Does Texas Have A Law Against Smuggling Firearms?

 Posted on August 12, 2021 in Criminal Defense

In an unprecedented move, the country of Mexico sued a number of gun companies in the United States, alleging the gunmakers’ negligent and illegal practices enabled drug cartel violence. However,some legal experts say the case is unlikely to succeed, leaving many to believe Mexico instead filed suit to raise awareness of the bloodshed that has resulted in upwards of 150,000 homicides between 2006 and 2018. 

The reason the case is unlikely to succeed, according to some experts, is because gun stores are the ones that actually sell guns, not gun companies. Additionally, gun stores are required by law to comply with certain checks and balances.

Firearm Smuggling

According to the Texas Penal Code, firearm smuggling is when you transport or transfer a firearm that has been acquired through illegal means more than once and for profit. If you are arrested for firearm smuggling, you could face a third-degree felony, which carries a sentence of 2- to 10-years in prison. If you are arrested for smuggling three or more firearms in a single event, you could face a second-degree felony, which carries two to 20 years in prison and a $10,000 fine. 

More often than not, though, if you are arrested for gun trafficking, it is treated as a federal crime. Where it gets tricky is while Texas has a law against firearm smuggling, federal law does not. Instead, federal prosecutors may charge you with one or more federal gun crimes. These include selling guns without a license, lying to a licensed gun dealer, or lying to acquire a firearm. All of which could result in a 5- to 10-year prison sentence.

Contact an Atascosa County Criminal Defense Attorney Today

If you have been arrested for firearm smuggling or any other gun crime, you should acquire the services of a Texas criminal defense lawyer. At BRCK Criminal Defense Attorneys, our team has more than 40 years experience practicing criminal law. Contact us for a free consultation. Call 830-769-1010 today.

Sources:

https://www.justice.gov/sites/default/files/usao-ut/legacy/2013/06/03/guncard.pdf

https://www.cnn.com/2013/09/02/world/americas/mexico-drug-war-fast-facts/index.html

https://www.npr.org/2021/08/07/1025636092/mexico-lawsuit-united-states-gun-companies-analysis

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm