San Antonio Federal Gun Charges Lawyer
San Antonio federal gun charges lawyer Genaro R. Cortez understands the complexities of federal gun possession laws. Notably, gun charges carry severe penalties, making it crucial to have an experienced attorney on your side. Here’s what you need to know.
Local Jurisdiction: San Antonio Federal Court
Federal gun charges in San Antonio are typically prosecuted in the United States District Court for the Western District of Texas. Whether your case is being handled by the ATF or local task forces, you need a San Antonio federal criminal defense attorney who understands the specific local court procedures and sentencing tendencies in this district.
What disqualifies you from possessing a firearm?
For public safety reasons, 922g bans some groups of people from possessing a firearm. This means that if you are on this list, then you cannot possess a firearm. If you are on this list and you possess a firearm, then you could face a 922g gun charge.
Table: List of People Who Cannot Possess a Gun.
| No. | Category of People Excluded from Possessing a Firearm |
|---|---|
| 1. | Felons; |
| 2. | Fugitives from justice; |
| 3. | Drug addicts; |
| 4. | People determined to be mentally incompetent; |
| 5. | Undocumented aliens; |
| 6. | People dishonorably discharged from the Armed Forces; |
| 7. | People who renounce their U.S. Citizenship; |
| 8. | People with restraining or protective orders based on family violence; |
| 9. | People convicted of domestic-violence offenses. |
Common reasons police arrest a person for a 922g gun charge in San Antonio
Many clients in San Antonio and South Texas find themselves facing 18 USC § 922(g) charges following a routine traffic stop or a search of their home. As a defense attorney who handles federal gun cases, I look at the specific facts of the San Antonio police or federal agent’s conduct to see if your Second or Fourth Amendment rights were violated.
How does an 18 USC 922(g)(1) charge work in the Western District of Texas?
922(g)(1) is the felon with a gun law. It bans people with a felony on their record from possessing a firearm. And the key to this crime is the felony status of the person.
This means the prosecutors must prove the following facts to convict someone of being a felon in possession of a firearm:
| No. | Element |
|---|---|
| 1. | The defendant knowingly possessed a firearm in the Western District of Texas; |
| 2. | The defendant was previously convicted in a court of a crime punishable by imprisonment for a term in excess of one year; |
| 3. | The defendant knew he had been convicted in a court of a crime punishable by imprisonment for a term in excess of one year; and |
| 4. | That the firearm possessed traveled in [or affected] interstate commerce; that is, before the defendant possessed the firearm, it had traveled at some time from one state to another. |
As noted in the table above, 922(g)(1) has several key features. First, it requires knowledge. That is to say, the person charged with this crime must knowingly possess the gun. And he must be aware of his felon status. Second, his criminal record must include a felony conviction. A felony is any crime that carries a penalty greater than one year in jail. Finally, the gun must travel from one state to another. This is the interstate commerce requirement.
What are the penalties for the three most common 922g gun crimes in the Western District of Texas?
The table below lists the penalties for the three most common § 922(g) federal gun possession crimes.
Penalties for Common Federal Gun Possession Crimes
| Gun Crime | Jail Time | Fine |
|---|---|---|
| Federal felon in possession of a firearm. 18 USC § 922(g)(1). | Up to 10 years in jail. | Up to a $250,000.00 fine. |
| Gun possession by an undocumented person. 18 USC § 922(g)(5). | Up to 10 years in jail. | Up to a $250,000.00 fine. |
| Gun possession by a person with a family-violence conviction or protective order. 18 USC § 922(g)(8). | Up to 10 years in jail. | Up to a $250,000.00 fine. |
Why choose Attorney Genaro R. Cortez to help with your gun case?
- Experience handling 922(g)(1) (Felon in Possession) and 924(c) (Firearm in furtherance of drug trafficking).
- Deep knowledge of the Western District of Texas federal court system.
- Personalized defense from a solo practitioner based right here in San Antonio.
Consult a San Antonio Federal Criminal Defense Attorney for Gun Cases.
Don’t face federal prosecutors alone. If you need a San Antonio attorney who handles federal gun cases, contact the Law Office of Genaro R. Cortez, PLLC today at 210-733-7575 for a free consultation.
Meet Genaro R. Cortez.
Facing federal gun charges is a life-altering event that requires more than just a general practitioner. Genaro R. Cortez is a dedicated defense attorney based in San Antonio, Texas, with extensive experience defending clients in the United States District Court for the Western District of Texas. His service areas include Del Rio, Houston, Austin, and Laredo.
Specializing in complex federal litigation—including 18 USC § 922(g) “felon in possession” cases and 924(c) weapons charges—Genaro provides the aggressive, detail-oriented representation necessary to challenge federal prosecutors. From investigating illegal searches to filing motions to suppress evidence, he works tirelessly to protect the rights of those in San Antonio and South Texas.
Who is prohibited from possessing a firearm under federal law?
Under 18 USC § 922(g), several categories of individuals are barred from possessing firearms. These include convicted felons, individuals dishonorably discharged from the military, those with domestic violence convictions, and individuals subject to specific protective orders. If you fall into one of these categories and are found with a firearm in San Antonio, you could face significant federal prison time.
What are the penalties for a federal felon-in-possession charge in San Antonio?
A conviction for being a felon in possession of a firearm under federal law typically carries a penalty of up to 10 years in federal prison and fines up to $250,000. These penalties can increase if the individual has a history of violent felonies or drug trafficking offenses under the Armed Career Criminal Act (ACCA).
What is the difference between “actual” and “constructive” gun possession?
In federal gun cases, “actual” possession means the firearm was found on your person (like in a waistband). “Constructive” possession is more complex; it means the gun was found in a place you controlled, like your car or apartment, even if you weren’t holding it. A San Antonio federal criminal defense attorney will often focus on challenging whether you truly had knowledge and control over the weapon.
Can a federal gun charge be dismissed based on an illegal search?
Yes. Many federal gun cases in the Western District of Texas hinge on how the evidence was obtained. If federal agents or San Antonio police conducted a search without a warrant or probable cause, we may be able to file a Motion to Suppress. If successful, the gun cannot be used as evidence, which often leads to the charges being dropped.