A federal firearms charge is not a normal gun case. If ATF agents have contacted you, searched your home, or you have been indicted in the Southern District of Texas, you are facing the resources of the federal government.
Federal gun cases move differently than state cases. The penalties are harsher, the sentencing rules are stricter, and some charges carry prison time that must be served on top of any other sentence.
At Keith & Lorfing, we defend people accused of federal firearms crimes in the Southern District of Texas, Houston Division, and in federal courts across the country. Our team is led by a former Assistant U.S. Attorney who once prosecuted federal cases and now uses that experience for the defense.
The choices you make early can shape the entire case. If federal agents want to talk to you, talk to a federal defense lawyer before you say anything.
The federal firearms cases we defend
Federal gun laws reach a wide range of conduct. We defend the full set of charges the government brings in Houston, including:
- Felon or prohibited person in possession (18 U.S.C. § 922(g)): It is a federal crime for certain people — those with a felony record, a domestic-violence conviction, an unlawful drug user, or others — to possess a firearm or ammunition.
- Firearm in furtherance of a crime (18 U.S.C. § 924(c)): Using or carrying a gun during a drug-trafficking or violent crime adds a mandatory prison term that runs consecutive to any other sentence.
- Straw purchase / false statement (18 U.S.C. § 922(a)(6)): Buying a gun for someone who cannot legally have one, or lying on the federal purchase form (Form 4473), is a felony.
- Firearms trafficking (18 U.S.C. § 933): Moving guns unlawfully, or shipping them to prohibited buyers, is now its own federal offense.
- National Firearms Act violations (26 U.S.C. § 5861): Possessing an unregistered suppressor, short-barreled rifle, or machine gun can bring serious NFA charges.
These cases are almost always investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), often alongside the DEA or FBI. If you are dealing with a federal drug case tied to a gun, our Houston federal drug defense team works the same file.
What you’re facing with a federal gun charge
Federal firearms convictions carry real prison exposure, and the sentencing rules leave judges less room than in state court.
Some of the exposure people don’t expect:
- Mandatory minimums. A § 924(c) count carries a minimum term that stacks on top of the underlying crime, and repeat or aggravated conduct raises the floor sharply.
- The Armed Career Criminal Act. A defendant with certain prior convictions can face a 15-year mandatory minimum for a felon-in-possession charge under § 924(e).
- Advisory Sentencing Guidelines. Judges calculate a Guidelines range driven by your record and the facts. The math can be fought — you don’t just plead; you litigate the math.
The consequences reach beyond prison. A conviction can trigger forfeiture of firearms and property, immigration consequences for non-citizens, and the permanent loss of gun rights.
On sentencing, you don’t just plead — you litigate the math. Getting ahead of that math early matters. Schedule a confidential consultation to understand your real exposure.
How we defend federal gun and weapons cases
There is no single defense to a federal gun charge. We build the strategy around the facts, and we start early — often before an indictment is filed.
- Investigation-stage intervention: When ATF is still building the case, we can engage the prosecutor, control the flow of information, and sometimes shape whether charges are filed at all.
- Challenging possession: The government must prove you knowingly possessed the firearm. “Constructive possession” — a gun in a shared car or home — is often weaker than it first looks.
- Suppression motions: If agents searched your home or car without a valid warrant or consent, we move to suppress the firearm and anything found with it.
- Attacking the elements: For a § 922(g) charge, the government must prove your prohibited status and that you knew of it. For § 924(c), it must prove a real connection between the gun and the underlying crime.
- Sentencing mitigation: Even in a strong government case, we fight the Guidelines calculation and present mitigation to seek the lowest possible sentence.
Because our team includes former federal prosecutors, we can often see how the government will try to prove its case — and where it is weak. Reach out to our team to talk through your options.
Second Amendment challenges to felon-in-possession charges
Recent Second Amendment litigation has changed how some § 922(g) cases are argued. This is a real development, but it is not a guaranteed defense.
After the Supreme Court’s decisions in Bruen and Rahimi, courts have generally upheld the felon-in-possession statute as a whole rather than striking it down. What has shifted is the door some courts have opened to as-applied challenges — arguments that the law is unconstitutional as applied to one particular person’s history.
The Fifth Circuit, which governs federal cases in Houston, has allowed defendants to raise these as-applied arguments in certain cases, putting more burden on the government to justify disarmament. Whether such an argument fits your situation depends heavily on your specific record and facts.
We track this litigation closely and raise these arguments where they genuinely apply. We will not overstate their odds. Any Second Amendment argument is one tool, evaluated case by case — not a promise.
Why choose Keith & Lorfing
Federal court is its own world. You want lawyers who have stood on both sides of it.
- A former federal prosecutor leads the team. Russell Lorfing is a former Assistant U.S. Attorney who served as an AUSA in Texas and was selected in 2024 as Co-Chair of the Federal Criminal Defense Committee for the Texas Criminal Defense Lawyers Association.
- A retired federal judge, of counsel. The Hon. E. Scott Frost (Ret.) brings more than 30 years of federal courtroom experience to our team.
- Decades of trial defense. Founding partner Trey Keith has spent 20+ years defending the accused, with many “Not Guilty” verdicts.
- Admitted where your case is heard. Our attorneys are admitted in the Southern District of Texas and before the Fifth Circuit, so we can appear in the Houston Division and, if needed, on appeal.
Our team also includes former federal defenders, former FBI agents, and former IRS criminal investigators. Past results depend on the facts of each case and do not guarantee any particular outcome.
What happens after an ATF investigation or arrest
Federal cases can feel slow while the government works behind the scenes. These cases don’t move fast on the surface, but underneath they’re moving the entire time — by the time it feels real, the case is usually much further along than you think.
A typical federal firearms case follows this path:
- Investigation: ATF gathers evidence, sometimes for months, before charges are filed. This is the best time to get a lawyer involved.
- Indictment or complaint: Formal charges are filed, often followed by arrest and an initial appearance in the Southern District of Texas, Houston Division.
- Pretrial: We review discovery, file motions to suppress or dismiss, and negotiate where it serves you.
- Resolution: The case ends in a negotiated plea or trial, followed by sentencing if there is a conviction.
Knowing where you are on this path helps you make better decisions. Learn more about how federal sentences are calculated and what to expect at a federal sentencing hearing.
If your case is in the Houston Division, speaking with a Houston Federal Criminal Defense Lawyer can help you understand the process and what comes next.
The two early mistakes that make a gun case worse
Firearms charges often ride alongside a federal drug or other investigation, and the first reactions people have can do the most damage. Two mistakes stand out.
- Deleting or “cleaning up” evidence. The instinct to erase texts, photos, or records can create a fresh obstruction charge that is often easier to prove than the underlying gun offense. Deleting emails or documents doesn’t fix the problem — it creates a new one. Evidence preserved and produced strategically through counsel protects your options.
- Putting your head in the sand. Ignoring an ATF investigation does not slow it down. Federal cases are built quietly and methodically, so waiting only shrinks your options while the government keeps working.
First steps if you fear a federal investigation
If you believe ATF is looking at you — or agents have already reached out — a few early moves protect you.
- Talk to an experienced federal defense lawyer first, ideally before a subpoena is served or agents arrive at your door.
- Preserve everything. Never delete or alter records; evidence kept and produced through counsel can create leverage rather than a new charge.
- Keep all contact with agents controlled. Let your lawyer make first contact, and never rely on an agent’s informal assurances.
- Do not answer questions alone. A false or misleading statement to a federal agent is its own crime under 18 U.S.C. § 1001, even if you are never charged with a firearms offense.
If federal agents want to talk, speak with a federal defense lawyer before you say a word.
Talk to a Houston federal gun defense lawyer
A federal firearms charge is serious, but you do not have to face it alone or unprepared. The sooner you have experienced federal counsel, the more options you may have.
Our team defends federal gun and weapons cases in federal courts across the country, including the Houston Division of the Southern District of Texas. For the national overview of these charges, see our federal gun and weapons charge defense page.
Schedule a confidential consultation with our federal defense team to discuss your case with a former federal prosecutor.
Frequently Asked Questions
Is felon in possession a federal or state charge?
It can be both. Texas has its own felon-in-possession law, but the federal charge under 18 U.S.C. § 922(g) is often more serious and carries stricter sentencing rules. Which one you face depends on who investigates and prosecutes.
What is the sentence for felon in possession of a firearm?
It varies with your record and the facts. A § 922(g) conviction carries substantial prison exposure, and a defendant with certain prior convictions can face a 15-year mandatory minimum under the Armed Career Criminal Act.
What does § 924(c) mean, and why do people call it “stacked”?
Section 924(c) applies when a firearm is used or carried during a drug-trafficking or violent crime. It adds a mandatory prison term that must be served consecutively — on top of — the sentence for the underlying crime, which is why it is described as stacked.
Can I be charged if the gun wasn’t really mine?
Possibly. The government can argue “constructive possession” when a firearm is in a shared car, home, or space. But it must prove you knowingly had control over the gun, and that is often where these cases can be challenged.
What counts as a straw purchase?
A straw purchase is buying a firearm for someone who cannot legally have one, or lying about who the true buyer is on the federal Form 4473. It is charged under 18 U.S.C. § 922(a)(6) and is a felony.
Does the recent Second Amendment ruling get my case dismissed?
Not automatically. Courts have largely upheld § 922(g), but some now allow as-applied challenges depending on a person’s specific history. Whether it helps you depends on the facts of your case.
Can ATF search my home?
Generally only with a valid warrant or your consent. If agents searched without proper legal authority, we can move to suppress the evidence they found.
Should I talk to ATF agents without a lawyer?
No. Anything you say can be used against you, and lying to a federal agent is a separate crime. If federal agents want to talk, speak with a lawyer first.
