under domestic violence protective orders, to possess a firearm.
• Interstate Firearm Sales/Transfers – Under federal law, all firearm sales and/or transfers from state to state, which would include private sales amongst parties, must go through a licensed dealer. A licensed dealer means having a Federal Firearms License. Selling firearms without this license can lead to very harsh penalties under federal law.
• Possession of Restricted Firearms – Texas is more lenient on this issue, however, federal law strictly prohibits certain types of weapons, such as fully automatic weapons, silencers/suppressors, short-barreled rifles, etc.

Federal courts have their own rules and procedures, which are often stricter than state courts, and penalties can be more severe.

What Is State Jurisdiction In Texas Gun Cases?

Texas state jurisdiction covers gun crimes that violate state laws. State authorities, such as local police and county prosecutors, typically handle these cases. Texas gun laws are governed by the Texas Penal Code, particularly Chapter 46.

Common state gun offenses include:

• Unlawful Carrying of a Weapon (UCW) – Texas Penal Code § 46.02 makes it illegal to carry a handgun without a proper license under certain conditions, such as being intoxicated or carrying in a prohibited place.
• Unlawful Possession by a Felon – Texas Penal Code § 46.04 prohibits felons from possessing firearms, with the exception that after five years of their release from confinement or supervision, they may have a firearm in the confines of their home only.
• Firearm Possession in Prohibited Places – Texas Penal Code § 46.03 makes it illegal to possess firearms in certain places, such as schools, polling stations, and airports.

Texas penalties focus on fines, probation, and imprisonment in state facilities. However, Texas law can be strict, especially in repeat offenses or cases involving violence.

Key Differences Between Federal And State Jurisdiction In Texas Gun Cases

The main differences between federal and state jurisdiction include how cases are prosecuted and the penalties imposed. Here are some important distinctions:

• Jurisdictional Authority – Federal cases are prosecuted by U.S. Attorneys and involve federal agencies like the ATF. State cases are prosecuted by local district attorneys.
• Penalties – Federal penalties are often harsher. The penalty will be based on the violation of federal law the government alleged but generally is much harsher than the penalty for violation of state law.
• Constitutional Protections – While both systems protect constitutional rights, federal courts often apply stricter evidentiary standards.
• Investigative Bodies – Federal cases often involve federal agencies like the FBI or ATF, while state cases typically involve local law enforcement.

When Does A Gun Crime Become A Federal Case?

Gun crimes often begin as state charges but can escalate to federal cases when specific conditions are met. Some factors that may result in federal jurisdiction include:

• Crossing State Lines – If a firearm is transported across state lines or purchased in another state without proper licensing.
• Use During a Federal Crime – If a gun is used during a federal crime, such as drug trafficking or robbery.
• Prohibited Persons – When a prohibited person under federal law possesses a firearm, such as a fugitive, illegal alien, or convicted felon.

Legal Defenses In Texas Gun Cases

We use several defense strategies to protect our clients in gun cases, whether they face federal or state charges. Some legal defenses include:

• Lack of Possession – The firearm must be in the individual’s control or possession to secure a conviction.
• Fourth Amendment Violations – Unlawful searches and seizures can lead to evidence being suppressed.
• License Compliance – If the defendant had the proper license or met Texas’ open carry requirements, charges could be dismissed.

How We Can Help Defend Your Gun Case In Texas

At Mark Diaz & Associates, we defend clients facing both federal and state gun charges in Texas. Our legal team understands the complexities of both court systems and how to build strong defenses tailored to each case. We fight to protect your constitutional rights and work to minimize the consequences you face.

FAQ’s About Federal Vs. State Jurisdiction In Texas Gun Cases

What Is the Difference Between Federal and State Gun Laws in Texas?

Federal gun laws apply to offenses that cross state lines or involve federal statutes, such as possessing a firearm as a prohibited person under 18 U.S.C. § 922(g). State laws, such as Texas Penal Code § 46.02, focus on local gun-related offenses like unlawful carrying of a weapon. Federal criminal convictions result in harsher punishments, such as mandatory minimum prison sentences. Understanding which jurisdiction applies is crucial because it affects how cases are prosecuted and defended. An attorney familiar with both systems can help identify the key differences and how they apply to your case.

Can I Be Prosecuted in Both State and Federal Court for the Same Gun Crime?

Yes, it is possible to be prosecuted in both state and federal court for the same gun crime due to the “dual sovereignty doctrine.” This legal principle allows both state and federal governments to pursue separate prosecutions for the same conduct without violating the Fifth Amendment’s protection against double jeopardy. For example, if someone possesses a firearm unlawfully under both Chapter 46 of the Texas Penal Code and 18 U.S.C. § 922(g), both jurisdictions could bring charges. This often results in more severe consequences, as federal sentences can be longer and have fewer opportunities for parole.

What Happens If a Federal Charge Is Dropped?

If federal charges are dropped, state authorities may still pursue charges if the conduct also violated Texas law. For example, if a federal gun possession charge under 18 U.S.C. § 922(g) is dismissed, the defendant may still face state prosecution under Chapter 46 of the Texas Penal Code, which governs unlawful possession of a firearm by a felon. The decision to drop federal charges often depends on evidentiary issues, plea deals, or jurisdictional conflicts. A skilled defense attorney can argue for dismissal in both courts when appropriate and fight for the best possible outcome.

Do Texas Gun Laws Apply to All Firearms?

Yes, Texas gun laws apply to all firearms, but certain weapons face additional restrictions under both state and federal law. For example, machine guns, short-barreled shotguns, and suppressors are heavily regulated under the National Firearms Act (26 U.S.C. § 5845) and require special registration. Texas Penal Code § 46.05 also restricts the possession of specific types of weapons, including explosive devices and armor-piercing ammunition. If a person possesses these firearms without proper licensing, they could face both state and federal charges, resulting in severe penalties.

What Are The Penalties For Federal Gun Crimes?

Federal gun crime penalties vary widely but can be extremely severe. For example, a conviction for possession of a firearm by a prohibited person under 18 U.S.C. § 922(g) can result in up to 10 years in prison. Additionally, using a firearm during a violent crime or drug trafficking under 18 U.S.C. § 924(c) carries a mandatory minimum of five years in prison, which must run consecutively to other sentences. Federal sentencing guidelines often limit the possibility of parole, making defense strategies critical to avoid harsh outcomes.

Can A State Gun Case Escalate To Federal Court?

Yes, a state gun case can escalate to federal court if certain elements are involved. If a firearm was transported across state lines, used during a drug trafficking offense, or possessed by a prohibited person under federal law, the case could be prosecuted federally. For example, a state charge under Texas Penal Code § 46.02 for unlawful carrying of a weapon could become a federal case if the firearm was purchased in another state. When cases escalate, the penalties often become more severe, requiring an experienced defense attorney who understands both court systems.

How Do Texas Gun Laws Affect Felons?

Texas Penal Code § 46.04 prohibits felons from possessing firearms with the exception of being able to possess firearms in the home but only after five years from their release from confinement or community supervision. After that period, a felon may possess a firearm only at their residence. However, federal law under 18 U.S.C. § 922(g) imposes a lifetime ban on felon firearm possession, regardless of state allowances. If a felon is caught with a firearm in Texas in their home after the five-year mark, they are still prohibited under federal law; they could face prosecution in federal court despite being permitted to have the weapon under state law. Legal counsel can help determine the most effective defense strategy when these conflicts arise.

What Is An Unlawful Carry Charge In Texas?

An unlawful carry charge in Texas occurs when someone carries a handgun without a license or in a restricted area, as outlined in Texas Penal Code § 46.02. This charge can apply to carrying a firearm while intoxicated, at a bar, or in certain public areas like schools and polling stations. Even licensed individuals can face charges if they violate restrictions under Texas law. Unlawful carry cases can be enhanced to felonies depending on the circumstances, such as having prior convictions or carrying in a location where firearms are strictly prohibited.

What Should I Do If I’m Facing Federal Gun Charges?

If you are facing federal gun charges, the most important step is to seek legal counsel immediately. Federal cases often involve agencies like the ATF, and the penalties can be severe, including mandatory minimum prison sentences. Avoid speaking with law enforcement without your attorney present, as statements you make can be used against you in court. An experienced defense lawyer can assess your case, determine if constitutional violations occurred, and build a strong defense. Federal court procedures are complex, so early legal intervention is crucial for protecting your rights.

How Can An Attorney Help With A Federal Gun Charge?

A Texas criminal defense attorney provides critical representation in federal gun cases by examining the prosecution’s evidence, challenging procedural errors, and advocating for reduced charges. For example, a defense lawyer can investigate whether the firearm was obtained through an illegal search, violating Fourth Amendment rights. An attorney can also negotiate plea deals that may reduce mandatory minimum sentences or explore eligibility for alternative sentencing options. Representation is essential in federal cases where sentencing guidelines are strict, and penalties can have life-altering consequences if not aggressively contested.

Contact Our Galveston Gun Crime Lawyer For A Free Consultation

If you’re facing state or federal gun charges, you need aggressive legal representation to protect your rights and future. At Mark Diaz & Associates, we represent clients throughout Galveston and the city of Houston, Texas. Our team has extensive experience handling complex gun crime cases and understands the unique challenges of both state and federal courts. Contact our Galveston gun crime lawyer at Mark Diaz & Associates by calling 409-515-6170 to receive your free consultation.