Texas gun laws allow a lot, but they come with many exceptions. Your age, your record, where you were, and how the gun was carried can all decide whether carrying it was legal. A firearm charge can also cost you the right to own a gun in the future.
I have sat in every seat in the courtroom: as a criminal defense lawyer, as a Municipal Judge, and as a Felony Prosecutor. I know what the State has to prove in a weapons case, and I look closely at whether it can.
What you’re facing
Chapter 46 of the Texas Penal Code covers most state weapons offenses. Some of the most common charges are:
- Unlawful carrying of a handgun. Since 2021, Texas generally does not require a license for adults 21 and older who are not otherwise prohibited. But carrying away from your own property or vehicle is still an offense if you are under 21, or if you have certain recent convictions for assault, deadly conduct, terroristic threat, or disorderly conduct involving a firearm. It is also an offense to carry in a vehicle while engaged in other criminal activity, to carry while intoxicated, or to intentionally display a handgun in public outside a holster. These charges are usually Class A misdemeanors, with up to one year in jail.
- Unlawful possession of a firearm by a felon. Under Texas law, a person with a felony conviction cannot possess a firearm anywhere until five years after release from confinement or supervision, whichever is later. After that, Texas law still makes possession a crime anywhere other than the place where the person lives. Federal law has its own, broader restrictions. (I handle firearm cases in Texas state courts only; I do not take federal cases.) This is a third-degree felony, with a range of 2 to 10 years in prison.
- Carrying while prohibited. Carrying a handgun away from your own property or vehicle while barred by a felony conviction is a second-degree felony, with a five-year minimum.
- Other prohibited possession. Having a firearm within five years after a Class A family-violence assault conviction, or while under certain protective orders, is a Class A misdemeanor.
- Weapons in prohibited places. Schools, polling places, courts, racetracks, secured airport areas, and correctional facilities are among the places where weapons are restricted. Many of these charges are third-degree felonies.
- Prohibited weapons and transfers. Possessing items such as an unregistered machine gun, or giving a gun to someone who cannot legally have one, can be separate offenses.
What the State has to prove
In many firearm cases, the State has to show that you knowingly possessed the gun. That can be a real question when a gun is found in a shared car, a shared home, or a place more than one person could reach.
The State also has to prove the facts that made the possession illegal, such as a qualifying prior conviction, your age, or the type of place.
What to do now
- Do not consent to searches of your car, home, or phone, and do not answer questions about the gun without a lawyer.
- Do not try to get the gun back or handle any other firearm until you have talked with me.
- Gather paperwork about any prior case, including release or discharge dates.
- Follow every bond condition.
- Call me before your first court date.
How I can help
Many weapons cases are decided by how the gun was found. I review:
- Whether the stop, detention, or search was lawful.
- Whether there is real proof the gun was yours.
- Your prior record and the exact dates that control the five-year periods.
- Whether the place, or the way the gun was carried, actually fits the charge.
I explain each step in plain English, and you make the key decisions.
Every case is different. Past results do not guarantee future results.
Frequently asked questions
Do I need a license to carry a handgun in Texas? Generally not, if you are 21 or older and not otherwise prohibited. But there are many exceptions, and a license can still matter in some situations.
The gun was in my car but it was not mine. Can I be charged? Yes, people are sometimes charged in that situation. The State still has to prove knowing possession.
I have an old felony. Can I keep a gun at home? Do not assume so. Texas law and federal law treat this differently. Talk with me before you make that decision.
Can a gun charge affect my right to own guns later? Yes. Some convictions limit firearm possession for years.
Talk with me about your case
Your consultation is free. Call me at (346) 366-7566. You can also email [email protected].