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Allen Gun Crime Lawyers
Gun crime charges arising in Allen are prosecuted by the Collin County District Attorney’s Office and heard in the District Courts at the Collin County Courthouse, 2100 Bloomdale Rd, McKinney, TX 75071. Texas firearms law changed significantly on September 1, 2021, when constitutional carry (HB 1927) took effect. Whether the conduct alleged actually violated current Texas law (and whether the stop, search, or seizure that produced the evidence was lawful) are the first questions in every gun charge defense.
Deandra Grant Law has defended gun crime charges in Collin County for more than 30 years, with an office in Allen. Managing Partner Deandra Grant and Partner Douglas Huff bring trial experience and forensic expertise to every case. Of Counsel James Lee Bright handles federal firearms charges in the Northern District of Texas.
Deandra Grant Law – Criminal & DWI Defense Helps Residents across Texas with Criminal Defense Matters – Including: Allen , Arlington, Belton, Cleburne, Collin County, Dallas, Denton, Fairview, Fort Worth, Frisco, Gainesville, Granbury, Hood County, Johnson County, Lewisville, Little Elm, McKinney, Park Cities, Parker County, Plano, Princeton, Richardson, Rockwall, Rowlett, Royse City, Southlake, Sunnyvale, The Colony, Waco, and Weatherford.
Texas Firearms Law: Current Framework
Constitutional carry (HB 1927, effective September 1, 2021). Most Texans who are 21 or older and not otherwise prohibited from possessing a firearm may carry a handgun in Texas (concealed or openly) without a License to Carry (LTC). Any analysis of a gun charge must apply the law in effect at the time of the alleged offense.
License to Carry (LTC). The LTC remains available and provides reciprocity benefits in other states. LTC holders are subject to specific rules regarding prohibited locations and must comply with the duty to inform law enforcement during a stop.
Prohibited locations. Constitutional carry and LTC carry are both subject to location-based restrictions. Firearms may not be carried in certain government buildings, polling places, courts, schools, racetracks, licensed premises, and other designated locations. Whether the defendant was in a prohibited location is a factual issue subject to challenge.
Age restrictions. Constitutional carry applies to persons 21 and older. Persons between 18 and 20 may possess a handgun in certain circumstances but may not carry under HB 1927.
Common Gun Charges in Collin County
Unlawful carrying of a weapon (§46.02). Carrying a handgun, illegal knife, or club in a prohibited location or by a person prohibited from possessing firearms. With constitutional carry now in effect, many UCW charges turn on whether the defendant was in a prohibited location or was disqualified from carrying.
Felon in possession. Under both Texas Penal Code §46.04 and federal law (18 U.S.C. §922(g)(1)), a person convicted of a felony is prohibited from possessing a firearm. The federal prohibition applies permanently regardless of whether civil rights have been restored under state law.
Prohibited person in possession — Lautenberg Amendment. Under 18 U.S.C. §922(g)(9), any person convicted of a misdemeanor crime of domestic violence is permanently prohibited from possessing firearms or ammunition under federal law including law enforcement officers and military members.
Aggravated assault with a deadly weapon (§22.02). Using or exhibiting a firearm during an assault elevates the charge to a second- or first-degree felony. The deadly weapon finding is a factual issue the defense can contest.
Deadly conduct (§22.05). Recklessly discharging a firearm or knowingly discharging it at or in the direction of a person or vehicle. Whether the conduct was reckless rather than accidental is the central defense issue.
Federal firearms charges. Federal law imposes its own firearms prohibitions and penalties, often significantly more severe than state charges. James Lee Bright handles federal firearms charges in the Eastern and Northern District of Texas.
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Defense Strategies in Collin County Gun Cases
Article 38.23 — suppression. Texas’s exclusionary rule carries no good faith exception. Gun charges frequently arise from traffic stops, pat-downs, and vehicle searches. The lawfulness of the stop, the justification for any search, and the scope of any consent given are all subject to challenge. A successful suppression motion eliminates the firearm evidence.
Constitutional carry applicability. Where the alleged conduct occurred after September 1, 2021, whether HB 1927 permits the conduct charged is examined first.
Prohibited location challenge. Whether the defendant was actually in a prohibited location at the time of the alleged carry offense is a factual issue examined in every UCW case.
Constructive possession. When a firearm is found in a shared space (a vehicle or residence accessible to multiple people) the State must prove beyond a reasonable doubt that the defendant exercised care, custody, and control over the firearm.
Why Deandra Grant Law for Allen Gun Defense
- Office in Allen. 30+ years in Collin County courts. 500+ trials to verdict. The Collin County Courthouse in McKinney and the Collin County DA’s office are familiar ground.
- Federal defense capability. James Lee Bright handles federal firearms charges in the Eastern and Northern District of Texas.
- Article 38.23 — no good faith exception. Every gun case begins with the lawfulness of the stop, search, or seizure.
- Constitutional carry expertise. Post-HB 1927 Texas firearms law applied correctly in every case.
- 17 published law books. Including A First Offender’s Guide to Texas Criminal Courts
- Texas Super Lawyer since 2011. AV® Preeminent rated by Martindale-Hubbell®.
If you are facing gun crime charges in Collin County, call (214) 225-7117 for a free, confidential consultation. Or schedule online at texasdwisite.com.
Frequently Asked Questions About Gun Crime Charges in Allen, TX
If you’ve been recently arrested for a gun crime in Allen, TX, you likely have many questions and concerns about your situation. At Deandra Grant Law – Criminal & DWI Defense, we understand the importance of providing you with clear and helpful information during this challenging time. Here are some common questions we often receive from individuals facing gun crime charges, along with their answers:
What qualifies as a gun crime in Texas?
Gun crimes in Texas encompass a wide range of offenses, including unlawful carrying of a firearm or gun, possession of a prohibited firearm, possession of an unregistered firearm, being a convicted felon in possession of a firearm, conceal and carry law violations, discharging or brandishing a weapon, and possession of an illegal firearm.
What are the potential consequences of a gun crime conviction?
Convictions for gun crimes can have severe consequences, including hefty fines, significant jail time, and a permanent criminal record. These consequences can adversely affect your future job prospects, housing opportunities, and even your right to possess firearms in the future.
What should I do if I've been arrested for a gun crime?
If you’ve been arrested for a gun crime, the first and most crucial step is to remain calm and exercise your right to remain silent. Avoid discussing the details of your case with anyone other than your attorney. Contact an experienced Gun Crime Lawyer at Deandra Grant Law – Criminal & DWI Defense immediately to protect your rights and build a robust defense.
Can I possess a gun if I have a prior criminal record?
In Texas, individuals with certain prior criminal convictions, such as felony offenses, may be prohibited from possessing firearms. However, some individuals may be eligible to have their gun rights restored after completing their sentence. It’s essential to consult with a knowledgeable Gun Crime Lawyer to determine your specific situation.
What are my rights during a police encounter?
If you encounter law enforcement, remember that you have the right to remain silent and the right to an attorney. Politely assert your rights and refrain from providing any statements without legal counsel present.
How can a lawyer help with my gun crime case?
An experienced Gun Crime Lawyer can be your advocate and guide throughout the legal process. They will thoroughly review the evidence against you, build a strong defense strategy, negotiate with prosecutors, and represent you in court, all with the goal of pursuing a positive outcome for your case.
Client Reviews
“Deandra Grant Law – Criminal & DWI Defense handled my case with diligence and professionalism. Deandra Grant’s reputation is stellar and now I know why. She has a team of individuals who provide quality service.”
N. Coulter
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