Frisco Firearms and Weapons Lawyer

Defense Against Firearms and Weapons Charges in Texas

Texas has some of the most well-known gun laws in the country, but weapons charges still lead to serious legal consequences. Even law-abiding gun owners can face criminal charges due to misunderstandings, misinterpretations of the law, or aggressive law enforcement tactics. A single arrest for unlawful possession, carrying a prohibited weapon, or using a firearm in self-defense can lead to severe penalties, including felony convictions that impact your rights for years.

If you’re dealing with weapons-related charges, you might feel like the system is stacked against you. Prosecutors often push for maximum penalties, and federal agencies may get involved in certain cases. An experienced Frisco firearms and weapons lawyer at Whalen Law Offices can fight to protect your rights, challenge the prosecution’s case, and pursue the best possible outcome. Our legal team understands the complexity of Texas gun laws and stands ready to defend your Second Amendment rights while working to minimize the impact of criminal charges on your future. Contact us today for a confidential consultation.

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Texas Weapons Laws Overview

Texas has some of the most well-known firearm laws in the country, but they come with strict regulations that can lead to criminal charges if not followed precisely. Gun owners must comply with laws related to carrying, possession, and restricted locations. Even a simple mistake—like carrying a gun in a prohibited area or possessing a weapon classified as illegal—can lead to serious consequences.

Concealed Carry Regulations

Texas allows permitless carry for eligible residents, but restrictions still apply. Individuals over the age of 21 who are legally allowed to own a firearm can carry a handgun in public without a License to Carry (LTC). However, certain situations still require an LTC, such as carrying in other states that honor Texas permits. Additionally, private businesses can prohibit firearms on their premises, and violating those restrictions could lead to criminal trespassing charges.

Open Carry Rules

Texans with an LTC have long been allowed to carry handguns openly in a belt or shoulder holster. With permitless carry, eligible individuals can also openly carry without a license, but they must still follow regulations regarding restricted areas and prohibited conduct. Displaying a firearm in a threatening or reckless manner could lead to charges of disorderly conduct or unlawful display of a weapon.

Prohibited Weapons

Certain weapons are illegal to possess or carry in Texas unless the owner has special federal authorization. These include:

• Machine guns
• Short-barreled rifles and shotguns
• Explosive weapons, such as grenades
• Brass knuckles (now legal as of 2019, but previously prohibited)
• Firearm silencers (unless registered under federal law)

Possession of these prohibited weapons can lead to felony charges, with potential federal involvement depending on the circumstances.

Places Where Weapons Are Restricted

Even with permitless carry, weapons are not allowed in certain locations. Carrying a firearm in a prohibited place can result in serious criminal charges, even if the person was unaware of the restriction. Common restricted areas include:

• Schools and school grounds
• Polling places during elections
• Government buildings and courtrooms
• Airports beyond security checkpoints
• Private businesses that have posted “No Firearms” signs
• Bars and other businesses that derive 51% or more of their income from alcohol sales
• Sporting events and racetracks

Violating these location-based restrictions can lead to misdemeanor or felony charges, depending on the severity of the offense.

Recent Legislative Changes

Texas gun laws frequently change, and staying informed is critical for gun owners. One of the most significant recent updates was the passage of House Bill 1927, which introduced permitless carry for eligible Texans. This law removed the LTC requirement for carrying handguns in public, but it did not change laws regarding background checks, prohibited locations, or the possession of certain weapons.

Other legislative changes have increased penalties for felons found in possession of a firearm and enhanced protections for lawful self-defense situations. With laws continuing to evolve, working with a knowledgeable attorney is essential for defending against weapons-related charges.

Common Weapons Charges We Defend

A weapons charge in Texas can arise from many situations, including routine traffic stops, home searches, or self-defense incidents. Whalen Law Offices represents clients in a wide range of firearm and weapons-related cases.

Unlawful Carrying of Weapons

Texas law requires specific conditions for carrying a firearm in public. Carrying a gun without proper authorization can result in a misdemeanor or felony charge.

Prohibited Weapons Possession

State and federal law prohibit possession of items like silencers, sawed-off shotguns, and explosive materials without proper licensing. A conviction can lead to long-term penalties.

Felon in Possession of a Firearm

Federal and state laws make it illegal for convicted felons to own or possess firearms. Even if a past conviction seems minor, carrying a firearm could lead to federal charges and lengthy prison sentences.

Unlawful Discharge of a Firearm

Firing a gun in a prohibited area, such as a residential neighborhood, could result in a criminal charge, even if the intent wasn’t malicious.

Weapons Trafficking

Selling or transporting firearms without proper licensing can lead to federal charges, with severe penalties for anyone accused of involvement in illegal gun sales.

Brandishing or Threatening with a Weapon

Displaying or using a firearm in a way that law enforcement considers threatening may result in criminal charges, even in self-defense situations.

Potential Penalties for Weapons Charges

Weapons charges in Texas carry serious consequences, with penalties that depend on the nature of the offense, whether the accused has a prior criminal record, and whether the case involves aggravating factors. A conviction can lead to heavy fines, jail or prison time, and long-term restrictions on firearm ownership. In some cases, federal charges may apply, resulting in even harsher penalties.

Misdemeanor vs. Felony Classifications

Weapons offenses range from misdemeanors to felonies, with penalties increasing based on the severity of the crime.

• Class C Misdemeanor: Often applies to minor offenses, such as carrying a firearm into a restricted location without criminal intent. Typically results in fines of up to $500 with no jail time.
• Class A Misdemeanor: Includes offenses like unlawfully carrying a weapon or possessing a firearm while intoxicated. Punishable by up to one year in county jail and fines up to $4,000.
• State Jail Felony: Applies to certain weapons offenses, such as possessing a prohibited firearm. Punishable by 180 days to two years in a state jail facility and fines up to $10,000.
• Third-Degree Felony: Includes charges like unlawful possession of a firearm by a felon. Convictions carry penalties of two to 10 years in prison and fines up to $10,000.
• Second-Degree Felony: Typically applies to more serious charges, such as unlawful firearm trafficking. Punishable by two to 20 years in prison and fines up to $10,000.
• First-Degree Felony: The most severe classification, often involving federal charges. Convictions can result in life in prison in extreme cases.

Range of Fines

Fines for weapons charges vary depending on the classification of the offense. Misdemeanor convictions may result in a few hundred to several thousand dollars in fines, while felony convictions often include fines of up to $10,000. Federal weapons charges can result in even higher financial penalties, sometimes exceeding $250,000.

Potential Imprisonment Terms

Prison sentences for weapons offenses depend on factors such as the nature of the crime, prior convictions, and whether federal charges apply. Some misdemeanor charges may only involve probation or short jail sentences, but felony convictions can lead to years—or even decades—behind bars. Federal charges often come with mandatory minimum sentences, meaning a judge has little discretion to reduce the penalty.

Collateral Consequences

A weapons conviction doesn’t just result in legal penalties—it can also have long-term effects on a person’s future. Convictions can lead to:

• Loss of Second Amendment rights: A felony conviction can permanently strip a person of the right to own or carry firearms.
• Employment challenges: Many employers conduct background checks, and a weapons conviction can make it harder to secure a job, particularly in law enforcement, security, or government positions.
• Housing difficulties: Landlords may deny applications from individuals with criminal records.
• Loss of professional licenses: Certain careers, including those in healthcare, law, and finance, may revoke or deny licenses to individuals with criminal convictions.
• Immigration consequences: Non-citizens convicted of weapons offenses may face deportation or be denied U.S. citizenship.

Long-Term Impact on Firearm Ownership Rights

Texas law and federal regulations prohibit certain individuals from possessing firearms after a conviction. In most cases, a person convicted of a felony cannot legally own or carry a gun. Federal law also prohibits firearm possession for individuals convicted of domestic violence misdemeanors.

Some options exist for restoring gun rights, but they are limited. Expungement, pardon, or legal restoration of rights through state or federal petitions may be required. A qualified attorney can help determine whether these options apply in a specific case.

Defense Strategies for Weapons Charges

A strong legal defense can challenge the prosecution’s case and protect your rights. Whalen Law Offices carefully analyzes every detail to build the best defense possible.

Constitutional Challenges (Second/Fourth Amendment)

Law enforcement must follow strict procedures when making an arrest or conducting a search. Violations of your rights may lead to evidence being dismissed.

Questioning Search and Seizure Procedures

Illegal searches often result in weapons charges. If police found a firearm without a valid warrant or probable cause, the case may be dismissed.

Self-Defense Claims

Texas law allows the use of firearms in self-defense. Demonstrating a legitimate fear of harm can serve as a strong defense against weapons charges.

Lack of Knowledge or Intent

Prosecutors must prove intent in many weapons cases. If you were unaware of a firearm’s presence or lacked criminal intent, charges may not hold up in court.

Challenging Evidence Handling and Processing

Mistakes in how evidence is collected, stored, or presented can weaken the prosecution’s case, potentially leading to reduced charges or a dismissal.

What Sets Our Firm Apart

Weapons charges require a strong legal defense. Whalen Law Offices has the experience, knowledge, and resources to protect your rights and fight for the best outcome.

Experience with Weapons Cases

Our firm has successfully defended clients in weapons-related cases throughout Texas, including Collin County, Dallas, and Fort Worth.

Knowledge of Firearms and Technical Specifications

Understanding firearm mechanics and legal definitions allows us to challenge allegations effectively.

Relationships with Firearms Experts and Witnesses

We work with forensic experts, ballistics specialists, and law enforcement professionals to build strong defense strategies.

Track Record of Successful Defenses

Our firm has secured dismissals, acquittals, and reduced charges for clients facing weapons-related offenses.

Award-Winning Representation and Board-Certified Criminal Defense Attorneys on Staff

Our legal team includes board-certified attorneys with recognition for excellence in criminal defense.

The Legal Process for Weapons Charges

Understanding what to expect during the legal process can help you prepare for what’s ahead.

Arrest and Booking Procedures

After an arrest, law enforcement processes suspects at the police station, taking fingerprints and gathering information.

Bail Considerations

A judge determines bail based on charges, criminal history, and other factors. Strong legal representation can help secure reasonable bail terms.

Preliminary Hearings

During preliminary hearings, attorneys review the case, challenge evidence, and argue for dismissal when appropriate.

Discovery Process

Both sides exchange evidence, including witness statements, police reports, and forensic findings.

Trial or Plea Negotiations

A case may go to trial if negotiations don’t result in a favorable plea deal. Our firm fights aggressively to secure the best outcome for our clients.

Potential Appeals

If a conviction occurs, an appeal may challenge errors in the trial process, aiming for a reversal or reduced sentence.

Texas Firearms and Weapons Charges FAQ

What should I do if I’m arrested on a weapons charge in Texas?

Remain calm and exercise your right to remain silent. Do not answer questions from law enforcement without an attorney present. Anything you say can be used against you in court. Contact a firearms and weapons lawyer immediately to begin building your defense.

Can I get my gun rights restored after a conviction?

Restoring gun rights after a conviction depends on the type of offense. A felony conviction typically results in a lifetime ban on firearm ownership under federal law, but some individuals may qualify for restoration through a pardon or expungement. A weapons attorney can evaluate your options.

Can a felon ever legally own a gun in Texas?

Federal and state law generally prohibit felons from possessing firearms. However, Texas allows felons to own a gun in their residence **five years after completing their sentence** (including parole or probation). This does not restore federal firearm rights, and possession outside the home remains illegal.

Do I need a License to Carry (LTC) in Texas?

Texas no longer requires an LTC for carrying a handgun in most public places. However, having an LTC can still be beneficial, as it allows you to carry in certain locations, travel to states with reciprocity agreements, and provides additional legal protections.

How do Texas gun laws apply to out-of-state visitors?

Visitors from other states must comply with Texas firearms laws while in the state. Texas honors concealed carry permits from many other states, but visitors should verify reciprocity agreements before traveling. Carrying a firearm in a prohibited location or without a recognized permit could result in criminal charges.

Contact Our Experienced Firearms and Weapons Attorneys Now

A weapons charge can put your future at risk. criminal defense attorney in Frisco, TX at Whalen Law Offices fights aggressively for clients throughout Texas, ensuring that rights are protected at every stage. Call (214) 949-4561 today for a confidential consultation.

Contact us

Whalen Law Office – Frisco Office

9300 John Hickman Pkwy #501
Frisco, Texas 75035