Frisco Gun Crime Defense Attorney

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.

Which county handles your case. Frisco straddles both Collin and Denton counties. The county in which the alleged firearms offense occurred determines which DA’s office prosecutes it and which courthouse hears it. Cases arising in the Collin County portion of Frisco are prosecuted by the Collin County District Attorney’s Office and heard at the Collin County Courthouse, 2100 Bloomdale Road, McKinney, TX 75071. Cases arising in the Denton County portion of Frisco are prosecuted by the Denton County District Attorney’s Office and heard at the Denton County Courthouse, 1450 E. McKinney Street, Denton, TX 76209. Deandra Grant Law has offices in Allen and Denton and handles cases in both counties. If you are unsure which county applies to your case, we will identify it at the outset of the representation.

Deandra Grant Law has defended gun crime charges in both Collin and Denton counties 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 Eastern District of Texas (Sherman Division).

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. 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 must comply with duty-to-inform requirements during law enforcement stops.

Prohibited locations. Constitutional carry and LTC carry are 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.

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 Frisco

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. James Lee Bright handles federal firearms charges in the Eastern and Northern Districts of Texas.

Enhancements: theft from a person 65 years of age or older is enhanced one penalty level. Theft by a public servant from assets under their custody is also enhanced. Prior theft convictions can be aggregated with the current charge to reach a higher value threshold.