Fort Worth Gun Crime Lawyers

Gun crime charges in Tarrant County are prosecuted by the Tarrant County District Attorney’s Office and heard in the Criminal District Courts at the Tim Curry Criminal Justice Center, 401 W. Belknap St, Fort Worth, TX 76196. 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 Tarrant County for more than 30 years. 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.

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 Tarrant 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. Trafficking firearms across state lines, possessing a firearm with an obliterated serial number, and certain unlicensed dealing offenses are exclusively federal. James Lee Bright handles federal firearms charges in all Districts of Texas.