Facing a Gun Charge?
Federal or State,
Your Defense Starts Now.
State and federal firearms charges carry some of the most severe mandatory sentences in the criminal justice system. Attorney Genaro R. Cortez defends clients in San Antonio and across South Texas — in both state and federal court.
Firearms Charges Are Among the
Most Seriously Prosecuted Offenses
Whether you’re facing a state charge in Bexar County or a federal indictment in the Western District of Texas, firearms offenses carry mandatory minimum sentences, permanent loss of gun rights, and life-altering consequences. You need an attorney who understands both systems.
Mandatory Minimum Sentences
Federal firearms convictions — especially under 18 U.S.C. § 924(c) — carry mandatory minimum prison terms that judges cannot reduce. A conviction means years in federal prison with no possibility of early release through good behavior alone.
Permanent Loss of Gun Rights
A felony firearms conviction permanently strips your Second Amendment rights under both state and federal law. Restoring those rights is extremely difficult — and in many cases impossible. The stakes go far beyond the immediate sentence.
Federal vs. State Prosecution
Federal prosecutors have more resources, longer statutes of limitations, and higher conviction rates than state prosecutors. If you’re being charged federally, you need an attorney with specific federal court experience — not just a general criminal defense lawyer.
Collateral Consequences
Beyond prison time, a firearms conviction affects immigration status, employment, professional licenses, housing, and your ability to own a firearm ever again. The ripple effects of a conviction can last a lifetime.
State & Federal Firearms Charges We Handle
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Federal Felon in Possession — 18 U.S.C. § 922(g)(1)
It is a federal felony for anyone previously convicted of a felony to possess a firearm or ammunition. Penalties include up to 10 years in federal prison — and more under enhanced sentencing provisions. We scrutinize the underlying conviction, the search and seizure, and every element of the government’s case.
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18 U.S.C. § 924(c) — Using a Firearm During a Crime
This statute carries brutal mandatory minimums — a minimum of 5 years consecutive to any other sentence, up to life in some cases. These charges are frequently stacked, meaning sentences run back-to-back. Early, aggressive defense is critical.
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Texas Felon in Possession — Tex. Pen. Code § 46.04(a)
Under Texas law, a felon found in possession of a firearm within five years of release commits a third-degree felony. After five years, the offense is reduced but still serious. We challenge the stop, search, and possession elements of every case.
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Straw Purchase Gun Crimes
A straw purchase occurs when someone legally eligible to buy a firearm purchases it on behalf of someone who is not. This is a federal felony under 18 U.S.C. § 922(a)(6). Federal prosecutors pursue these cases aggressively, particularly in border regions like South Texas.
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Gun Smuggling & Trafficking
Firearms trafficking charges — moving guns across state or international lines — are federal felonies that carry lengthy prison terms. South Texas border proximity makes these charges especially common in our region, and they are aggressively prosecuted by federal authorities.
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Other Federal Gun Charges
Including unlicensed dealing in firearms, possession of an unregistered NFA weapon (suppressor, short-barreled rifle, machine gun), false statements on ATF Form 4473, and possession of a firearm with obliterated serial number.
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State Unlawful Carrying of a Weapon (UCW)
Texas law governs where and how firearms may be carried. UCW charges arise from unlicensed carry, carry in prohibited places, or carry while intoxicated. These can be misdemeanors or felonies depending on circumstances.
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Prohibited Persons & Domestic Violence Firearms Charges
Federal law prohibits firearm possession by those subject to domestic violence protective orders or convicted of qualifying misdemeanor domestic violence offenses. These are often overlooked but aggressively prosecuted.
Charged With a Firearms Offense? Call Today.
Federal and state prosecutors move quickly. The sooner Attorney Cortez can review your case, the more options you have. Contact us now for a free, confidential consultation.
Confidential · No obligation · Available 24/7 for emergencies
Firearms Offense Penalties at a Glance
Federal and state firearms penalties are among the harshest in the criminal justice system — many carry mandatory minimums a judge cannot reduce. Understanding your exposure is the first step to building a defense.
| Offense | Classification | Prison / Jail | Fine (Max) | Notes |
|---|---|---|---|---|
| Federal Felon in Possession § 922(g) | Federal Felony | Up to 15 years | $250,000 | Enhanced under ACCA: 15 yr mandatory minimum |
| § 924(c) — Gun During Drug Crime | Federal Felony | 5 yrs mandatory minimum (consecutive) | $250,000 | Stacks on top of underlying sentence |
| § 924(c) — Brandished Firearm | Federal Felony | 7 yrs mandatory minimum | $250,000 | Consecutive; cannot run concurrently |
| § 924(c) — Firearm Discharged | Federal Felony | 10 yrs mandatory minimum | $250,000 | Consecutive; cannot run concurrently |
| Straw Purchase § 922(a)(6) | Federal Felony | Up to 10 years | $250,000 | Per transaction; charges often stacked |
| TX Felon in Possession § 46.04(a) | 3rd Degree Felony | 2 – 10 years | $10,000 | Within 5 yrs of release; SJF after 5 yrs |
| TX Unlawful Carrying (UCW) | Class A Misd. – Felony | Up to 1 yr / 2–10 yrs | $4,000–$10,000 | Depends on location and circumstances |
Your Defense, Step by Step
We review the charges, the evidence, and the circumstances of your arrest — at no cost. You’ll understand exactly where you stand and what options are available.
We examine the legality of the search and seizure, the chain of custody, prior conviction records used against you, and every constitutional issue in the government’s case.
Whether filing motions to suppress, negotiating with federal prosecutors, or preparing for trial — we build a defense strategy tailored specifically to your facts and goals.
In state or federal court, at every hearing and every stage — we stand beside you and fight for the best possible outcome, whether that’s dismissal, reduction, or acquittal.
Firearms charges — especially federal ones — demand an attorney who understands the difference between state and federal court, the nuances of ATF investigations, and the mandatory sentencing schemes that can send people to prison for decades. Attorney Genaro R. Cortez has built his practice defending clients in San Antonio and throughout South Texas against some of the most serious charges the government brings.
From challenging the legality of a traffic stop where a weapon was found, to scrutinizing whether a prior conviction truly qualifies as a predicate offense under federal law, to cross-examining ATF agents — no detail goes unexamined. When the federal government has vast resources arrayed against you, you deserve a defense attorney who matches their intensity.
Firearms Defense FAQ
What’s the difference between a state and federal gun charge? +
State charges are prosecuted by the Bexar County District Attorney under Texas law in state court. Federal charges are brought by U.S. Attorneys under federal statutes in federal court. Federal cases generally carry harsher mandatory sentences, are harder to resolve favorably, and move through a different court system entirely. Some situations result in both state and federal charges simultaneously.
Can a felon ever legally possess a firearm in Texas? +
Under Texas law, a felon may possess a firearm at their own home more than five years after release from confinement, parole, or probation — whichever is later. However, federal law still prohibits felons from possessing firearms in virtually all circumstances. This gap creates serious legal risk for those who rely on the Texas exception without understanding federal law.
What is a “straw purchase” and why is it a crime? +
A straw purchase occurs when a person who can legally buy a gun does so on behalf of someone who cannot — such as a felon or someone prohibited by law. It is a federal felony regardless of intent. Even if the buyer didn’t know the purpose of the purchase, the government may still pursue charges. These cases are aggressively prosecuted in South Texas.
What does § 924(c) mean for my sentence? +
18 U.S.C. § 924(c) requires mandatory minimum prison sentences when a firearm is used or carried during a drug trafficking crime or crime of violence. These sentences run consecutively — on top of, not instead of, whatever sentence you receive for the underlying crime. They cannot be suspended or run concurrently. This makes fighting the underlying charge critically important.
Can the gun charge be dismissed if the search was illegal? +
Potentially yes. The Fourth Amendment prohibits unreasonable searches and seizures. If law enforcement found the weapon during an illegal traffic stop, without a valid warrant, or without proper consent, we can file a motion to suppress the evidence. If the gun is suppressed, the government may not be able to proceed with the charge at all.
What is the Armed Career Criminal Act (ACCA)? +
The ACCA enhances the penalty for federal felon-in-possession charges when the defendant has three or more prior convictions for violent felonies or serious drug offenses. Instead of up to 10 years, an ACCA enhancement triggers a mandatory minimum of 15 years in federal prison. Challenging whether prior convictions qualify as ACCA predicates is a critical part of federal firearms defense.
Will a gun conviction affect my immigration status? +
Yes — firearms offenses can have severe immigration consequences including deportation, inadmissibility, and permanent bars to legal status. Non-citizens facing firearms charges must have an attorney who understands both criminal and immigration law. Attorney Cortez takes immigration consequences seriously in every case involving non-citizen clients.
How soon should I hire an attorney after a gun arrest? +
Immediately. Federal investigators may already be building a larger case before charges are even filed. Statements you make in custody can be used against you. Evidence can disappear. The sooner an attorney is involved, the more options are available — including potentially preventing charges from being filed at all in some situations.
Don’t Face Federal Prosecutors
Without a Fighter in Your Corner.
Firearms charges move fast and the penalties are severe. Call Attorney Genaro R. Cortez now for a free, confidential consultation — available 24/7 for emergencies.