Texas Weapons & Firearms Offenses Defense: Unlawful Carrying, Prohibited Weapons, & More

Texas is a firearm-friendly State, but those who violate the law often learn too late that Texas takes weapons and firearms offenses extremely seriously. Even seemingly minor violations can lead to severe penalties, including lengthy prison sentences, hefty fines, a permanent criminal record, and the loss of your right to possess firearms. Whether you're facing charges for Unlawful Carrying of a Weapon (UCW), Unlawful Possession of a Firearm, or other prohibited weapons offenses in Rockwall, Dallas, Kaufman, Collin, or Hunt County, retaining a qualified Criminal Defense Attorney is essential to protect your rights and future.

Larman Law is dedicated to providing strategic and aggressive defense for individuals accused of weapons and firearms crimes across North Texas. Understanding the complexities of these laws and their potential consequences is the first critical step toward building a strong defense. 

Understanding Texas Weapons and Firearms Laws

Texas Penal Code Chapter 46 outlines various offenses related to weapons. While the state broadly supports gun rights, strict rules govern where, when, and by whom firearms can be carried and possessed. This page does not cover every possible offense, and does not seek to address Federal laws, which may prohibit conduct not prohibited by Texas law. You should consult with an attorney regarding whether your conduct or intended conduct is lawful. Focusing on the most common charges:

Unlawful Carrying of a Weapon (UCW) (Texas Penal Code §46.02)

Definition: A person commits Unlawful Carrying of a Weapon if they intentionally, knowingly, or recklessly carry a handgun on or about their person and the person is:

• (A)  engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; or

• (B)  prohibited by law from possessing a firearm.

Key Distinction: This is the most frequently charged firearms offense, but the UCW statute includes multiple other methods of committing the offense. It addresses how a handgun is carried (openly or concealed) by individuals who are not otherwise prohibited from possessing a firearm. Recent changes in Texas law (Permitless Carry) allow most eligible individuals to carry a handgun without a license, but the location and manner of carry remain highly regulated. UCW often occurs when an individual carries a handgun in a prohibited location or fails to meet the holster requirement (even if licensed or eligible for permitless carry).

Punishment Range:

• Class A Misdemeanor: Standard offense. Up to 1 year in county jail; up to a $4,000 fine. Other provisions create offenses ranging from Class C Misdemeanor to a Second Degree Felony

Unlawful Possession of a Firearm by a Felon (Texas Penal Code §46.04)

Definition: A person who has been convicted of a felony commits an offense if they possess a firearm:

• After conviction and before the fifth anniversary of the person's release from confinement or supervision for the felony conviction, whichever is later; OR

• After the five-year period described above, at any location other than the premises where the person lives.

Key Distinction: This offense specifically targets individuals with a prior felony conviction. The "where they live" exception for those past the initial five-year period is crucial. Federal law is stricter, generally prohibiting any felon from possessing a firearm at any time or place. Texas typically defers to federal law when federal jurisdiction applies.

Punishment Range:

• Third Degree Felony: 2 to 10 years in prison; up to a $10,000 fine.

Unlawful Possession of a Prohibited Weapon (Texas Penal Code §46.05)

Definition: This statute lists various weapons that are generally illegal to possess, manufacture, transport, repair, or sell unless an exception applies (e.g., for law enforcement, relics and curios, weapons registered with ATF). Common examples include:

• Machine guns  (without proper federal registration)

• Short-barreled firearms (rifles or shotguns with barrels shorter than a legal minimum)  (without proper federal registration)

• Explosive weapons  (without proper federal registration)

• Armor-piercing ammunition

• Chemical dispensing device

• Zip gun

• Tire deflation device

• Improvised explosive device

Key Distinction: Unlike UCW, which deals with how a common weapon is carried, this offense deals with the inherent illegality of the weapon itself. Ignorance of the law is generally not a defense.

Punishment Range:

• Third Degree Felony: Standard. 2 to 10 years in prison; up to a $10,000 fine.

• State Jail Felony: For certain items like tire deflation devices. 180 days to 2 years in state jail; up to a $10,000 fine.

Collateral Consequences of Weapons and Firearms Convictions

Beyond criminal penalties, a conviction for a weapons or firearms offense can have profound and lasting collateral consequences:

• Loss of Firearm Rights: Most felony convictions, and even some misdemeanor convictions (like Assault Family Violence), result in the permanent loss of your right to own or possess firearms under federal and state law. This is a severe consequence for many Texans.

• Criminal Record: A permanent mark on your record that can impact employment, housing, professional licenses, and educational opportunities.

• Enhanced Penalties: Subsequent arrests can lead to significantly harsher penalties due to prior weapons convictions.

• Immigration Status: Non-citizens almost certainly face deportation or other severe immigration consequences.

Your Defense Against Texas Weapons Charges

Facing a weapons or firearms charge is incredibly serious, but an accusation is not a conviction. Many defenses can be strategically pursued, depending on the specific facts of your case. These may include:

• Lack of Knowledge/Intent: Arguing that you were unaware of the weapon's presence or its illegal nature.

• Temporary or Accidental Possession: For certain offenses, proving that possession was not intentional or enduring.

• Legal Exceptions: Demonstrating that your situation falls under an exception to the law (e.g., licensed carry, antique firearm, lawful travel).

• Illegal Search and Seizure: Challenging how the evidence was obtained, arguing a violation of your Fourth Amendment rights.

• Mistake of Fact: For specific elements, proving a reasonable mistake regarding the circumstances.

If you are accused of a weapons offense in Rockwall County, unlawful carrying in Dallas County, unlawful possession of a firearm by a felon in Kaufman County, or a prohibited weapons charge in Collin County or Hunt County, you need an attorney who is well-versed in Texas firearms laws and the nuances of the Penal Code. Larman Law is committed to meticulously reviewing the evidence, identifying weaknesses in the prosecution's case, and fighting vigorously to protect your rights and future.

Do not hesitate. The sooner you seek legal counsel, the stronger your defense can be. Contact Larman Law today for a confidential consultation.

For More information on the services Larman Law offers, visit the Practice Areas page 

Want To Learn More? Visit the Updates page for the latest posts from Larman Law in Heath, Texas, or click below for more information about aspects of Texas law:

Disclaimer: This page is intended for informational purposes only and does not constitute legal advice. While Larman Law makes a diligent effort to ensure the accuracy of the information and to update posts as the law changes, laws are constantly evolving and subject to interpretation. Reading this page does not create an attorney-client relationship. For advice on your specific situation, please consult with a qualified attorney.