Being arrested for a weapons or gun crime in Dallas can result in severe penalties including years in prison, substantial fines, and the permanent loss of your right to possess firearms. If you’re facing firearm-related charges, you need an experienced Dallas weapons lawyer who understands Texas gun laws and will fight aggressively to protect your rights.
At the Law Offices of Richard C. McConathy, we have successfully defended clients against weapons charges throughout Dallas County since 2002. Our team has dismissed over 1,000 cases in the Dallas–Fort Worth area and understands how to challenge evidence, identify constitutional violations, and build strong defenses.
Because weapons charges often intersect with broader criminal allegations, working with a seasoned Dallas criminal defense lawyer ensures every aspect of your case is handled strategically from the start.
Common Types of Weapons Charges in Dallas
Dallas prosecutors handle a wide range of weapons and firearm offenses under both Texas state law and federal statutes.
Unlawful Possession of a Firearm
Under Texas Penal Code § 46.04, certain individuals are prohibited from possessing firearms, commonly those with prior felony convictions or those subject to protective orders for family violence.
Common scenarios that lead to unlawful possession charges include:
- Convicted felons found with any type of firearm
- Individuals with domestic violence convictions possessing weapons
- People subject to active protective orders caught with firearms
- Those with certain mental health adjudications possessing weapons
Penalties: Generally classified as a third-degree felony, punishable by 2-10 years in prison and fines up to $10,000. However, under certain circumstances (such as when the firearm is found at the person’s own premises after the five-year restriction period), it may be charged as a Class A misdemeanor.
Carrying a Weapon in Prohibited Places
Even with a valid License to Carry (LTC), Texas law prohibits weapons in specific locations. Many people don’t realize that constitutional carry laws still include numerous restrictions.
Prohibited locations include:
- Schools and educational institutions (including college campuses)
- Polling places during elections
- Courthouses and court offices
- Secured airport areas
- Bars that derive more than 51% of income from alcohol sales
- Professional sporting events
- Correctional facilities
- Hospital mental health units
Penalties: Typically classified as a Class A misdemeanor, punishable by up to one year in county jail and fines up to $4,000. Additionally, your LTC may be revoked.
Illegal Weapon Possession
Texas law prohibits civilian possession of certain types of weapons entirely. These charges often carry both state and federal implications.
Examples of prohibited weapons:
- Machine guns and automatic weapons
- Short-barrel rifles and shotguns (unless properly registered under federal law)
- Explosive weapons and devices
- Chemical dispensing devices with certain capacities
- Zip guns and other improvised firearms
Federal vs. State Charges: Many illegal weapon cases trigger federal prosecution, which typically carries harsher penalties and mandatory minimum sentences.
Possession During Commission of a Crime
Texas law provides for enhanced penalties when weapons are used or possessed during the commission of other crimes. These cases are aggressively prosecuted.
Enhancement scenarios include:
- Drug trafficking while armed
- Theft or robbery with a weapon
- Assault with a deadly weapon
- Any felony committed while armed
Critical Note: Even if you don’t use the weapon, simple possession during another crime can result in significant sentence enhancements.
Texas Gun Laws – What You Need to Know
Texas has some of the most gun-friendly laws in the United States, but recent changes have created confusion about what’s legal.
Constitutional Carry in Texas
As of September 1, 2021, Texas law allows most adults 21 and older to carry handguns without a license. However, constitutional carry doesn’t mean unrestricted carry.
Key restrictions include:
- You must be legally eligible to possess firearms
- Many prohibited locations still apply
- Private property owners can still ban weapons
- Federal restrictions remain in effect
- Intoxicated carry is still illegal
License to Carry (LTC) Benefits
While not required for basic carry, an LTC still provides important benefits:
- Reciprocity with other states
- Access to additional locations (like some private businesses)
- Enhanced legal protections in certain situations
- Background check exemption for purchases
Common Legal Mistakes
Even law-abiding gun owners can face serious charges due to:
- Misunderstanding prohibited locations
- Carrying while intoxicated (including prescription medications)
- Failing to secure weapons from unauthorized users
- Interstate transport violations
- Improper storage that allows access by prohibited persons
Penalties for Weapons Charges in Texas
The consequences of weapons convictions vary significantly based on the specific charge and your criminal history. Here’s what you could face:
| Charge Type | Classification | Prison Time | Fines | Additional Consequences |
|---|---|---|---|---|
| Unlawful Possession | 3rd-Degree Felony | 2-10 years | Up to $10,000 | Permanent firearm ban |
| Carrying in Prohibited Area | Class A Misdemeanor | Up to 1 year | Up to $4,000 | LTC revocation |
| Illegal Weapon Type | 3rd-Degree Felony | 2-10 years | Up to $10,000 | Federal prosecution possible |
| Weapon During Crime | Enhanced Felony | 5-99 years | Varies | Consecutive sentencing |
| Federal Weapon Charges | Varies | 10+ years | $250,000+ | Mandatory minimums |
Long-Term Consequences
Beyond immediate penalties, weapons convictions can result in:
- Permanent loss of firearm rights
- Employment restrictions in many fields
- Professional license revocation
- Immigration consequences for non-citizens
- Enhanced penalties for future offenses
- Federal prosecution for subsequent violations
Legal Defenses We Use in Gun Crime Cases
Our experienced Dallas firearm defense attorneys have successfully challenged weapons charges using various defense strategies.
Lack of Intent or Knowledge
Many weapons charges require proof that you knowingly possessed the firearm. We can challenge these cases when:
- The weapon belonged to someone else
- You were unaware of the weapon’s presence
- The weapon was planted by others
- You reasonably believed possession was legal
Illegal Search and Seizure
The Fourth Amendment protects against unreasonable searches and seizures. Common violations in weapons cases include:
- Traffic stops without reasonable suspicion
- Searches without probable cause or warrants
- Excessive scope of permitted searches
- Coercive consent to search
- Violations of home search protections
When police violate your constitutional rights, we file motions to suppress evidence, which often results in dismissed charges.
Constitutional Carry Misunderstanding
Texas’s recent constitutional carry law has created confusion even among law enforcement. We’ve successfully defended clients who were arrested based on outdated interpretations of Texas law.
Common scenarios include:
- Arrests for simple possession by eligible adults
- Misunderstanding of “prohibited places”
- Confusion about vehicle carry rules
- Federal vs. state law conflicts
Mistaken Identity or False Allegations
Weapons charges sometimes result from:
- Mistaken identity during investigations
- False accusations by others
- Planted evidence by enemies or rivals
- Misidentification in lineups or photos
Our thorough investigations often reveal these issues and lead to dismissed charges.
Why Choose Our Dallas Firearm Defense Attorneys
When your freedom and future are at stake, you need attorneys who understand both the law and the local legal system.
Deep Dallas County Experience
We’ve handled weapons cases in Dallas County courts for over 20 years. This experience gives us insight into:
- How different judges approach weapons cases
- Prosecution strategies used by local DA offices
- Which defenses work best in specific courts
- Negotiation tactics that achieve better results
Trial-Ready Approach
Unlike firms that push for quick plea deals, we prepare every case for trial. This approach often leads to better plea offers because prosecutors know we’re willing to fight.
Our trial preparation includes:
- Thorough evidence review and challenge
- Expert witness consultation when needed
- Detailed investigation of police procedures
- Comprehensive legal research on applicable defenses
Client-Centered Representation
As Richard McConathy explains: “When you get Team McConathy, you’re not going to see a bunch of revolving faces. Just like an all-pro offensive line, you don’t want to have to be mixing out parts every other year.”
You’ll work with the same experienced team throughout your case, ensuring continuity and building the strongest possible defense.
What to Do If You’re Arrested for a Gun Crime
Your actions immediately after arrest can significantly impact your case outcome.
Protect Your Rights
- Remain silent – Don’t answer questions without an attorney present
- Ask for a lawyer – Clearly state you want legal representation
- Don’t consent to searches – Let police obtain warrants if they want to search
- Don’t make statements – Even “innocent” explanations can be used against you
- Stay calm and compliant – Don’t give police additional reasons to charge you
Contact Us Immediately
Time is critical in weapons cases. Early intervention by experienced attorneys can:
- Prevent additional charges from being filed
- Preserve crucial evidence
- Interview witnesses while memories are fresh
- Begin building your defense strategy
- Potentially get charges reduced or dismissed before formal filing
Don’t wait – contact us immediately for a free, confidential consultation about your case.
Actual Case Results
The Law Offices of Richard C. McConathy has achieved successful outcomes in numerous weapons cases. Here are some actual results from our files:
- Unlawful Carrying of Weapon – Dismissed (Dallas County, M13-65512)
- Unlawful Carrying of Weapon – Dismissed (Dallas County, M14-36004)
- Aggravated Assault with Deadly Weapon – Dismissed (Dallas County, F1300346)
- Weapon/Firearm Charges – Multiple Dismissals (Various Counties)
Individual results may vary. Past success does not guarantee future outcomes.
Contact Our Dallas Weapons Defense Lawyers Today
If you’re facing weapons or gun crime charges in Dallas, don’t wait to get experienced legal representation. The sooner we begin working on your case, the better your chances of a favorable outcome.
Free consultations available – We’ll review your case and explain your options at no cost.
📞 Call Now: (972) 528-0116
📧 Email: Contact Us
🏢 Dallas Office:
15110 Dallas Pkwy #400
Dallas, TX 75248
We defend your rights aggressively and fight for your freedom.
Additional Resources
For more information about related criminal charges, visit these pages:
Frequently Asked Questions
Is it legal to carry a gun in Texas without a license?
Yes, Texas allows constitutional carry for most adults 21 and older who are legally eligible to possess firearms. However, numerous restrictions still apply, including prohibited locations, federal restrictions, and intoxication prohibitions. Having an LTC still provides additional benefits and protections.
What is the penalty for a felon in possession of a firearm in Texas?
The unlawful possession of a firearm by a felon is typically a third-degree felony punishable by 2-10 years in prison and fines up to $10,000. However, penalties can vary based on the specific circumstances and location where the weapon was found.
Can I get a weapons charge dismissed?
Yes, weapons charges can often be dismissed based on constitutional violations, insufficient evidence, lack of intent, or procedural errors by law enforcement. Our attorneys evaluate every detail of your case to identify the strongest defense strategies and work toward dismissal when possible.
What’s the difference between state and federal weapons charges?
State charges are prosecuted under Texas law and handled in county courts, while federal charges involve violations of federal statutes and are prosecuted in federal court. Federal weapons charges typically carry harsher penalties, including mandatory minimum sentences and longer prison terms.
Can I lose my job over a weapons charge?
Yes, weapons charges can impact employment, especially in fields requiring professional licenses, security clearances, or positions of trust. Even arrests without convictions can affect some employment opportunities, making it crucial to fight the charges aggressively.