Weapons Charges

Weapons Charges Defense Attorney Serving Denton and Collin County

Texas has some of the most gun-friendly laws in the country, and since 2021 most adults 21 and older who can legally own a handgun can carry one without a license. But that doesn’t mean every gun charge has gone away. People are still arrested for carrying where firearms are prohibited, for possessing a gun after a felony or family violence conviction, for carrying while subject to a protective order, and for carrying while committing another offense. Some of these charges are felonies.

The Law Office of Al Rowland, PLLC, has represented people accused of crimes in Collin and Denton County since 2015. Attorney Al Rowland is a former police officer and prosecutor, so he knows how weapons cases are investigated, including how guns are found during traffic stops and searches. If you have been charged with a weapons offense in Frisco, McKinney, Plano, Denton, or anywhere in North Texas, call (469) 895-6555 for a free, confidential consultation.

Why You Need a Defense Lawyer

Many weapons cases start with a traffic stop or a search connected to something else. Whether the gun can be used against you often depends on whether the stop and the search were lawful. Weapons charges can also bring federal consequences, and a conviction can cost you your right to own firearms in the future.

A defense lawyer can:

Challenge the legality of the stop, detention, or search that led to finding the weapon
Examine whether the State can prove you knowingly possessed the firearm, especially in shared cars or homes
Determine whether you were actually prohibited from possessing a firearm
Protect your future gun rights in how the case is resolved
Negotiate for a dismissal or reduction, or try the case

Common Texas Weapons Charges

We defend a range of weapons offenses, including:

Unlawful carrying of a weapon (Penal Code § 46.02): Carrying a handgun when you are not eligible to carry, such as when you are prohibited from possessing a firearm, are committing another offense, or are in certain places.
Unlawful possession of a firearm by a felon (§ 46.04): Possessing a firearm after a felony conviction, except in limited circumstances at home after five years have passed since release.
Possession after a family violence conviction or during a protective order (§ 46.04): Possessing a firearm within five years after release from a family violence assault conviction, or while subject to a qualifying protective order. Learn more about protective orders in Texas.
Carrying in prohibited places (§ 46.03): Such as schools, courts, polling places, and secured areas of airports.
Deadly conduct and unlawful display: Pointing a gun at someone, firing in a reckless way, or displaying a firearm in a manner calculated to alarm.

Penalties for Weapons Charges in Texas

Penalties vary widely by offense and circumstances:

Unlawful carrying of a weapon: Usually a Class A misdemeanor, up to 1 year in jail and a $4,000 fine. It can be a third-degree felony in some places, such as a bar that earns most of its revenue from alcohol.
Felon in possession of a firearm: Third-degree felony, 2 to 10 years in prison
Possession after family violence conviction or during a protective order: Class A misdemeanor under Texas law, and it can also be a federal crime
Carrying in a prohibited place: Often a third-degree felony
Deadly conduct: Class A misdemeanor, or a third-degree felony if a firearm is discharged at a person, home, building, or vehicle

Federal law separately prohibits firearm possession by certain people, including those convicted of felonies or misdemeanor crimes of domestic violence and people subject to certain protective orders. Federal gun charges can carry significant prison sentences. A conviction can also affect your job, your immigration status, and your right to own firearms in the future.

Defenses to Weapons Charges

Depending on the facts, defenses may include:

Unlawful stop or search: If police found the weapon through an illegal stop or search, the evidence may be excluded.
No knowing possession: Being near a gun, or in a car or home where one is found, doesn’t automatically mean you possessed it.
You were legally allowed to carry: Many people arrested for unlawful carrying were actually eligible under current law.
Not a prohibited person: The State must prove the prior conviction or protective order actually prohibited you from possessing a firearm at the time.
Self-defense or defense of others: In deadly conduct and display cases, the use or display of a firearm may have been justified.
Statutory exceptions: Texas law includes exceptions, such as possession at your own home or traveling in your own vehicle, that may apply.

Contact a Frisco Weapons Charges Lawyer Now

A weapons charge can put your freedom and your gun rights at risk. Contact the Law Office of Al Rowland, PLLC, at (469) 895-6555 or online for a free, confidential consultation. Learn more about our criminal defense practice. We defend weapons charges throughout Collin County and Denton County.