A Texas firearm and weapon offenses lawyer defends people charged with illegally carrying, possessing, or using a weapon under Texas law. An arrest like this often feels serious and confusing fast, and the charge may range from a misdemeanor to a felony depending on the facts.
Talking to a lawyer before answering questions from police or prosecutors is one of the most important moves for anyone facing a Texas weapon charge.
The Law Offices of Richard C. McConathy defends Texans across the state against unlawful carrying charges, felon-in-possession cases, and other firearm and weapon offenses under the Texas Penal Code.
If police or a grand jury have already acted on your case, call 972-233-5700 for a free consultation on your individual case.
How Does the Law Offices of Richard C. McConathy Defend Firearm and Weapon Charges?
The Law Offices of Richard C. McConathy has defended Texans in criminal cases since 2002, building a record of more than 6,000 cases handled and over 1,000 dismissals along the way.
Firearm and weapon charges make up a steady share of that caseload, because these charges attach to traffic stops, domestic disputes, and search warrants just as often as they attach to a standalone weapons arrest.
A weapon case moves fast in the first 48 hours, and the decisions made in that window shape everything that comes after. The firm structures its defense work around a few core commitments:
- Direct access to the attorney handling the case, not a paralegal or junior associate swapped in between meetings.
- A straightforward, no-pressure case assessment before any decision about a plea or a fight in court gets made.
- Availability around the clock for criminal emergencies, since arrests rarely happen during business hours.
- Courtroom experience across Dallas, Tarrant, Denton, Collin, and Parker County courts, along with others statewide.
Call 972-233-5700 for a free consultation on a firearm or weapon charge. We are available 24/7, and you speak with Richard C. McConathy directly.
What Weapon Charges Does Texas Prosecute Under Penal Code Chapter 46?
Texas Penal Code Chapter 46 covers a wide range of firearm and weapon offenses, from carrying a handgun unlawfully to possessing weapons the state labels prohibited.
A weapon charge in Texas rarely looks the same from one case to the next, because the statute treats the weapon, the location, and the person's record as three separate questions.
The most common weapon and firearm charges filed across Texas courts include:
- Unlawful carrying of a weapon under Penal Code Section 46.02.
- Possession of a firearm by a person with a prior felony conviction under Section 46.04.
- Possession of a prohibited weapon, such as a machine gun or short-barrel firearm, under Section 46.05.
- Carrying a weapon in a place the law prohibits, including schools and polling places, under Section 46.03.
- A deadly weapon finding attached to a separate charge, such as robbery or aggravated assault.
Texas treats a deadly weapon finding as its own sentencing factor, so a weapon charge often travels alongside a more serious offense rather than standing alone. Knowing which category applies changes every decision that follows, from bail arguments to trial strategy.
What Is the Penalty for a Weapon Charge in Texas?
Penalties for a Texas weapon charge range from a Class A misdemeanor, punishable by up to a year in county jail, to a felony carrying years in state prison. The exact range depends on the specific offense, the weapon involved, and whether the person has a prior conviction.
| Weapon Offense | Classification | Potential Penalty Range |
| Unlawful carrying of a weapon (standard case) | Class A misdemeanor | Up to 1 year in county jail and a fine up to $4,000 |
| Unlawful carrying while committing another offense | State jail felony | 180 days to 2 years in a state jail facility and a fine up to $10,000 |
| Possession of a firearm by a person with a felony conviction | Third-degree felony | 2 to 10 years in prison and a fine up to $10,000 |
| Carrying a weapon in a place the law prohibits (schools, courts, polling places) | Third-degree felony | 2 to 10 years in prison and a fine up to $10,000 |
| Possession of a prohibited weapon (machine gun, short-barrel firearm) | Class A misdemeanor to third-degree felony | Up to 1 year in jail, or 2 to 10 years in prison, depending on the weapon |
These ranges come from Penal Code Chapter 12, the section that sets punishment classifications for every Texas offense.
Does a Past Felony Conviction Affect Your Right to Own a Firearm in Texas?
Yes, a past felony conviction restricts firearm possession under both Texas and federal law, and the two systems apply separately. A single firearm found in one search may lead to a state charge, a federal charge, or both, depending on which agency picks up the case.
State Charges Under Penal Code Section 46.04
Texas Penal Code Section 46.04 makes it a third-degree felony for a person with a felony conviction to possess a firearm before the fifth anniversary of their release from confinement, parole, or community supervision, whichever comes later.
After that five-year period passes, possession away from the person's own residence remains a third-degree felony under the same section.
Federal Charges Through the ATF
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) enforces a separate federal prohibition on firearm possession by people with felony convictions.
The ATF's guidance on prohibited possessors explains who falls under that federal restriction, and it applies regardless of how much time has passed since a Texas conviction.
A federal charge under this framework carries its own sentencing range, separate from anything a Texas court hands down.
Does Texas's Permitless Carry Law Protect You From Every Weapon Charge?
No, permitless carry does not protect a gun owner from every weapon charge. The law allows most legally eligible adults age 21 and older to carry a handgun without a license, but it does not erase the list of places and situations where carrying a weapon remains a crime.
The Texas Department of Public Safety still issues a License to Carry for people who want reciprocity in other states or who fall outside the permitless carry rules. Meanwhile, the Penal Code Section 46.03 keeps a list of locations where carrying a weapon triggers a charge no matter what license status a person holds:
- Schools and educational institutions.
- Polling places during an election.
- Courts and government offices being used by a court.
- Racetracks and secured areas of airports.
- Bars and other locations that draw most of their revenue from on-site alcohol sales.
Permitless carry changed the paperwork requirement, not the list of places where carrying a weapon remains illegal, and prosecutors across Texas still charge people who assumed otherwise.
Ask the Law Offices of Richard C. McConathy
Q: Is Texas really a permitless carry state for handguns?
A: Yes, since September 2021, most Texans age 21 and older may carry a handgun without a license, as long as they meet the eligibility rules under Penal Code Section 46.02, including having no disqualifying criminal history.
Q: Do I still need a License to Carry in Texas?
A: No license is required for most eligible adults to carry, though a License to Carry still offers benefits like reciprocity when traveling to other states and an exception to certain gun-free zone rules that apply to unlicensed carriers.
Q: Can I carry a gun in my car without a license in Texas?
A: Generally yes, a person legally eligible to own a firearm may keep it in a vehicle they own or control, whether they hold a license to carry, under the vehicle exception in Section 46.02.
Q: Is unlawful carrying always a felony in Texas?
A: No, a first-time unlawful carrying charge is typically a Class A misdemeanor, and it only rises to a felony when the person carries while committing another crime or has disqualifying factors like a felony record.
Q: What happens if police find a gun during a traffic stop in Texas?
A: It depends on the driver's eligibility to possess a firearm, where the gun was located in the vehicle, and whether any other offense was occurring at the time, since any of those facts can change the charge filed.
What Happens After a Weapon Charge Arrest in Texas?
A weapon charge arrest in Texas moves through booking, a bail decision, formal charging, and pretrial proceedings before it ever reaches a trial date. Each of those stages gives a defense attorney a chance to challenge the evidence the state plans to use.
- Booking and a magistrate's bail decision, typically within 48 hours in most Texas counties.
- An initial court appearance where the formal charge gets read into the record.
- A discovery period where the defense reviews police reports, body camera footage, and any lab results on the weapon itself.
- Pretrial motions, including a motion to suppress evidence gathered through a search that lacked proper legal grounds.
- Resolution through trial, a negotiated plea, or, in qualifying cases, deferred adjudication.
Each stage creates an opening to test the state's evidence. A charge that looks solid at the moment of arrest often looks different once a defense attorney reviews the discovery file line by line.
What Defenses Apply to a Texas Weapon or Firearm Charge?
Several defenses apply regularly in Texas weapon and firearm cases, and the right one depends heavily on how the weapon was found and where.
- An unlawful search, meaning the weapon should get excluded if officers found it without a valid warrant or a recognized exception.
- The premises exception under Section 46.02, since a person may lawfully carry inside their own home, vehicle, or place of business.
- Lack of knowledge, such as a passenger being unaware that a firearm sat inside someone else's bag or glove compartment.
- An expired restriction, when enough time has passed and the person's residence status satisfies the exception under Section 46.04.
- A misclassified weapon, since prosecutors sometimes charge an item as prohibited when it falls short of the statutory definition.
FAQ for Texas Firearm & Weapon Offenses Lawyer
How much does a Texas firearm and weapon offenses lawyer cost?
Costs vary based on the charge level and whether the case goes to trial, but the Law Offices of Richard C. McConathy offers a free consultation to review the charge and discuss fees before any commitment. A felony weapon charge typically costs more to defend than a misdemeanor, given the added investigation and court time involved.
Do I need a lawyer for a first-time weapons charge in Texas?
Yes, hiring a lawyer for a first-time weapons charge is worth serious consideration, since even a misdemeanor conviction creates a permanent criminal record that can affect employment and firearm rights going forward. A first offense also carries the best chance for a favorable resolution, which makes early legal help especially valuable.
Can a weapons charge be reduced or dismissed in Texas?
Yes, a weapons charge may be reduced or dismissed depending on the strength of the evidence, the legality of the search, and the person's criminal history. Outcomes vary by county and by the specific facts of the arrest, so no attorney can promise a particular result before reviewing the case file.
How long does a Texas weapon charge case take to resolve?
Most weapon charge cases in Texas take a few months to over a year to resolve, depending on the county's court schedule and whether the case proceeds to trial. Misdemeanor cases generally move faster than felony cases, which often involve more discovery and pretrial motion practice.
Will a weapons conviction show up on a background check in Texas?
Yes, a weapons conviction appears on a standard background check, and it may also trigger federal firearm restrictions if the conviction is a felony. Some cases qualify for a nondisclosure order after time passes, which limits public access to the record without erasing it entirely.
Does a weapons charge affect my ability to own guns in the future?
Yes, a felony weapons conviction results in a permanent loss of firearm rights under both Texas and federal law. A misdemeanor conviction generally does not carry the same lifetime restriction, though certain misdemeanors involving family violence trigger their own separate firearm ban.
Call a Texas Firearm & Weapon Offenses Lawyer Before Your Next Court Date
The Law Offices of Richard C. McConathy has spent over 35 years in Texas courtrooms, and firearm and weapon cases are a regular part of that record.
Call 972-233-5700 for a free consultation with the attorney who will actually handle your case, available 24/7 for criminal emergencies anywhere in Texas.