Federal Gun Trafficking Charges Across the US-Mexico Border

 Posted on February 27, 2025 in Federal Crimes

Gun trafficking across the U.S.-Mexico border is a serious federal offense that carries life-altering consequences. Those accused of this crime often find themselves facing aggressive federal prosecution, lengthy prison time, and huge fines. But being charged with a crime does not mean someone is guilty. The law says that everyone is innocent until proven guilty, and everyone has the right to a strong legal defense.

For many people, federal gun crime charges come as a devastating shock, affecting not only their own futures but also their families. Spouses, children, and loved ones who are dependent on someone jailed on accusations of gun crimes may face financial hardship and uncertainty about what comes next. If you or a family member has been accused of trafficking firearms across the border, it is critical to have a Texas federal criminal defense attorney who will fight for your rights and ensure you are treated fairly under the law.

What Are the Federal Penalties for Gun Trafficking?

Under federal law, trafficking firearms across the U.S.-Mexico border violates multiple statutes, including the Arms Export Control Act (AECA), the Gun Control Act (GCA), and laws prohibiting straw purchases and illegal firearm sales. The most common charges include:

• Smuggling: Illegally exporting firearms from the U.S. can result in up to 10 years in prison per count.

• Straw Purchasing: Buying a gun for someone who is prohibited from owning one carries up to 10 years in prison.

• Unlicensed Dealing: Selling firearms without a federal license is punishable by up to five years in prison.

• Conspiracy to Traffic Firearms: If two or more people conspire to smuggle weapons, each person can face up to five years in prison, in addition to penalties for the underlying crime.

Federal gun trafficking convictions can also result in massive fines, asset forfeiture, and sentencing enhancements if the case involves organized crime or violence.

How Do Gun Trafficking Cases Begin?

Federal agencies, including the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Homeland Security Investigations (HSI), and Customs and Border Protection (CBP), aggressively investigate gun trafficking. The ATF’s data shows that 68 percent of guns recovered from Mexican crime scenes between 2016 and 2021 were traced back to U.S. manufacturers or importers. While many trafficking cases start with an arrest at the border, others begin with undercover operations, wiretaps, or tracking suspicious gun purchases, such as:

• Buying multiple identical firearms in a short time frame

• Purchasing large quantities of firearms in cash

• Staggering purchases across different dealers to avoid reporting requirements

• Smuggling disassembled gun parts across the border to be reassembled later

If federal authorities suspect you of trafficking, you may be under surveillance long before you are arrested.

What Are Possible Defenses Against Gun Trafficking Charges?

Anyone accused of a federal crime has the right to a defense. In some cases, defendants may not have known they were moving guns for someone else. Others may have been arrested due to mistaken identity or misleading evidence. Additionally, law enforcement must follow strict procedures when investigating and arresting suspects — if federal agents conducted an unlawful search, illegally seized evidence, or failed to establish intent to traffic, charges could be challenged.

Contact a Collin County, TX Federal Gun Crimes Attorney Today

If you or a loved one has been accused of gun trafficking, you need a fearless Plano, TX federal criminal defense attorney who understands federal firearm laws and how to challenge these charges. Contact The Crowder Law Firm, P.C. for a free consultation at 214-544-0061.