A so-called “ghost gun” — a firearm with no serial number, often assembled at home from a kit or parts — has become one of the fastest-rising issues in American gun prosecutions. This week, a New Jersey rapper learned exactly how seriously the federal system takes them when a felon is the one holding the trigger.
According to federal prosecutors, Justin Pope, the 38-year-old Clifton artist known as “P-Dice,” was sentenced to five years and three months in federal prison after pleading guilty to two counts of illegally possessing ammunition as a convicted felon. The weapon at the center of the case was a privately manufactured 9mm “ghost gun” fitted with a high-capacity magazine. At L & L Law Group, PLLC, we want to use this national story to explain how Texas — and the federal courts that sit here in the Northern District of Texas — treat ghost guns, felons with firearms, and the kind of conduct described in this case.
What Happened
As reported by NJ.com, prosecutors alleged that Pope fired two shots at close range at a pregnant woman during an altercation inside a vehicle, with one bullet crossing the street and lodging in a menu display inside an open fast-food restaurant. They said he posted videos the next day taunting police — “Y’all never gonna find me” — before being arrested hours later as he tried to board a bus to New York while displaying a firearm. Ballistics reportedly tied the recovered ghost gun to the shooting. The U.S. Attorney’s Office for the District of New Jersey noted he had a prior felony aggravated-assault conviction tied to a 2016 incident. Because of that prior felony, the federal charges he pleaded to were ammunition-possession counts.
This article is L & L Law Group’s general legal commentary on a national news story. We do not represent anyone involved in this matter, we have no inside knowledge of it, and nothing here is a prediction about its outcome. Every person accused of a crime is presumed innocent unless and until proven guilty.
What Is a “Ghost Gun” — and Why It Matters Legally
A ghost gun is a firearm assembled from parts or a kit — frequently without the serial number that federal law normally requires — making it difficult for investigators to trace. The firearm itself is not magically exempt from the law: a ghost gun is still a “firearm” for purposes of most criminal statutes. What changes is the additional exposure that can come from the untraceable nature of the weapon and, in some jurisdictions, from manufacturing or possessing a firearm without a serial number. The key takeaway is that calling something a ghost gun does not make it legal — if anything, it can add charges.
Felon in Possession — Federal and Texas Versions
The most important charge in a case like this is the felon-in-possession rule. Under federal law, 18 U.S.C. § 922(g)(1) makes it a crime for anyone previously convicted of a felony to possess a firearm or ammunition that has traveled in interstate commerce. Note that word: ammunition. A felon does not even need to be caught with a gun — bullets alone are enough, which is exactly how the charges in the P-Dice case were framed.
Texas has its own version. Under Texas Penal Code § 46.04, “Unlawful Possession of Firearm by Felon,” a person convicted of a felony commits an offense by possessing a firearm before the fifth anniversary of release from confinement, parole, or community supervision — and even after that window, by possessing a firearm anywhere other than the premises where they live. A Section 46.04 violation involving a felon is generally a third-degree felony in Texas, punishable by 2 to 10 years in prison and a fine up to $10,000. Federal and state authorities can each pursue their own charges under the doctrine of dual sovereignty.
The Conduct Behind the Gun: Texas Analogs
The alleged conduct — firing at a person — would expose a defendant in Frisco or Collin County to far more than a possession charge. Pointing a firearm and discharging it at someone can support:
- Aggravated Assault with a Deadly Weapon — Penal Code § 22.02. Using or exhibiting a deadly weapon during an assault, or causing serious bodily injury, is generally a second-degree felony (2 to 20 years). It rises to a first-degree felony in certain circumstances, such as against a family or household member.
- Deadly Conduct — Penal Code § 22.05. Knowingly discharging a firearm at or in the direction of a person (or an occupied building or vehicle) is a felony. Firing a gun on a public street where a stray bullet enters an occupied business is the textbook fact pattern this statute targets.
- Unlawful Carrying / Prohibited Places — even Texas’s permitless-carry framework does not protect a convicted felon, and carrying while intoxicated or into prohibited places remains an offense.
Why a Deadly-Weapon Finding Changes Everything
In Texas, when a jury or judge enters an affirmative deadly-weapon finding, it dramatically affects parole eligibility — a defendant generally must serve a much larger share of the sentence before becoming parole-eligible. A firearm is a deadly weapon per se, so cases built around shooting almost always carry this finding, which is one reason gun cases are punished so much more harshly in practice than the raw statutory range suggests.
Frequently Asked Questions
Can I be charged just for having bullets if I’m a felon?
Yes. Under federal law, a felon possessing ammunition alone can be prosecuted under 18 U.S.C. § 922(g)(1), with no firearm required. That is precisely how the federal counts in this case were charged.
Is a ghost gun legal in Texas if I built it myself?
Building a firearm for personal use is treated differently from buying one, but a ghost gun is still a firearm under the criminal statutes. If you are a felon, possessing it — homemade or not — can violate Penal Code § 46.04 and federal law, and untraceable firearms can draw additional scrutiny and charges.
How long after a felony can I legally have a gun in Texas?
Texas law allows possession only after the fifth anniversary of release from confinement, parole, or supervision — and even then, only at the place where the person lives. Federal law under § 922(g)(1) imposes its own, broader prohibition, so a person can comply with Texas timing rules and still violate federal law.
Can both the feds and the State of Texas charge me for the same gun?
Yes. Under the dual-sovereignty doctrine, federal and state prosecutors can each bring charges arising from the same conduct without violating double jeopardy. Defendants facing a firearm case sometimes confront parallel proceedings.
How L & L Law Group Can Help
Firearm cases — especially those involving an alleged prior felony, a discharge, or an untraceable weapon — are among the most serious and fastest-escalating charges in the system. Whether the matter is in state court in Collin County or federal court in the Northern District of Texas, the difference between a possession charge and a deadly-conduct or aggravated-assault charge can mean years. Our firm helps clients in Frisco and across DFW challenge unlawful searches, contest possession and knowledge, scrutinize ballistics and chain-of-custody, and fight deadly-weapon findings that drive parole exposure. If you or a loved one is facing a firearm or ammunition charge, contact L & L Law Group, PLLC at (972) 370-5060 for a confidential consultation.
By Reggie London and Njeri London.