What Are the Consequences of Federal Gun Trafficking Charges in Texas After a Traffic Stop?

What Are the Consequences of Federal Gun Trafficking Charges in Texas After a Traffic Stop?

Under Texas law, a routine traffic stop can quickly spiral into a federal case when officers uncover evidence of gun trafficking. We have represented clients across Galveston and Houston who thought they were facing a simple citation, only to learn they were accused of violating not only state regulations but also serious federal statutes. The moment an officer suspects you of moving firearms for profit without proper licensing, the stakes rise dramatically.

Federal gun trafficking charges often carry lengthy prison sentences and possibly even steep fines in addition. That’s why understanding both the federal statutes and how state stops feed into federal investigations is critical from the very first interaction with law enforcement.

How a Traffic Stop Can Trigger Federal Gun Trafficking Charges

Whenever we handle a case where guns are found during a traffic stop—whether for speeding, DWI, or a broken taillight—we closely examine the officer’s grounds for the stop and subsequent search. Under the Fourth Amendment, any evidence the police uncover must stem from a lawful search and seizure.

If officers pull you over for a traffic violation under the Texas Transportation Code and then claim they smelled marijuana or saw something in plain view as they approached your vehicle after initiating the stop; they are then legally permitted to expand their search in this scenario. In the event they find multiple firearms, ammunition, or bulk packaging materials, they often call in federal agencies, like the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), to investigate potential trafficking under 18 U.S.C. § 922(a)(1)(A).

Key Federal Statutes

Under 18 U.S.C. § 922(a)(1)(A), it is unlawful for any person not licensed under this chapter to “engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce.” Generally stated and for purposes of simplicity, to be “engaged in the business” means regularly buying and selling firearms for profit. A conviction under this statute can result in up to 5 years in prison and fines up to $250,000. If the trafficking involves certain high-caliber or military-grade weapons, charges under 18 U.S.C. § 924(c) can add consecutive sentences, including 5 years for using or carrying a firearm in furtherance of a crime of violence.

State Violations That Feed Federal Cases

Although federal trafficking laws are powerful on their own, Texas statutes frequently intersect. For example, Texas Penal Code § 46.06 prohibits the unlicensed transfer of firearms, which can trigger federal cross-reporting. And if the traffic stop was for DWI under Texas Penal Code § 49.04, and officers find guns in the vehicle, they may allege you were endangering a child or public safety, potential grounds to justify a broader search and possible federal involvement.

Proving “Business Intent” In a Federal Case

In many of these cases, our strategy may begin with challenging whether prosecutors can show you were engaged in “the business” of dealing firearms. Buying or selling one or two firearms does not automatically equal trafficking. Courts look at factors like repetitive purchases, advertisements, possession of specialized packaging materials, and lack of a Federal Firearms License (FFL). Depending on the case, it may be useful for us to begin to gather evidence in your defense, such as bank records, communications, and testimony, in an attempt to show your transactions were personal collections or gifts, not commerce.

Protecting Your Rights During an Investigation

Once a federal inquiry begins, it’s essential to avoid making any statements to law enforcement or the ATF without counsel present. Every word you say can be used to establish intent or knowledge. Furthermore, in cases where the initial stop or search potentially violated the Fourth Amendment, we may be able to motion the court to suppress evidence that resulted from the illegal search and/or seizure. For example, if officers pull you over and, without reasonable suspicion, expand the traffic stop beyond its permissible means, then any firearms discovered as a result may be deemed “fruit of the poisonous tree” and excluded as evidence against you in a trial.

Potential Defenses and Case Resolutions

Depending on the facts, our defenses can include:

• Illegal Search – Arguing officers exceeded the scope of a search authorized by the stop, violating the Fourth Amendment.
• Lack of Business Intent – Demonstrating your firearm purchases were for personal use, and you were not “engaged in the business” of dealing firearms.

Criminal Defense Frequently Asked Questions

What Triggers a Federal Gun Trafficking Investigation After a Traffic Stop?

Finding multiple firearms, large quantities of ammunition, or packaging materials suggests to law enforcement that you may be selling guns for profit. Once officers alert federal agents, the investigation can possibly broaden to include searches of your home, financial records, and communications.

How Can I Contest Evidence Seized in a Search During a Traffic Stop?

Your attorney can often challenge evidence seized in a search during a traffic stop if it is later shown that either the stop itself was no good (meaning, the officer had no legal basis to pull you over in the first place) or the search exceeded it constitutional limits based on the facts and circumstances of your case.

What Are The Penalties For Federal Gun Trafficking?

It depends on what statute you are being prosecuted under. A conviction under 18 U.S.C. § 922(a)(1)(A) allows for up to 5 years imprisonment. 18 U.S.C. § 924(c) punishes individuals who use, carry, or possess a firearm:

• During and in relation to a crime of violence or drug trafficking crime; or
• In furtherance of such a crime.

The table below demonstrates penalties based on conduct and the type of firearm under 18 U.S.C. § 924(c) – note that these penalties are mandatory minimum sentences and must be served consecutively to any other sentence:

Can I Obtain Release on Bond in a Federal Case?

In federal court, the term “bond” is typically referred to as “pretrial release.” The statute that governs pretrial release in the federal system is 18 U.S.C. § 3141, et seq. Generally speaking, if the federal judge determines that the defendant is not a flight risk and does not pose a danger to the community or any person, then the court may order pretrial release with strict conditions to be adhered to while the case is pending.

How Does My Criminal History Affect Federal Gun Trafficking Sentencing?

Yes, this is a significant factor that affects sentencing under the Federal Sentencing Guidelines. Under the Guidelines, every defendant is assigned a Criminal History Category, anywhere between I through VI. The category assigned is based on the number of prior convictions, the length of prior sentences, and the timing or recency of the offenses. The more recent and severe the criminal history is, the more severe the category is that is assigned to the Defendant.

Can I Challenge The ATF’s Method Of Identifying Firearms?

Yes. The ATF relies on serial numbers, ballistics tests, and tracing databases to link weapons to specific transactions. If the serial numbers were altered, the chain of custody was broken, or the testing procedures were flawed, we may be able to file motions to suppress or exclude that evidence. Challenging the technical aspects of firearm identification can weaken the government’s case substantially.

What Role Does Intent Play In a Gun Trafficking Case?

Intent is a central and essential element in a federal gun trafficking case. The government must prove beyond a reasonable doubt that the defendant knowingly and willfully engaged in prohibited conduct—specifically, in “engaging in the business” of dealing firearms without a license.

How Do Plea Agreements Work in Federal Gun Cases?

Plea agreements in federal gun cases—like those involving unlicensed firearm dealing or trafficking—are a common way to resolve charges without going to trial. These agreements can reduce charges, limit sentencing exposure, and provide greater control over the outcome for both sides. In these types of cases, we regularly negotiate with the federal prosecutor (also known as the Assistant U.S. Attorney (AUSA)) in an attempt to reduce the number or severity of the charges, avoid mandatory minimums if at all possible, and/or possibly secure a more favorable sentencing recommendation.

What Mitigating Factors Can Influence My Sentence?

In federal gun trafficking cases, mitigating factors can significantly influence your sentence by lowering the offense level under the U.S. Sentencing Guidelines or by supporting a downward variance from the recommended range. Some common and effective mitigating factors include, but are not limited to:

• Lack of criminal history
• Minor or minimal role in the offense
• Acceptance of responsibility
• Cooperation with authorities
• No use of threat or violence.

Can Federal Gun Trafficking Charges Be Expunged or Sealed?

In almost all cases, federal gun trafficking charges cannot be expunged or sealed. The federal system does not offer a general expunction or sealing process for criminal convictions, unlike the Texas State system.

What Is the Impact of Federal Gun Trafficking on My Civil Rights?

A federal gun trafficking conviction—typically a felony—can have serious and often permanent impacts on your civil rights. These consequences extend far beyond prison time and can affect your rights, reputation, career, and future. Professional licensing, immigration status, and employment opportunities are a few examples of some of the civil rights issues that may be affected as a result of a federal gun trafficking conviction.

How Can I Protect My Family During a Federal Investigation?

Federal investigations can disrupt family life, especially when arrests occur at home. We take steps to minimize public exposure, negotiate pretrial release conditions that allow you to maintain employment and family contact, and advocate for your and your family’s best interests. Protecting your family’s privacy and stability is a priority from the outset.

What Happens If The Government Loses Key Evidence?

If critical evidence, such as seized firearms or lab reports, is lost, destroyed, or never existed, we can file motions raising these issues to the court’s attention. Demonstrating that the government failed to preserve or authenticate evidence undermines their case and can lead to outright dismissal or a favorable plea deal.

Can I Appeal a Federal Conviction or Sentence?

Yes, you can appeal a federal conviction or sentence, but it must be based on a valid legal ground. In federal court, appeals are not opportunities to relitigate the facts of your case—instead, they focus on whether a legal or procedural error occurred that impacted the outcome.

Contact Mark Diaz & Associates Now If You’re Facing Gun Charges in Texas

Facing federal gun trafficking charges after a traffic stop is daunting. At Mark Diaz & Associates, we defend clients throughout Galveston and Houston with unwavering commitment and deep knowledge of both federal and Texas laws.

Contact our Texas gun crime defense attorney at Mark Diaz & Associates today by calling 409-515-6170 to schedule your free consultation. Let us protect your rights, preserve your freedom, and fight for the best possible outcome.