Facing weapons charges in Arlington, Texas can result in devastating consequences that extend far beyond the courtroom. Texas maintains some of the nation’s strictest firearm penalties, and Arlington law enforcement takes gun crimes seriously.
A conviction can mean years in prison, permanent felony records, and lifetime firearm prohibitions. Our experienced criminal defense attorneys understand the complexities of Texas gun laws and have successfully defended clients throughout Tarrant County.
If you’ve been charged with a weapons offense in Arlington, don’t wait. Contact our experienced Arlington criminal defense lawyers today at (972) 528-0478.
Types of Weapons Charges in Arlington, TX
Understanding the specific weapons charge you’re facing is crucial for building an effective defense strategy. Texas law categorizes firearm and weapon offenses into several distinct categories, each carrying different penalties and legal implications.
Unlawful Carrying of a Weapon (UCW)
Under Texas Penal Code §46.02, unlawful carrying of a weapon is one of the most common gun charges in Arlington. This offense occurs when someone intentionally, knowingly, or recklessly carries a handgun, illegal knife, or club on their person or in a vehicle under their control.
Common scenarios leading to UCW charges include:
- Traffic stops on Interstate 30, Highway 360, or local streets where officers discover firearms during vehicle searches
- Entertainment venues along Division Street where weapons are found in establishments with firearm prohibitions
- UT Arlington campus violations, particularly near dormitories or the University Center
- Special events at Levitt Pavilion, Rangers games, or Cowboys events with enhanced security screening
The prosecution must prove you knowingly carried the weapon, creating opportunities for effective defense challenges.
🚨 Felon in Possession of a Firearm
Federal and state laws prohibit convicted felons from possessing firearms. Under 18 U.S.C. § 922(g), federal prosecutors can pursue charges carrying up to 10 years in prison, while Texas Penal Code §46.04 allows for state prosecution as a third-degree felony.
The “Armed Career Criminal Act“ enhances penalties to 15 years to life for defendants with multiple violent felony or serious drug convictions.
Possession in Prohibited Places
Texas law designates specific locations where firearms are strictly forbidden. Common prohibited places include:
- Educational institutions (including UT Arlington campus)
- Polling places during elections
- Airports beyond security checkpoints
- Courts and government buildings
- Hospitals and mental health facilities
The prosecution must prove “knowing” possession, often central to defense strategies since many defendants weren’t aware they were in restricted areas.
Possession of an Illegal Weapon
Federal and state regulations classify certain firearms as illegal for civilian possession:
- Automatic weapons manufactured after 1986
- Short-barrel rifles with barrels under 16 inches
- Suppressors without proper federal registration
- Armor-piercing ammunition
These cases often involve complex federal regulations requiring attorneys experienced in both jurisdictions.
Firearm Possession While Intoxicated
Texas Penal Code §46.035 makes it illegal to carry a firearm while intoxicated by alcohol or controlled substances. This charge frequently accompanies DWI arrests and can result in additional penalties beyond drunk driving consequences.
Penalties for Gun Crimes in Texas
Weapons charge penalties depend on the specific offense, defendant’s criminal history, and arrest circumstances. Understanding potential consequences helps defendants make informed decisions about plea negotiations versus trial.
| Charge Level | Potential Penalties | Common Examples |
|---|---|---|
| Class A Misdemeanor | Up to 1 year jail, $4,000 fine | First-time UCW |
| Third-Degree Felony | 2-10 years prison, $10,000 fine | Felon in possession, prohibited places |
| Second-Degree Felony | 2-20 years prison, $10,000 fine | Enhanced UCW with priors |
| Federal Charges | Up to 10 years (or life with enhancements) | Interstate trafficking, automatic weapons |
License-to-carry (LTC) complications arise when weapons convictions typically result in automatic LTC revocation and potential federal firearm prohibitions under 18 U.S.C. § 922.
Enhancement penalties apply for defendants with prior convictions, with second UCW offenses becoming third-degree felonies and certain violent crime histories triggering federal mandatory minimums.
Legal Defenses Against Weapons Charges
Successful weapons defense requires thorough investigation of arrest circumstances, evidence collection procedures, and constitutional protections.
Illegal Search and Seizure (Fourth Amendment)
The Fourth Amendment protects against unreasonable searches and seizures. Common violations include:
- Unlawful vehicle searches during routine traffic stops
- Coercive consent searches
- Plain view doctrine misapplications
- Defective search warrants
When courts suppress illegally obtained evidence, prosecutors often cannot prove their cases.
Lack of Intent or Knowledge
Many weapons charges require proof of intent or knowledge. Successful defenses include:
- Lack of knowledge the firearm was present
- No intent to carry unlawfully
- Unaware of prohibited person status
- Didn’t realize location restrictions
Firearm Was Legally Owned or Carried
Constitutional carry and licensing defenses can apply when defendants possessed valid permits or fell under legal exceptions. Texas law allows certain types of firearm possession and transportation even without LTC licenses.
Rights Violations During Arrest
Miranda rights violations, improper detention, and other procedural errors can compromise prosecution cases. Our attorneys scrutinize police reports, body camera footage, and witness statements to identify constitutional violations.
Our firm will examine every detail of your arrest to identify rights violations and build your defense. Call (972) 528-0478 today.
How Our Arlington Weapons Charges Lawyer Can Help
With over 35 years of combined criminal defense experience, our team brings deep knowledge of Texas firearm laws and local court procedures to every case. We understand how Arlington police investigate gun crimes and how Tarrant County prosecutors build their cases.
Local Familiarity with Tarrant County Courts
Our attorneys practice regularly in Arlington Municipal Court at 101 W. Abram Street, Tarrant County Criminal Courts, and the federal courthouse at 501 W. 10th Street in Fort Worth. We know the parking challenges at the Tim Curry Criminal Justice Center (401 W. Belknap) and can guide you to the visitor parking garage on the north side. This familiarity with local judges, prosecutors, and court procedures gives our clients significant advantages in negotiations and trial preparation.
At your arraignment in Tarrant County, expect to appear before a magistrate judge who will read the charges and set bond conditions. We’ll help you understand the paperwork, including any protective orders or firearm surrender requirements that often accompany weapons charges.
Aggressive Pre-Trial Motions
We file comprehensive suppression motions challenging illegal searches, Miranda violations, and other constitutional problems. Many weapons cases are won or lost based on pre-trial motion practice, making this phase crucial for successful outcomes.
Proven Track Record
Our extensive experience includes handling hundreds of weapons charges cases throughout Tarrant County and North Texas, with successful outcomes including dismissals, charge reductions, and favorable plea agreements.
What to Expect: Navigating Arlington and Tarrant County Courts
Court Locations and Procedures
Arlington Municipal Court (101 S. Mesquite Street in City Tower) handles misdemeanor weapons charges and initial appearances. Limited street parking is available, but we recommend arriving early as downtown Arlington parking fills quickly during court hours.
Felony weapons charges proceed to the Tim Curry Criminal Justice Center (401 W. Belknap Street, Fort Worth). The building houses multiple criminal district courts, and visitor parking is available in the north garage with validation at the information desk. Bring valid photo ID – the courthouse requires security screening similar to airports.
Federal weapons cases are heard at the Eldon B. Mahon United States Courthouse (501 W. 10th Street, Fort Worth) with extensive security screening and special authorization required for electronic devices.
Bond and Pretrial Release
Arlington Police typically set initial bonds between $2,500-$15,000 for misdemeanor weapons charges, while felony cases may require $10,000-$50,000 bonds. Common bond conditions include:
- Surrender of all firearms to police or licensed dealer
- No contact with complainants in domestic violence cases
- Alcohol/drug testing if intoxication was involved
- Stay away from prohibited locations like schools or the UT Arlington campus
Willingness to Take Cases to Trial
While many attorneys prefer plea agreements, we’re prepared to fight weapons charges at trial when it serves our clients’ best interests. Prosecutors know we won’t accept unfavorable deals simply to avoid trial preparation.
Speak to an Arlington criminal defense attorney today — we offer confidential consultations and fierce legal representation. Contact us at (972) 528-0478.
Real-World Scenarios: How Weapons Charges Develop
Understanding how weapons charges typically develop can help you recognize potential legal risks and the importance of experienced representation.
Scenario 1: Traffic Stop Discovery
During routine traffic stops on Interstate 30 through Arlington, officers may discover firearms in vehicles. Even legal gun owners can face charges if weapons aren’t properly secured or if licensing requirements aren’t met.
Potential charges: Unlawful Carrying of a Weapon (Class A misdemeanor)
Common defense strategies: Challenge consent to search, verify licensing status
Scenario 2: College Campus Incident
UT Arlington students may unknowingly violate campus carry restrictions when firearms are inadvertently brought into prohibited campus areas like the University Center or library buildings.
Potential charges: Possession in prohibited place (third-degree felony)
Defense strategies: Lack of knowledge, constitutional challenges to campus carry restrictions
Scenario 3: Entertainment District Arrest
After attending events at Levitt Pavilion or in the Entertainment District, individuals with valid licenses may unknowingly enter establishments that prohibit firearms through proper 30.06/30.07 signage.
Potential charges: Trespass by license holder with firearm (Class A misdemeanor)
Defense strategies: Challenge notice requirements, examine signage compliance
Scenario 4: DWI with Firearm
When DWI arrests occur near Arlington’s entertainment venues, officers may discover firearms during booking procedures. This creates additional charges beyond drunk driving.
Potential charges: DWI, Firearm Possession While Intoxicated
Defense strategies: Challenge DWI evidence, argue firearm wasn’t being “carried” while intoxicated
Why Choose Us for Your Arlington Weapons Charges Defense?
Client-Focused Representation
We understand that weapons charges threaten your freedom, career, and constitutional rights. Our attorneys explain your options and involve you in defense strategy decisions throughout the process.
Deep Knowledge of Texas Firearm Laws
Texas Penal Code Title 10 contains complex firearm regulations that intersect with federal laws. Our team stays current on legislative changes, court decisions, and enforcement trends.
Responsive and Available 24/7
Weapons arrests often happen during evenings, weekends, or holidays. We provide emergency consultation services and begin working immediately after arrest.
Strong Track Record of Dismissals and Charge Reductions
Our case results demonstrate consistent success in achieving favorable outcomes for weapons charges clients. We’ve secured dismissals, charge reductions, and not guilty verdicts across various firearm offense categories.
Charged with a weapons offense in Arlington? Reach out to our team and protect your future. Call (972) 528-0478 for immediate assistance.
Related Practice Areas
Our comprehensive criminal defense services extend beyond weapons charges to related areas where firearm issues frequently arise:
- Arlington Criminal Defense Lawyer – Complete criminal defense representation
- Firearm and Weapon Offenses – Statewide gun crime defense
- DWI Defense – When firearm charges accompany drunk driving arrests
Don’t face serious weapons charges alone. Our experienced Arlington criminal defense attorneys have the knowledge, resources, and commitment needed to protect your rights and fight for the best possible outcome in your case. Contact the Law Offices of Richard C. McConathy today for a confidential consultation about your weapons charges defense.
Frequently Asked Questions
What is considered unlawful weapon possession in Arlington?
Unlawful weapon possession includes carrying handguns, illegal knives, or clubs without proper licensing or in prohibited locations. Texas law defines specific circumstances where firearm possession becomes criminal, even for legal gun owners.
Can I carry a gun in my car in Texas?
Texas generally allows firearm transportation in vehicles under the “traveling” exception, with restrictions. The weapon must be concealed from plain view, and you cannot be engaged in criminal activity or prohibited from possessing firearms.
What happens if I’m caught with a gun while intoxicated?
Firearm possession while intoxicated is a Class A misdemeanor carrying up to one year in jail and $4,000 in fines, often accompanying DWI arrests.
Will a weapons charge stay on my record?
Weapons convictions typically remain on criminal records permanently unless expunged through legal proceedings. Felony weapons convictions trigger federal firearm prohibitions under 18 U.S.C. § 922.
Is a gun charge in Texas a felony?
Many weapons charges are felonies, particularly for repeat offenders or prohibited persons. First-time unlawful carrying typically qualifies as a Class A misdemeanor, while felon-in-possession and prohibited place violations are third-degree felonies.