Texas takes weapons offenses seriously, with strict penalties that can result in significant jail time, hefty fines, and permanent loss of your gun rights. Whether you’re facing charges for unlawful carry, felon in possession, or carrying a weapon in prohibited places, the consequences can devastate your future employment opportunities and personal freedom.
At the Law Offices of Richard C. McConathy, we understand that good people can make mistakes or find themselves wrongfully accused. Our experienced Fort Worth defense attorneys have successfully defended over 6,000 criminal cases, including hundreds of weapons-related charges. We fight aggressively to protect your constitutional rights and preserve your freedom.
Arrested for a gun crime in Fort Worth? Don’t wait – call our attorneys today at (972) 528-0478 for a free consultation. We also provide experienced criminal defense lawyer services in Fort Worth for clients facing additional or related criminal charges.
Types of Weapons Charges in Fort Worth
Fort Worth prosecutors handle a wide range of weapons charges under Texas Penal Code Chapter 46. Understanding the specific charge you’re facing is crucial to mounting an effective defense strategy.
Unlawful Carry of a Weapon (UCW)
Under Texas Penal Code §46.02, it’s illegal to intentionally, knowingly, or recklessly carry a handgun, illegal knife, or club on your person or in a vehicle under your control unless you meet specific legal exceptions.
Common UCW scenarios include:
- Carrying without a valid license to carry (LTC)
- Carrying in your vehicle without proper storage requirements
- Displaying a weapon in a threatening manner
- Carrying while intoxicated, even with a valid license
Class A misdemeanor penalties include up to one year in jail and fines up to $4,000. However, prior convictions or aggravating circumstances can elevate charges to felony level.
Felon in Possession of a Firearm
Texas Penal Code §46.04 makes it illegal for convicted felons to possess firearms for five years after release from confinement or supervision. This charge often carries enhanced penalties and federal implications.
Key factors prosecutors consider:
- Time since completion of sentence
- Type of prior felony conviction
- Location where firearm was found
- Intent to use the weapon
Penalties range from state jail felony (180 days to 2 years) to third-degree felony (2-10 years in prison).
Possession of Firearm While Intoxicated
Many clients face this charge during traffic stops or public intoxication arrests. Under Texas Penal Code §46.035, it’s illegal to carry a firearm while intoxicated by alcohol or controlled substances, regardless of whether you have a license to carry.
“Intoxicated” means:
- Blood alcohol concentration of 0.08 or higher
- Lacking normal use of mental or physical faculties due to alcohol or drugs
- Any detectable amount of controlled substances
This Class A misdemeanor can result in license suspension and enhanced penalties for repeat offenses.
Weapons in Prohibited Places
Even licensed carriers cannot bring weapons into certain locations under Texas Penal Code §46.03:
| Location Type | Penalty Level | Examples |
|---|---|---|
| Schools/Universities | Third-degree felony | K-12 campuses, college buildings |
| Government Buildings | Class A misdemeanor | Courthouses, city halls |
| Airports | State jail felony | Security checkpoints, secure areas |
| Businesses with 51% Signs | Class A misdemeanor | Bars, nightclubs |
Illegal Weapons & Prohibited Devices
Texas law prohibits certain weapons entirely, including:
- Switchblade knives over 5.5 inches
- Brass knuckles or knuckles
- Armor-piercing ammunition
- Silencers (without federal licensing)
- Explosive devices
Possession of prohibited weapons typically results in Class A misdemeanor charges, though some items carry felony penalties.
Penalties for Gun Charges in Texas
The severity of weapons charges varies significantly based on the specific offense, your criminal history, and aggravating circumstances.
Misdemeanor Classifications
Class C Misdemeanor: Fine up to $500
- Minor knife violations
- Certain carry violations
Class A Misdemeanor: Up to 1 year jail, $4,000 fine
- Unlawful carry of weapon
- Weapons in prohibited places
- Possession while intoxicated
Felony Classifications
State Jail Felony: 180 days – 2 years, $10,000 fine
- Some felon in possession cases
- Prohibited weapons
Third-Degree Felony: 2-10 years prison, $10,000 fine
- Enhanced felon in possession
- Weapons on school grounds
Second-Degree Felony: 2-20 years prison, $10,000 fine
- Repeat weapons offenses
- Weapons used in other crimes
Consequences Beyond Jail
A weapons conviction creates lasting consequences that affect every aspect of your life:
- Permanent loss of gun rights under federal law
- Employment barriers in security, law enforcement, military
- Professional license suspensions for teachers, healthcare workers, attorneys
- Difficulty obtaining housing or loans
- Enhanced penalties for future criminal charges
Defenses Against Weapons Charges
Every weapons case requires a tailored defense strategy based on the specific facts and evidence. Our experienced attorneys examine every detail to identify weaknesses in the prosecution’s case.
Common Defense Strategies
Lack of Intent or Knowledge
Many weapons charges require proof that you intentionally or knowingly possessed the weapon. Common scenarios include borrowing a vehicle with a concealed weapon or unknowingly carrying prohibited items. Proving lack of knowledge can be challenging but is often successful when defendants genuinely had no awareness of a weapon’s presence.
Unlawful Search and Seizure
The Fourth Amendment protects against unreasonable searches. Common violations include traffic stops without reasonable suspicion, searches without consent or warrant, and violation of Miranda rights. If police violated your constitutional rights, any evidence found may be suppressed.
Lawful Possession or Use
Texas law provides several exceptions including constitutional carry for qualifying individuals, premises protection for home/business, emergency self-defense situations, and traveling between lawful locations.
Mistaken Identity or False Allegations
Witnesses can make mistakes, especially in chaotic situations. Security camera footage, GPS data, and alibis can prove you weren’t present when alleged violations occurred.
Why Choose Our Fort Worth Gun Charges Lawyer?
The Law Offices of Richard C. McConathy brings over 75 years of combined experience defending clients against weapons charges in Tarrant County and throughout North Texas.
Our Advantages
- 300+ “Not Guilty” verdicts in criminal cases
- Extensive experience with Texas weapons laws and federal firearms regulations
- Daily practice in Tarrant County courts with established relationships
- Personalized defense strategies based on thorough case investigation
- Former prosecutor perspective helps us anticipate the state’s case and identify weaknesses others might miss
Let us help protect your record and your rights. Call (972) 528-0478 for a case evaluation today.
What to Do If You’ve Been Arrested for a Gun Crime
Understanding Fort Worth’s booking and court process helps you navigate this challenging time and protect your rights.
🏛️ The Fort Worth Arrest Process
If arrested for weapons charges in Fort Worth, you’ll be transported to the Tarrant County Corrections Center at 100 N. Lamar Street, Fort Worth, TX 76196. The booking process typically takes 4-8 hours and includes fingerprinting, mugshots, property inventory, and medical screening.
📞 Jail Information Line: (817) 884-3000 to check if someone has been arrested or if bond has been set.
Essential Steps After Arrest
🚫 Exercise Your Right to Remain Silent
- Never discuss your case with police without an attorney present
- Politely state: “I want to speak with my lawyer”
📞 Contact Our Firm Immediately
- Call (972) 528-0478 as soon as possible
- Early attorney involvement often leads to better outcomes
📝 Document Everything
- Write down the exact sequence of events
- Note any potential witnesses
- Preserve relevant communications
Your Court Appearance: What to Expect in Fort Worth
Understanding the Fort Worth court system helps you prepare for your weapons charge case and reduces anxiety about the process.
Court Location and Address
Weapons charges are handled at the Tim Curry Criminal Justice Center:
- 📍 Address: 401 W. Belknap Street, Fort Worth, TX 76196
- 🏢 Courtrooms: County Criminal Courts 1-10 (floors 5-8) and Criminal District Courts 1-4
📞 General Court Information: (817) 884-1438
Getting to Court: Parking and Transportation
🚗 Parking Recommendations:
- No free parking available near the courthouse
- Paid parking garages: $8-12 daily within 2-3 blocks
- Street meters: Limited to 2 hours maximum, strictly enforced
- Juror parking option: La Grave Field (301 N.E. 6th Street) offers free parking with shuttle service
⏰ Arrive 45 minutes early for parking, security screening, and potential elevator delays during peak hours (8:30-9:30 AM).
Courthouse Security and Schedule
Security Procedures:
- Metal detector screening and X-ray scanning of bags
- Valid ID required for entry
- Processing time: Allow 15-20 minutes during busy periods
📋 Typical Court Schedule:
- 8:30 AM: Docket call begins
- 9:00-11:30 AM: Individual cases heard
- Cases rotate among County Criminal Courts 1-10 (floors 5-8)
🏛️ Nearby Fort Worth Landmarks
The Tim Curry Criminal Justice Center is located in downtown Fort Worth’s government district:
- Historic 1895 Tarrant County Courthouse (100 W. Weatherford) – 2 blocks south
- Sundance Square entertainment district – 4 blocks east
- Fort Worth Convention Center – 3 blocks southeast
- Will Rogers Memorial Complex – 1 mile southwest
- Downtown Trinity River – 0.5 miles north
🏢 Building Note: The Tim Curry Center is a modern high-rise building, easily identifiable in downtown Fort Worth’s skyline, located north of Interstate 30 and west of Interstate 35W.
Contact a Fort Worth Weapons Charges Attorney Today
Don’t let one mistake define your future. Weapons charges carry serious consequences that can affect your employment, housing, and fundamental rights for years to come. You need experienced attorneys who understand both Texas state law and federal firearms regulations.
The Law Offices of Richard C. McConathy has successfully defended hundreds of weapons cases across North Texas. We know how to challenge evidence, negotiate with prosecutors, and fight for dismissals when constitutional violations occur.
Free Case Evaluation Available
- No obligation consultation
- Immediate case assessment
- Strategic defense planning
- Available 24/7 for arrests
Get in touch with our Fort Worth defense lawyers today. Call (972) 528-0478 or contact us online to schedule your confidential consultation.
Serving Fort Worth, Arlington, Dallas, Irving, Carrollton, Richardson, and all of Tarrant County with aggressive criminal defense representation.
FAQs About Weapons charges in Fort Worth
What is the penalty for unlawfully carrying a weapon in Texas?
Unlawful carry of a weapon is typically a Class A misdemeanor punishable by up to one year in jail and $4,000 in fines. Penalties increase to felony level with prior convictions or carrying in prohibited locations like schools.
Can I carry a gun in my car in Fort Worth?
Yes, under constitutional carry laws effective September 2021, qualifying adults can carry handguns in vehicles without a license. However, the weapon must not be in plain view, and you cannot be prohibited from possessing firearms under federal or state law.
Is it a felony to carry a gun while intoxicated in Texas?
Carrying while intoxicated is a Class A misdemeanor for first offenses. However, discharging the weapon or threatening someone while intoxicated can elevate charges to felony level with prison sentences of 2-10 years.
What happens if I’m a felon caught with a gun in Texas?
Felon in possession charges range from state jail felony to third-degree felony, with penalties of 180 days to 10 years in prison. Federal charges may also apply with mandatory minimum sentences.
Can I lose my gun rights permanently in Texas?
Federal law prohibits convicted felons from possessing firearms permanently. However, Texas allows some restoration after completing sentences, and federal relief may be available through presidential pardons or ATF procedures in limited circumstances.