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Weapons Offenses in Texas: What Can Get You Charged?
John D.
Weapons in Texas are known to be both open and strict, based on the situation. While many people are legally carrying firearms across the state. It is also easy to be accused of a serious crime if you are not careful. A mistake or misunderstanding can lead to arrest, court dates, and long-term consequences.
This guide will break down what can get you charged under Texas law. It explains the most common weapons offenses in Texas, when possession becomes illegal, and how seemingly small decisions, such as carrying into a bar, can turn into a major legal issue. If you or someone you know is facing charges, understanding your rights and what is at stake is a must.
Common Types Of Weapons Offenses In Texas
Texas law allows gun ownership, but it also sets strict limits. If you step outside those boundaries, you could face charges such as:
- Unlawful Carrying of a Weapon (UCW): Carrying a handgun without meeting legal requirements, especially in prohibited places.
- Felon in Possession of a Firearm: Once convicted of a felony, you can’t legally possess a gun within five years of release from prison or supervision.
- Possession of Prohibited Weapons: Texas bans certain items altogether, including machine guns, silencers, short-barrel firearms, and brass knuckles.
- Firearms in Restricted Places: Guns are banned in certain public areas like schools, airports, polling places, and some businesses.
Each of these offenses carries different penalties, but all can result in a permanent criminal record.
Unlawful Possession Of A Firearm: When Is It A Crime?
You don’t need to do a violent act to be charged with an unlawful possession of a firearm. It’s enough to simply own or carry a gun when the law says you shouldn’t.
Texas law prevents certain people from keeping guns, including:
- Convicted felons
- People with violence in the home
- Anyone under a protective order
- Minors, in most cases
- On probation or probation for any offense
Even if you have a gun in your home or car, it can be illegal if you are part of these restricted groups. If you have lost the rights to your gun, it can again lead to felony charges.
Carrying Without A License: Still A Crime In Some Cases
Texas passed a law in 2021, HB 1927, known as constitutional carry, that lets most people 21 and older carry a handgun without a permit. But that doesn’t mean it’s always legal.
You still can’t carry a weapon:
- On school property
- Inside bars and nightclubs
- In courthouses
- In federal buildings
- At private businesses that have posted signs banning firearms
If you violate one of these rules, you can be arrested and charged. Even though a license isn’t required in general, not knowing the exceptions can land you in jail.
Weapons Offenses And Prior Criminal History
Your past can heavily affect your present when it comes to gun charges in Texas. If you already have a criminal record, any weapons charge becomes more serious.
For example:
- For the first time offender with a gun in a restricted area, may face a Class A misdemeanor.
- But if you have a felony conviction, the same charge can turn into a third-degree felony.
Repeat offenders may also be labeled as “habitual offenders,” which can increase the possible sentence. Courts take repeat weapons violations seriously and may not offer leniency.
Gun Charges In Texas: Misdemeanor Or Felony?
Whether a weapons offense in Texas is treated as a misdemeanor or felony depends on several things:
- The type of weapon involved
- Where the weapon was found
- The person’s criminal history
- Whether any threats or harm occurred
Class A misdemeanor: Unlawful carrying of a weapon punishable by up to 1 year in jail and $4,000 fine.
Third-degree felony: Felon in possession of a firearm or carrying in certain restricted places punishable by 2 to 10 years in prison and up to $10,000 fine.
Some cases may even be bumped up to second-degree felonies if other crimes (like drug possession or domestic violence) are involved.
Federal Weapons Charges Vs. State Charges
Not all weapons cases are handled by Texas courts. Sometimes, federal charges apply, especially when weapons are involved in broader crimes or cross state lines.
Federal cases often involve:
- Firearms trafficking
- Using a weapon during a drug crime
- Possession of a firearm by someone prohibited under federal law
- Modification of weapons into illegal forms (like converting a semi-automatic into a fully automatic)
Federal penalties are usually harsher than state ones and can include mandatory minimum sentences.
Arrested For A Gun Crime? What Happens Next
If you’re arrested for a gun offense in Texas, the process begins quickly. Here’s what typically happens:
- You’re taken into custody by law enforcement.
- Charges are filed, and you’ll be assigned a court date.
- You may post bail or be held in jail until your arraignment.
- You’ll appear in court and decide whether to plead guilty, not guilty, or no contest.
- The case will either go to trial or be resolved through a plea agreement.
Avoid talking to the police or making statements without an attorney. Anything you say can be used against you in court.
Defending Against Weapons Charges In Texas
If you’ve been charged, a strong defense can make a major difference. Common defenses include:
- Unlawful search and seizure: The weapon was found during an illegal stop or without a warrant.
- No intent to commit a crime: You had the weapon legally and weren’t doing anything wrong.
- Mistaken identity: The weapon belonged to someone else or was planted.
- Self-defense claim: You carried the weapon in response to a direct threat.
In many cases, police and prosecutors overstep their bounds. A solid defense can reduce or even dismiss the charges entirely.
Final Thoughts
Gun rights come with serious responsibilities. In Texas, one wrong step with a weapon, whether you meant harm or not, can put you in jail and ruin your record. The law changes fast, and not knowing the details is no excuse in court.
If you’re facing charges related to weapons offenses in Texas, don’t wait. Your future and your freedom are at risk. Contact L&L Law Group in Texas today for a confidential consultation. We’re here to fight for your rights and help you get your life back on track.