Texas Gun & Weapons Defense Lawyer

How Do You Get Out of Jail After a Weapons Arrest?

Release depends on whether the charge is a misdemeanor or a felony. A standard unlawful carrying charge is a Class A misdemeanor, and bond is often low, commonly around $1,000 to $2,500 in North Texas. Felony weapons charges, including felon in possession and prohibited weapons, are set individually based on the offense, your record, and whether the weapon was tied to another crime, and bonds commonly run from $5,000 to $20,000 or higher.

Expect conditions on your release. Courts routinely order you to surrender any firearms and bar you from possessing weapons while the case is pending. Violating a bond condition can put you back in jail before your case is resolved, so the conditions matter as much as the amount.

One note on deadlines: unlike a DWI, a weapons charge has no Administrative License Revocation (ALR) deadline. The 15 day ALR clock applies only if you were also arrested for DWI in the same stop. If that happened, see our DWI pages for that separate process.

What Should You Do Right Now?

The first days after a weapons arrest decide what evidence survives and which defenses stay open. Here is the order that matters:

• Stop talking about the case. No statements to officers, no explanations, no texts or social media posts about the weapon or the stop. Your own words routinely become the State’s evidence.
• Do not consent to any further search. If officers ask to search your car, your home, or your phone again, the answer is no until your lawyer is present. The legality of the search is often the entire case.
• Write down the stop while it is fresh. Why the officer said you were stopped, what was asked, what was searched, where the weapon was found, and who else was present. These details drive the suppression motion.
• Preserve everything. Do not delete photos, messages, or anything else. Keep any paperwork showing lawful purchase, registration, or a tax stamp for an NFA item.
• Hire counsel before the case is indicted. Felony weapons cases go to a grand jury. Work done before indictment, including evidence preservation and early legal challenges, shapes everything that follows.

What Is a Gun or Weapons Charge in Texas?

Texas weapons law changed substantially with constitutional carry, and any charge has to be measured against the law in effect on the date of the alleged offense. Conduct that was a crime before September 1, 2021 may not be a crime today. The analysis starts there, then moves to the specific statute charged.

Constitutional carry changed who can carry

Under HB 1927, effective September 1, 2021, most Texans who are 21 or older and not otherwise barred from possessing a firearm may carry a handgun, openly or concealed, in most public places without a License to Carry (LTC). Constitutional carry did not erase the unlawful carrying charge. It changed who is prohibited from carrying.

Unlawful carrying of a weapon (§46.02)

Under Texas Penal Code §46.02, carrying a handgun away from your own premises or vehicle is still a crime if you are a felon, were convicted of certain offenses such as assault, deadly conduct, or terroristic threat within the last 5 years, are a member of a criminal street gang, or are carrying while intoxicated. Carrying while intoxicated is a Class A misdemeanor on its own, and it is a common add-on charge when a firearm is in the vehicle during a DWI stop.

Some people are prohibited entirely

Constitutional carry does not help certain people at all. A felon may not possess a firearm under §46.04 and faces the federal felon-in-possession ban as well. A person convicted of a misdemeanor crime of domestic violence, or subject to a qualifying protective order, is barred from possessing firearms or ammunition under federal law. These prohibitions are among the most common paths from a state case to a federal charge.

Prohibited locations

Even for someone fully allowed to carry, certain locations remain off limits. These include schools, polling places on election day, courts and court offices, secured airport areas, correctional facilities, and any business that draws 51% or more of its income from alcohol sales. Carrying past a proper §30.06 or §30.07 notice, or refusing to leave when asked, can be charged as a Class C or Class A misdemeanor.

Prohibited weapons (§46.05)

Texas Penal Code §46.05 bans certain weapons outright, regardless of carry status. The current list includes explosive weapons, machine guns, armor-piercing ammunition, chemical dispensing devices, improvised handguns (zip guns), and tire deflation devices. Important: switchblade knives, brass knuckles, and short-barrel firearms were removed from the prohibited list in 2013, 2019, and 2025. They are no longer prohibited weapons under Texas law, though short-barrel firearms remain federally regulated under the National Firearms Act.

What Evidence Do Prosecutors Need to Convict You?

A weapons conviction is not automatic just because a gun was found. The State has to prove several things, and each rests on evidence that can fail.

A lawful stop and search. Most weapons cases begin with a traffic stop, a pat-down, or a search of a car or home. The prosecution must show the stop was justified and the search was lawful. If it was not, the weapon can be suppressed.

Possession you actually had. When a weapon is found in a shared car or home, the State must prove you knowingly exercised care, custody, or control over it, not just that you were nearby. Proximity alone is not possession.

The weapon’s legal classification. For a §46.05 charge, the State must prove the item meets the statutory definition of a prohibited weapon, down to its function or technical characteristics. These are technical questions, and the measurements and lab work can be challenged.

Your prohibited status. For a felon-in-possession or family violence case, the State must prove a valid, final prior conviction or qualifying order. A conviction obtained without a proper waiver of rights, or one later overturned or reduced, may not support the charge.

What Are the Penalties for a Weapons Charge in Texas?

Penalties depend entirely on the statute and the weapon. Unlawful carrying under §46.02 is a Class A misdemeanor carrying up to 1 year in county jail and a fine up to $4,000. Carrying into a §46.03 prohibited place, or carrying while you are legally barred from having a firearm, raises the exposure to the felony level: a third-degree felony in most such cases, and a second-degree felony with a minimum of 5 years when the bar comes from a prior felony conviction.

Under §46.05, possession of a prohibited weapon is usually a third-degree felony carrying 2 to 10 years and a fine up to $10,000. That covers explosive weapons, machine guns, armor-piercing ammunition, chemical dispensing devices, and zip guns alike. The one lower tier is a tire deflation device, which is a state jail felony carrying 180 days to 2 years.

Felon in possession under §46.04 is a third-degree felony in state court. The same conduct charged federally under 18 U.S.C. §922(g) carries up to 15 years. Possessing an unregistered NFA firearm under 26 U.S.C. §5861 carries up to 10 years. Using or carrying a firearm during a drug trafficking crime under 18 U.S.C. §924(c) adds a mandatory minimum of 5 years that stacks on top of any other sentence, consecutive rather than concurrent.

Can You Fight a Weapons Charge?

Yes. Weapons cases often turn on the search and on technical proof, both of which give the defense real leverage. Realistic outcomes include suppression and dismissal when the stop or search fails constitutional review, dismissal when the State cannot prove possession or the weapon’s classification, reduction of a felony to a misdemeanor, and acquittal at trial.

No lawyer can promise a result, and you should be wary of any who does. What the options above mean is that pleading guilty at the first setting is rarely the right move in a Texas weapons case, especially when the weapon came out of a questionable stop or search.

How Is a State Weapons Charge Different From a Federal One?

The same conduct can be charged in state court or federal court, and the difference is enormous. A state weapons charge is prosecuted in the county courts. A federal charge is prosecuted in one of the four Texas federal districts, where the penalties are substantially harsher and the sentencing guidelines far less forgiving.

A case tends to go federal when a prohibited person (a felon, a domestic violence misdemeanant, or a person under a qualifying protective order) is found with a firearm, when the weapon is an unregistered NFA item, or when a gun is tied to a drug trafficking offense. Felon in possession is up to 15 years federally. A §924(c) firearm count adds a mandatory 5 years on top of the drug sentence. Of Counsel James Lee Bright handles federal firearms charges in all four Texas federal districts, which is why the state versus federal question is one of the first we evaluate.

How We Defend Weapons Cases

We start with the stop and the search

Under Texas Code of Criminal Procedure Article 38.23, evidence obtained through an unlawful stop, an overbroad search, or a defective seizure is suppressible, and Texas does not recognize the broad federal good-faith exception. Most weapons cases begin with a traffic stop or a search, and the legality of that stop and the scope of the search are often the entire case. Suppress the weapon, and the prosecution usually cannot proceed.

We apply current carry law correctly

Where the alleged conduct happened after September 1, 2021, we examine first whether constitutional carry actually permits it. Many charges that were viable before HB 1927 no longer are, and that analysis is missed surprisingly often.

We challenge constructive possession

When a firearm is found in a shared vehicle or home, the State must prove beyond a reasonable doubt that you exercised care, custody, and control over it. That link is frequently weaker than the offense report suggests, and it is a defense we press directly.

We test the prior conviction

In felon-in-possession cases, the validity and finality of the prior conviction that triggered the prohibition is examined closely. A conviction obtained without a proper waiver of rights, or one later overturned or reduced, may not support the charge.

We bring federal defense capability

When a case is in or headed for federal court, Of Counsel James Lee Bright brings more than 25 years of federal trial experience across all four Texas federal districts. State and federal exposure are evaluated together from the start.

Do You Really Need a Lawyer for a Weapons Charge?

You will have one either way, because the court appoints counsel if you cannot afford it. The real question is what your lawyer can do with the case.

Weapons cases are won on the search and on technical proof, and both take work to litigate. Court-appointed counsel rarely has the time to push a suppression motion hard or the resources to challenge a weapon’s classification or a prior conviction’s validity. A quick plea can permanently cost you your firearm rights and leave a felony on your record that follows you for life. When the charge is federal, the stakes climb sharply, and experienced federal defense is not optional.

How Long Does a Weapons Case Take?

A misdemeanor unlawful carrying case often resolves in roughly 3 to 9 months. Felony weapons cases generally run 6 to 18 months from arrest through indictment, motions, and resolution. Federal firearms cases typically take longer and move on their own schedule.

Time is not wasted. It is when suppression motions get litigated, the weapon’s classification gets tested, and a prior conviction gets scrutinized. We keep you informed at every stage so the timeline never feels like silence.

How Much Does a Weapons Defense Cost?

Fees depend on the charge level, the county, whether the case is in state or federal court, and whether it involves suppression litigation or expert review. A misdemeanor unlawful carrying case and a federal firearms case are very different engagements, and we quote each fee after a free consultation so you know the full investment before committing.

Weigh the fee against the alternative: a conviction that can end your firearm rights permanently, sits on every background check, and in federal court can mean years in prison. The cheapest path through a weapons charge is rarely the least expensive one over time.

How Weapons Cases Move Through North and Central Texas Courts

In Dallas County, felony weapons cases run through the district courts at the Frank Crowley Courts Building, and federal cases are heard in the Northern District of Texas at the Earle Cabell Federal Building. Tarrant County cases are heard at the Tim Curry Criminal Justice Center in Fort Worth. Collin and Denton County district courts move quickly on weapons dockets, and both routinely order firearm surrender as a bond condition.

Rockwall County runs a smaller, faster docket east of Dallas, and McLennan County felony cases are heard in the district courts in Waco, supported by our Waco office. Whether a case stays in state court or is picked up federally often shapes everything that follows, which is why we assess that question early.

We appear in these courthouses regularly. See our courthouse guides for what to expect at each one.

What Are the Long-Term Effects of a Weapons Conviction?

A weapons conviction reaches well past the sentence. Any felony conviction ends your right to possess a firearm under both state and federal law, and the federal bar is permanent, even if your state rights are later restored. A misdemeanor crime of domestic violence triggers the same permanent federal firearm ban.

A conviction also appears on every background check and can affect employment, professional licensing, security clearances, and housing. For non-citizens, certain weapons convictions carry immigration consequences including deportability, so any non-citizen facing a weapons charge needs immigration-aware defense from day one. This permanence is the strongest reason to fight the charge now rather than plead it out.

Texas Gun and Weapons Charge FAQs

Do I still need a License to Carry in Texas?

Not in most cases. Since September 1, 2021, most Texans 21 or older who are not otherwise prohibited may carry a handgun without an LTC. A license still has benefits, including reciprocity in other states and carry in some locations, but it is no longer required for basic public carry.

Are switchblades and brass knuckles illegal in Texas?

No. Switchblade knives were decriminalized in 2013 and brass knuckles in 2019. Neither is a prohibited weapon under current Texas law, even though some older pages and officers still treat them as illegal.

Can I keep a gun in my car?

Generally yes, if you are not otherwise prohibited from possessing a firearm. Constitutional carry and the prior motor vehicle law both protect carrying in your own vehicle, but a felony record, a protective order, or a domestic violence conviction removes that protection.

Does a domestic violence misdemeanor really cost me my gun rights?

Yes, and permanently under federal law. A misdemeanor crime of domestic violence, or a qualifying protective order, bars you from possessing firearms or ammunition. This federal ban applies even where Texas would otherwise allow possession.

When does a state weapons case become a federal one?

Most often when a prohibited person is found with a firearm, when the weapon is an unregistered NFA item, or when a gun is connected to drug trafficking. Federal cases carry much harsher penalties, and Of Counsel James Lee Bright handles them in all four Texas federal districts.

What if the gun was not mine?

That is a real defense. When a weapon is found in a shared car or home, the State has to prove you knowingly controlled it. Proximity is not enough, and a weak possession link is one of the first things we challenge.

Talk to a Defense Team That Handles State and Federal Gun Cases

A Texas weapons charge turns on the lawfulness of the stop and search, the specific weapon involved, and your legal status at the time, and the same conduct can carry misdemeanor or federal-felony exposure depending on how it is charged. Deandra Grant Law challenges each piece. We have offices in Dallas, Fort Worth, Allen, Denton, Rockwall, and Waco, with more than 30 years in North and Central Texas courts, 500+ trials to verdict, and federal firearms defense in all four Texas federal districts.

Call (214) 617-0847 for a free, confidential consultation. Available 24/7. No cost, no obligation.

Reviewed by Deandra Grant, Managing Partner. Read her full profile.