Dallas Weapon Charges Attorneys

Texas has significantly liberalized its weapons laws over the past decade with constitutional carry, the decriminalization of switchblades and brass knuckles, and an expanded list of locations where licensed carry is permitted. But the state’s remaining weapons prohibitions are serious, and the federal weapons statutes that apply alongside state law carry penalties that dwarf most state charges. A Dallas weapon charge may be prosecuted in the state courts at Frank Crowley Courts Building or in the federal courts of the Northern District of Texas, depending on the nature of the offense and whether federal law is implicated.

At Deandra Grant Law, we have been defending weapons charges in Dallas County and the surrounding North Texas courts for more than 30 years. Partner Douglas Huff has completed advanced digital forensics training. Of Counsel James Lee Bright brings more than 25 years of federal trial experience across all four Texas federal districts, including the Northern District that covers Dallas County.

Constitutional Carry in Texas: What Changed in 2021

Effective September 1, 2021, Texas HB 1927 established permitless carry (commonly called constitutional carry) for most Texans. A person who is 21 years of age or older and who is not otherwise prohibited by state or federal law from possessing a firearm may carry a handgun in a holster, openly or concealed, in most public places without a License to Carry (LTC).

Constitutional carry did not eliminate the unlawful carrying of a weapon (UCW) charge under §46.02. It changed who is prohibited from carrying. The charge still applies in a significant number of circumstances that many people are unaware of, and a UCW arrest remains a serious matter regardless of whether the person believed they were lawfully carrying.

Unlawful Carrying of a Weapon: §46.02

Under Texas Penal Code §46.02, a person commits UCW if they intentionally, knowingly, or recklessly carry a handgun in a place other than the person’s own premises or in their own vehicle or watercraft, and they are: (1) a felon; (2) under a Class A or B misdemeanor deferred adjudication or community supervision; (3) a member of a criminal street gang; or (4) carrying while intoxicated.

Constitutional carry did not change the prohibition for these categories. Additionally, even for persons who are generally permitted to carry under constitutional carry, UCW applies if they carry in a prohibited location.

Who Is Still Prohibited from Carrying

Felons.  A person convicted of a felony offense may not possess a firearm under Texas Penal Code §46.04 and is also subject to the federal felon-in-possession prohibition under 18 U.S.C. §922(g)(1). The federal charge carries up to 15 years in federal prison and is prosecuted in the Northern District of Texas for Dallas County cases.

Family violence convictions and protective orders.  A person subject to a qualifying protective order, or convicted of a misdemeanor crime of domestic violence, is prohibited from possessing firearms under federal law (18 U.S.C. §922(g)(8) and (g)(9)). This is one of the most common pathways to a federal weapons charge arising from a state family violence case. A family violence affirmative finding entered with even a misdemeanor conviction triggers this prohibition permanently.

Carrying while intoxicated.  Carrying a handgun while intoxicated (regardless of whether the person otherwise has the right to carry) is a Class A misdemeanor under §46.02(a)(2)(A). In a DWI stop where a firearm is present in the vehicle, this charge may be added alongside the DWI.

Persons under deferred adjudication or community supervision for a Class A or B misdemeanor.  A person currently serving deferred adjudication or community supervision for a Class A or B misdemeanor is prohibited from carrying under §46.02 for the duration of that supervision.

Prohibited Locations

Even under constitutional carry, carrying is prohibited in a significant number of locations regardless of the carrier’s status. These include schools and educational institutions, polling places on election day, courts and court offices, racetracks, secured areas of airports, establishments that derive 51% or more of income from alcohol sales (51% establishments), correctional facilities, hospitals and nursing facilities, amusement parks, places of religious worship (unless the organization permits), and any location where notice is provided under §30.06 (concealed) or §30.07 (open carry) by the property owner.

Carrying in a prohibited location after receiving notice is a Class C misdemeanor on the first instance. It becomes a Class A misdemeanor if the person refuses to leave after being asked.

Prohibited Weapons Under Texas Law: §46.05

Texas Penal Code §46.05 prohibits the manufacture, transport, repair, sale, or possession of specific weapons regardless of the carrier’s status. The current prohibited weapons list includes:

Explosive weapons.  Bombs, grenades, rockets, mines, and similar devices designed to cause explosion or fire. Possession is a second-degree felony carrying 2 to 20 years and a fine up to $10,000.

Machine guns.  Any firearm capable of firing more than one round per trigger pull. Possession is a third-degree felony carrying 2 to 10 years and a fine up to $10,000. NFA-regulated machine guns manufactured before May 1986 may be lawfully owned under federal law with proper registration, but federal compliance does not eliminate state liability and vice versa.

Short-barrel firearms.  Rifles with barrels shorter than 16 inches and shotguns with barrels shorter than 18 inches. Possession is a third-degree felony. NFA-regulated short-barrel rifles and shotguns with proper federal tax stamps may qualify for the statutory defense under §46.05(b).

Armor-piercing ammunition.  Handgun ammunition designed to penetrate body armor. Possession is a Class A misdemeanor.

Chemical dispensing devices.  Devices designed to dispense a chemical capable of causing injury, other than personal protection sprays. Possession is a Class A misdemeanor for devices not intended as personal protection; manufacturing or selling is a third-degree felony.

Improvised handguns (zip guns).  A handgun that is not a firearm manufactured by a licensed manufacturer. Possession is a third-degree felony.

Tire deflation devices.  Devices designed to puncture tires of a moving motor vehicle. Possession is a Class A misdemeanor.

Note: Switchblade knives and brass knuckles were removed from the Texas prohibited weapons list in 2013 and 2019, respectively. They are no longer prohibited under state law.

Federal Weapons Charges in the Northern District of Texas

Dallas County federal weapons cases are prosecuted in the Northern District of Texas at the Earle Cabell Federal Building. Federal weapons charges frequently arise alongside or instead of state charges when: the alleged offense involves a prohibited person (felon, domestic violence misdemeanant, person under qualifying protective order) in possession of a firearm; the weapon involved is an NFA item without proper registration; the offense involves interstate commerce; or the firearm was used in connection with a drug trafficking offense.

Federal penalties are substantially harsher than state penalties.  Felon in possession under 18 U.S.C. §922(g) carries up to 15 years. Possession of an unregistered NFA firearm under 26 U.S.C. §5861 carries up to 10 years. Using or carrying a firearm during and in relation to a drug trafficking crime under 18 U.S.C. §924(c) carries a mandatory minimum of 5 years consecutive to any other sentence which is stacked, not concurrent. Of Counsel James Lee Bright has more than 25 years of federal trial experience and has appeared in the Northern District throughout his career.

The Constitutional Foundation

Under Texas Code of Criminal Procedure Article 38.23, evidence obtained through an unlawful stop or a constitutionally defective search is suppressible with no good faith exception. In weapons cases, the circumstances of the initial stop and the scope of any search are often the most important questions in the defense. The Second Amendment and Fourth Amendment dimensions of a weapons case may be litigated simultaneously. Whether the state’s application of the prohibited weapons statute or UCW provision is constitutionally valid given the defendant’s conduct is a question that has been evolving in federal courts since New York State Rifle & Pistol Association v. Bruen (2022).

Talk to Deandra Grant Law About Your Dallas Weapons Case

Whether your case involves a state UCW charge, a prohibited weapon under §46.05, or a federal firearms offense in the Northern District, the analysis begins with the circumstances of the stop or search, the specific weapon involved, and your legal status at the time of the alleged offense. Deandra Grant Law has offices in Dallas, Fort Worth, Allen, Denton, Waco, and Rockwall. We have appeared in North and Central Texas courts for more than 30 years, across more than 500 trials to verdict.

Call (214) 225-7117 for a confidential consultation.