Weapons cases sit at the intersection of Texas Penal Code Chapter 46, federal 18 U.S.C. § 922, and Fourth Amendment search-and-seizure doctrine. The defense work in most cases is suppression: was the stop lawful, was the search consensual or warranted, did the officer have probable cause to believe the firearm was illegally possessed. Felon-in-possession cases add the additional element of prior-conviction proof and constructive possession theory.
L and L Law Group, PLLC defends unlawful carrying of a weapon, felon in possession of a firearm, possession of a prohibited weapon, unlawful transfer of a weapon, and state and federal weapons enhancements. We litigate the Bruen-era constitutional challenges to specific subsections of § 922(g) where the facts support them.
Felon In Possession Defense
Read more →Prohibited Weapons Defense
Read more →Ucw Defense
Read more →Weapon Transfer Defense
Read more →Texas concealed carry defense
Texas concealed carry violations under PC § 46.035 — license-holder mistakes, prohibited places, intoxication while carrying, 30.06/30.07.
Read more →Texas & federal gun rights restoration defense
Restoring firearm rights after conviction-based federal/state disqualification under 18 U.S.C. § 922(g) and Texas Penal Code § 46.04.
Read more →Texas License to Carry defense
Texas LTC denial, suspension, and revocation defense under Gov
Read more →Federal machine gun & NFA defense
Federal machine gun & NFA defense in Frisco TX — 26 USC § 5861(d), § 922(o) Hughes Amendment, Staples knowledge, post-Cargill, Tex. PC §.
Read more →Texas stolen firearm defense
Frisco TX stolen-firearm defense — PC § 31.03(e)(4)(C) state-jail felony regardless of value, § 31.03(b)(2) receiving, 18 USC § 922(j), §.
Read more →Frequently Asked Questions
Can I be charged for a gun found in my home that wasn't mine?+
Possession of a firearm requires either actual possession (on your person) or constructive possession (knowledge of the firearm and the ability to control it). Texas applies the "affirmative links" doctrine from Poindexter v. State — the State must show more than mere presence near a weapon, but factors like proximity, ownership of the location, fingerprints, and statements can establish constructive possession.
Does Texas constitutional carry (HB 1927) protect me if I have a prior felony?+
No. HB 1927 (2021) permits permitless carry only for persons not otherwise prohibited from possessing a firearm. Felons remain prohibited under Penal Code § 46.04 and federal 18 U.S.C. § 922(g)(1); persons subject to family-violence protective orders remain prohibited under § 46.04(c) and § 922(g)(8).
What is the difference between Texas unlawful-possession charges and federal 922(g) charges?+
Texas § 46.04 is a third-degree felony (2–10 years) and requires possession within 5 years of release. Federal § 922(g) has no time limit and exposes the defendant to a federal range driven by U.S.S.G. § 2K2.1 — often 24–60 months for a single prior, much more with criminal history. Federal cases also avoid Texas parole. The same firearm can support either prosecution, and the U.S. Attorney's Office decides whether to adopt the case.
Can I restore my gun rights after a felony conviction?+
Limited paths exist. Texas § 46.04 allows possession 5 years after release at home only — but federal § 922(g) continues to prohibit. A full gubernatorial pardon under Texas Code of Criminal Procedure Article 48.01 can restore Texas rights, but federal restoration requires either a Presidential pardon, expungement under 18 U.S.C. § 921(a)(20), or in limited circumstances § 925(c) relief (though Congress has defunded ATF processing). Post-Bruen Second Amendment litigation has opened narrow paths in some federal circuits.
Will an "as applied" Bruen challenge work in my case?+
It depends on facts. Post-New York State Rifle & Pistol Association v. Bruen and United States v. Rahimi, certain § 922(g) prohibitions are being challenged as inconsistent with historical tradition. Range v. Attorney General (3d Cir.) granted as-applied relief to a non-violent felon; the Fifth Circuit has been more skeptical but has invalidated § 922(g)(8) as applied in some cases. The analysis is fact-specific and evolving rapidly.
Where is carrying still prohibited even after constitutional carry?+
Penal Code § 46.03 keeps a long list of prohibited places: schools and school activities, polling places, courts and court offices, racetracks, the secured area of an airport, bars deriving 51% of income from alcohol, correctional facilities, and others. Signage and notice rules matter to some of these locations, and penalties vary by place, so “constitutional carry” is not a defense to a prohibited-places charge.
Can I carry a handgun in my car without a license?+
Generally yes, if you are not otherwise prohibited. Penal Code § 46.02(a-1) permits carrying a handgun in a vehicle you own or control, provided the gun is concealed or carried in a holster if visible, and you are not engaged in criminal activity, prohibited from possessing a firearm, or a member of a criminal street gang. A prior felony or family-violence conviction removes this protection entirely, and the rules for adults under 21 have been in flux after recent federal litigation.
Does a protective order suspend my gun rights?+
Yes. Penal Code § 46.04(c) makes it an offense to possess a firearm while an active protective order issued after notice and hearing is in place, and federal law — 18 U.S.C. § 922(g)(8) — reaches the same conduct with felony exposure. The U.S. Supreme Court upheld the federal ban in United States v. Rahimi (2024), so do not assume the restriction is unenforceable. Orders typically also direct surrender of firearms for their duration.
Is it illegal for a felon to possess ammunition in Texas?+
Texas's felon-in-possession statute, § 46.04, covers firearms — possessing plain ammunition is not by itself a state offense after a felony. Federal law is the trap: 18 U.S.C. § 922(g)(1) bans felons from possessing ammunition as well as firearms, and federal prosecutions over nothing more than a box of shells do happen. State-law analysis alone is never the complete answer to a firearm-rights question.
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What is texas weapons charges defense under Texas law?
Elements the State must prove
Every weapons charges defense charge is built on statutory elements. The State carries the burden on each element beyond a reasonable doubt under Penal Code § 2.01. Defense work begins by identifying which element the State will struggle to prove on this case’s record.
- For unlawful carry under § 46.02: intentionally, knowingly, or recklessly carries a handgun (1) on or about the person or (2) in a vehicle, in violation of statutory restrictions.
- For felon in possession under § 46.04(a): a person convicted of a felony intentionally possesses a firearm before the fifth anniversary of release.
- For location-prohibited carry under § 46.03: knowingly carrying a firearm into a prohibited location (school, polling place, court, etc.).
- For federal § 922(g)(1): a person who has been convicted of a crime punishable by more than one year in prison knowingly possesses a firearm; Rehaif v. United States requires knowledge of prohibited status.
- For § 924(c) firearm in furtherance: use, carry, or possess in furtherance of a federal drug-trafficking crime or violent crime — 5/7/10/25-year consecutive minimums.
Penalty range matrix
The exposure on a weapons charges defense case depends on the specific subsection, the alleged conduct, and any enhancement allegations. The table below captures the principal charge tiers we see.
| Offense | Statute | Level | Range |
|---|---|---|---|
| Unlawful carry (without LTC, by prohibited person) | § 46.02(a) | Class A misdemeanor | up to 1 year + $4,000 |
| Unlawful carry (premises/criminal gang) | § 46.02(c) | State jail or 3rd-degree felony | up to 10 years |
| Felon in possession (under 5 years from release) | § 46.04(a)(1) | 3rd-degree felony | 2–10 years TDCJ + $10,000 |
| Felon in possession (after 5 years) | § 46.04(a)(2) | Class A misdemeanor | up to 1 year + $4,000 |
| Location prohibited (school) | § 46.03(a)(1) | 3rd-degree felony | 2–10 years |
| Federal § 922(g)(1) | 18 U.S.C. § 922(g) | Federal felony | up to 15 years |
| Federal § 924(c) | 18 U.S.C. § 924(c) | Federal felony | 5/7/10/25-year consec. minimums |
| Federal ACCA | 18 U.S.C. § 924(e) | Federal felony | 15-year mandatory minimum |
How the cases come up — hypothetical scenarios
These scenarios illustrate how weapons charges defense charges arise in DFW criminal practice. They are illustrative only and do not describe any specific client or outcome.
- A defendant lawfully carrying without an LTC in Texas under HB 1927 (constitutional carry), now charged after a § 46.02(a-5) prohibited-carry context (intoxication, criminal-street-gang). Carry restrictions under HB 1927 are narrower than the original § 46.02 framework.
- A defendant with a prior felony charged under § 46.04(a)(1) for possession of a firearm. Defenses focus on the five-year measurement, possession analysis, and the offense's status as a "felony conviction" under § 46.04(f).
- A defendant indicted under § 922(g) following Rehaif v. United States, 139 S. Ct. 2191 (2019). The government must prove the defendant knew of the prohibited status, not just the possession.
- A defendant charged with § 924(c) firearm in furtherance during a drug-trafficking case. The mandatory consecutive sentence becomes the centerpiece of plea negotiations.
- A defendant with three prior qualifying violent or drug felonies facing § 924(e) ACCA enhancement — 15-year mandatory minimum on the § 922(g) count.
- A defendant in a school zone alleged to have brought a firearm onto the premises. § 46.03(a)(1) is a third-degree felony with limited defenses; the school-zone definition under § 46.11 controls.
- A defendant charged with carrying into a polling place or courthouse. § 46.03(a)(2), (3) apply; certain license-holder exceptions narrow the offense.
Common defenses
Weapons Charges Defense defense draws on constitutional, statutory, and evidence-based theories. The mix of available defenses depends on the specific charge, the State’s evidence, and the procedural posture.
What to do if you’re charged — five steps
The first 72 hours after an arrest or charging decision shape the case. The five steps below are the framework our partners apply on every new weapons charges defense retainer.
Most weapons cases turn on the lawfulness of the stop, search, or seizure. Fourth Amendment challenges under Terry v. Ohio, 392 U.S. 1 (1968); CCP Article 38.23 exclusion.
Constructive possession requires affirmative links — proximity is not enough. Carrying-on-the-person versus accessible-in-vehicle distinctions under § 46.02.
Some cases face overlapping federal indictment; understanding the federal-state forum and the trigger for federal prosecution informs strategy.
For § 922(g) cases, challenge knowledge of prohibited status. For ACCA cases, challenge whether prior offenses are qualifying violent felonies or serious drug offenses under Mathis v. United States, 579 U.S. 500 (2016).
In federal cases, § 924(c) consecutive minimums frequently drive negotiated resolution. State cases negotiate the conviction's impact on lifetime federal § 922(g)(1) eligibility.
Collateral consequences
A conviction or even a deferred-adjudication finding can carry consequences beyond the sentence itself. The list below identifies the most common collateral exposures for weapons charges defense matters.
- Federal firearm prohibition under 18 U.S.C. § 922(g)(1) — lifetime, on any felony conviction
- Texas firearm prohibition under Penal Code § 46.04(b) — five years post-completion
- CCW/LTC license under Gov't Code Chapter 411 revocation or denial
- Federal sentencing impact — firearms enhancements at USSG § 2K2.1
- Career-offender exposure for repeat firearm offenders
- ATF Form 4473 disclosure obligations on any subsequent purchase
- Pending case alone bars firearm possession in many circumstances
Related practice areas, calculators, and resources
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