Texas Penal Code Sec. 46.14 defines firearms smuggling as when a person knowingly engages in the business of transporting or transferring an illegally acquired firearm. This statute was passed in 2009 to combat illegal gun trafficking from Texas to Mexico where gangs and drug cartels wield tremendous power and create threats to security. It has been estimated that half of all the guns smuggled into Mexico come from Texas, primarily from Houston and the Dallas-Fort Worth area.
Consequences of a Firearms Trafficking Charge
The offense is a third degree felony with punishment up to 10 years in prison and a fine of up to $10,000, but if the offense involves three or more firearms in a single transaction, it is elevated to a second degree felony with punishment up to 20 years in prison and a $10,000 fine.
However, if the case is handled by a federal court, a charge of gun trafficking or illegal firearm transportation carries a punishment range of up to life in prison and a fine of around $100,000. The amount of jail time can vary depending on the type of firearms and the quantity of firearms.
The Bureau of Alcohol, Tobacco, Firearms and Explosives
More commonly known as ATF, the Bureau of Alcohol, Tobacco, Firearms and Explosives will track down and investigate any firearms dealings that looks suspicious. ATF will go undercover to attempt to purchase firearms from anyone they suspect is dealing in firearms illegally.
Once you become aware that you are being investigated or charged with firearm smuggling, it is very important that you do not speak to anyone that may have been involved with you regarding the accusation that is under investigation.
If you think you might be under investigation or ATF serves you with any kind of paperwork then call Justin Sparks. Do not wait for ATF to arrest you.
If you have been contacted by law enforcement officials about this offense, do not waive your legal rights or answer any questions until you have obtained the services of a competent firearms trafficking attorney. If you have been arrested and charged with this offense, you need to contact an attorney right away.
HIRE A FIREARMS SMUGGLING ATTORNEY Today
Justin Sparks is an accomplished firearms attorney who is a recognized expert in firearms law. He is often interviewed by Dallas and Fort Worth radio and television stations regarding new firearms legislation and court opinions. He also delivers speeches on the legal use of deadly force to Tarrant County audiences on a regular basis.
Justin is a former Assistant District Attorney in Tarrant County and has handled numerous firearms smuggling cases and is an expert on the 2nd Amendment.
Justin Sparks Law Firm is located in Fort Worth, and provides criminal defense representation to people throughout the Dallas/Fort Worth metroplex. Justin offers a free consultation and will analyze the facts of your case to help you choose your best option, which could be a plea agreement or it may be a jury trial. Call Justin Sparks today at 817-334-0300.
Justin Sparks has been defending clients across Fort Worth and Dallas for over ten years. Our firm helps you through the criminal process, from investigation to appeals, if need be. Free consultations for all new cases.