Weapons charges in Texas carry severe penalties that can permanently alter your life, including lengthy prison sentences, substantial fines, and the loss of fundamental constitutional rights. Under both Texas state law and federal firearms regulations, even minor violations can escalate into serious felony charges that destroy careers, family relationships, and future opportunities.
The Law Offices of Richard C. McConathy has successfully defended over 1,000 criminal cases in North Texas, including complex weapons violations in Collin County courts. Our experienced Plano criminal defense attorneys understand the intricate legal landscape surrounding firearms laws and will fight aggressively to protect your rights and freedom.
Contact our Plano weapons charges lawyer today at (972) 528-0478 for a free consultation.
Types of Weapons Charges We Defend in Plano
Texas Penal Code Chapter 46 defines numerous weapons-related offenses that our legal team regularly handles in Collin County courts. These charges range from misdemeanor violations to serious federal felonies, each requiring specialized defense strategies.
Unlawful Possession of a Firearm
Felon in possession represents one of the most frequently prosecuted weapons charges in Plano. Under both Texas law and 18 U.S.C. § 922(g), individuals with prior felony convictions face automatic federal prosecution if found possessing any firearm or ammunition.
Handgun in vehicle violations occur when individuals carry firearms in vehicles without proper licensing under Texas Government Code Chapter 411. Recent changes to Texas carry laws have created confusion about when permits are required.
Prohibited location violations involve carrying weapons into schools, government buildings, or other restricted areas under Texas Penal Code § 46.03. Even licensed carriers can face charges for inadvertent violations.
Possession of Illegal Weapons
Texas Penal Code § 46.05 prohibits numerous weapon types that many residents don’t realize are illegal:
| Prohibited Weapon | Classification | Penalty Range |
|---|---|---|
| Brass knuckles | Class A misdemeanor | Up to 1 year jail |
| Short-barrel shotgun | 3rd degree felony | 2-10 years prison |
| Switchblade knife | Class A misdemeanor | Up to 1 year jail |
| Explosive device | 3rd degree felony | 2-10 years prison |
Federal Firearms Offenses
Federal weapons charges typically involve interstate commerce violations or trafficking operations. These cases are prosecuted in the Eastern District of Texas and carry mandatory minimum sentences.
Common federal charges include:
- Straw purchases under 18 U.S.C. § 922(a)(6)
- Firearm smuggling across state lines
- Possession with intent to distribute firearms
Our firm has successfully defended clients against federal firearm smuggling charges by challenging the government’s burden of proof regarding interstate nexus requirements.
Assault with a Deadly Weapon
When assault charges involve weapons, penalties increase dramatically under Texas Penal Code § 22.02. Aggravated assault with a deadly weapon becomes a second-degree felony punishable by 2-20 years in prison.
Penalties for Weapons Offenses in Texas
Texas weapons violations carry escalating penalties based on offense severity and defendant’s criminal history. Understanding these consequences is vital for anyone facing charges.
State-Level Penalties
Misdemeanor Weapons Charges:
- Class C: Fine up to $500
- Class B: Up to 180 days jail, $2,000 fine
- Class A: Up to 1 year jail, $4,000 fine
Felony Weapons Charges:
- State jail felony: 180 days to 2 years state jail
- Third degree: 2-10 years prison, $10,000 fine
- Second degree: 2-20 years prison, $10,000 fine
- First degree: 5-99 years prison, $10,000 fine
Federal Penalties
Federal firearms violations under 18 U.S.C. § 924 impose mandatory minimum sentences:
- First offense: Up to 10 years federal prison
- Prior violent felony: 15-year mandatory minimum
- Three prior convictions: Life imprisonment
Collateral Consequences
Beyond incarceration, weapons convictions create lasting consequences:
Rights Restrictions:
- Permanent loss of gun ownership rights
- Inability to obtain concealed carry permits
- Disqualification from military service
- Loss of voting rights (felony convictions)
Employment Impact:
- Background check failures
- Professional license revocation
- Security clearance disqualification
- Immigration consequences for non-citizens
How Our Plano Weapons Charges Lawyers Can Help
The Law Offices of Richard C. McConathy employs comprehensive defense strategies developed through decades of criminal defense experience in Collin County courts. Our approach begins immediately upon retention with thorough case investigation.
Evidence Preservation:
We secure surveillance footage, witness statements, and physical evidence before it’s lost or destroyed. In weapons cases, ballistics evidence and fingerprint analysis often determine outcomes.
Constitutional Challenges:
Our attorneys scrutinize every aspect of your arrest for Fourth Amendment violations. Illegal searches represent the most common defense in weapons cases, as police frequently exceed constitutional boundaries during investigations.
Expert Witness Coordination:
We work with ballistics experts, forensic specialists, and former law enforcement officers who can challenge the prosecution’s evidence and provide alternative explanations for physical findings.
Plea Negotiation Excellence:
When trial isn’t advisable, our attorneys negotiate reduced charges and alternative sentencing options including probation, community service, and deferred adjudication programs.
Common Defenses Against Gun Charges
Illegal Search and Seizure
The Fourth Amendment protects citizens from unreasonable searches and seizures. Police must have probable cause or a valid warrant to search your person, vehicle, or residence.
Vehicle Searches:
Police cannot search vehicles without consent, probable cause, or a warrant. Many weapons charges result from pretextual traffic stops where officers use minor violations to justify broader searches.
Home Searches:
Residential searches require warrants unless exigent circumstances exist. We frequently challenge warrantless home entries that lead to weapons discoveries.
Lack of Knowledge or Intent
Texas law requires knowing possession for most weapons violations. Constructive possession occurs when someone has control over an area where weapons are found, but proving knowledge remains the prosecution’s burden.
Joint Possession Issues: When multiple people have access to areas where weapons are discovered, establishing individual culpability becomes complex. Prosecutors must prove individual knowledge about weapons presence.
Valid License or Permit Defense
Texas License to Carry (LTC) holders enjoy broad carry rights under Texas Government Code Chapter 411. We verify license validity and demonstrate lawful possession when clients face unlawful carry charges.
Castle Doctrine Protection: Texas Penal Code § 9.32 provides broad self-defense protections for lawful weapon use in homes, vehicles, and workplaces. These provisions can apply as defenses in aggravated assault cases involving weapons.
Entrapment or Prosecutorial Misconduct
Federal weapons cases sometimes involve undercover operations or confidential informants. When law enforcement induces criminal activity that defendants wouldn’t otherwise commit, entrapment defenses apply.
Brady Violations: Prosecutors must disclose all exculpatory evidence. Cases can be won by demonstrating prosecutorial misconduct and evidence suppression in complex federal firearms prosecutions.
Why Choose Our Plano Weapons Charges Defense Team?
The Law Offices of Richard C. McConathy brings over 35 years of combined criminal defense experience to every weapons case. Our exclusive focus on criminal defense means we understand the nuances of weapons laws that general practice attorneys miss.
Local Courthouse Experience:
We practice regularly in Collin County courts, including the Raymond Robinson Justice Center in Plano and the Russell A. Steindam Courts Building in McKinney.
Our attorneys know the parking challenges at the McKinney courthouse (use the Administration Building lot for free parking) and can guide you through security procedures at each location.
Federal Court Familiarity:
Our team handles cases in the Eastern District of Texas, including the Plano Federal Courthouse at 7940 Preston Road. We understand the unique federal procedures and relationships with federal prosecutors in the Sherman Division.
Proven Track Record:
Our firm has achieved over 300 “Not Guilty” verdicts and secured dismissals in over 1,000 criminal cases, including complex federal firearms prosecutions in Collin County and Eastern District courts.
Established Relationships: We maintain professional relationships with:
- Collin County District Attorney Greg Willis’s office prosecutors
- Federal prosecutors in the U.S. Attorney’s Office (101 E Park Boulevard, Suite 500, Plano, TX 75074)
- Local judges in both state and federal courts
- Court clerks who process evidence and scheduling
Personalized Attention:
Unlike high-volume firms, we limit our caseload to provide individualized legal strategies tailored to each client’s unique circumstances and goals.
Local Knowledge Advantage:
Understanding Collin County jury pools, local prosecutor tendencies, and individual judge preferences provides significant advantages in plea negotiations and trial preparation.
What To Do If You’re Arrested on a Weapons Charge in Plano
Understanding the Local Process
If arrested for weapons charges in Plano, you’ll initially be processed at the Plano Police Department (909 14th Street) before being transported to the Collin County Detention Facility (4300 Community Ave, McKinney, TX 75071). Call (972) 547-5200 for inmate information and bond status.
What should I do if I’m arrested for a gun charge in Plano?
Immediate Actions:
- Exercise your right to remain silent
- Refuse consent to searches
- Request an attorney immediately
- Contact family to arrange bail
- Document arrest circumstances
Contact our Plano weapons charges defense team at (972) 528-0478 for immediate legal guidance.
Exercise Your Right to Remain Silent:
Anything you say will be used against you in court. Politely decline to answer questions beyond providing basic identification information.
Refuse Consent to Searches:
Never consent to vehicle, home, or person searches. Let your attorney challenge any evidence obtained through warrantless searches.
Contact a Plano Criminal Defense Attorney Immediately:
Time is critical in weapons cases. Evidence disappears, witnesses forget details, and prosecutors begin building their case against you.
Document Everything:
Write down everything you remember about your arrest, including officer names, time, location, and any statements made by law enforcement.
Court Appearances in Plano
🏛️ Local Court Locations:
Minor Weapons Violations: Raymond Robinson Justice Center (900 E 15th Street, Plano, TX 75074) handles Class C misdemeanor cases.
- Phone: (972) 941-2199
- Hours: Monday/Wednesday/Friday: 7:30 AM – 4:30 PM, Tuesday: 7:30 AM – 5:30 PM, Thursday: 8:30 AM – 4:30 PM
- Parking: Limited street parking on E 15th Street – arrive 15 minutes early for security screening
- Nearby: Located just west of US-75, easily accessible from downtown Plano
Serious Weapons Charges: Russell A. Steindam Courts Building (2100 Bloomdale Road, McKinney, TX 75071) for felony cases.
- Phone: (972) 548-4100
- Hours: Monday-Friday, 8:00 AM – 4:30 PM
- Directions from Plano: Take US-75 North, exit Bloomdale Road (42B), follow service road north 0.4 miles
- Parking: Free parking in Collin County Administration Building lot
Federal Weapons Cases: Plano Federal Courthouse (7940 Preston Road, Room 101, Plano, TX 75024)
- Phone: (214) 872-4800
- Location: Part of Eastern District of Texas, Sherman Division
- Parking: Available adjacent to courthouse on south side of building
📞 Urgent Action Required: Don’t wait to protect your future. Contact our Plano weapons charges lawyer now at (972) 528-0478 for immediate legal guidance.
Contact Our Plano Gun Crime Attorneys Today
Weapons charges demand immediate legal action from experienced criminal defense attorneys who understand both state and federal firearms laws. The prosecution begins building their case against you the moment charges are filed, making early legal intervention critical for optimal outcomes.
Contact Methods:
- Phone: (972) 528-0478
- Online: Schedule consultation
- Emergency: Available 24/7 for urgent situations
Don’t let weapons charges destroy your future. Contact our Plano gun crime defense lawyers today for a confidential consultation where we’ll review your case, explain your legal options, and develop a strategic defense plan tailored to your situation.
FAQs About Weapons Charges in Texas
Is it illegal to carry a gun in Plano without a license?
Texas Constitutional Carry laws allow most adults over 21 to carry handguns without licenses, but significant restrictions apply. Licensed Handgun Carry remains the safest approach, as it provides broader carry rights and legal protections.
Restricted Locations: Even constitutional carry doesn’t permit weapons in schools, government buildings, bars, or sporting events. Violations can result in felony charges regardless of licensing status.
What are the penalties for unlawful possession of a firearm in Texas?
Penalties depend on specific charges and defendant’s criminal history. Unlawful carrying typically constitutes a Class A misdemeanor punishable by up to one year in jail and $4,000 in fines. Felon in possession charges become third-degree felonies carrying 2-10 years in prison.
Can a felon own a gun in Texas?
Texas law prohibits felons from possessing firearms for five years after release from supervision under Texas Penal Code § 46.04. However, federal law imposes lifetime prohibitions under 18 U.S.C. § 922(g), making felon firearm possession a federal crime regardless of Texas law.
Rights Restoration: Some felons may petition for rights restoration through presidential pardons or state processes, but these remedies remain extremely limited.
Are weapons charges federal or state crimes?
Weapons violations can be prosecuted at both state and federal levels. Interstate commerce nexus often determines federal jurisdiction. Common federal charges include felon in possession, trafficking, and straw purchases.
Dual Sovereignty: Both state and federal governments can prosecute the same conduct without violating double jeopardy protections, making experienced legal representation essential.