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Waco Gun Crime Lawyers
Gun crime charges in McLennan County are prosecuted by the McLennan County District Attorney’s Office and heard in the District Courts at the McLennan County Courthouse, 501 Washington Ave, Waco, TX 76701. 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 McLennan 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 Western 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 McLennan 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 Western District of Texas.
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Defense Strategies in Waco 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, the question of whether HB 1927 permits the conduct charged is examined first. Many charges that would have been valid before constitutional carry may no longer be viable.
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 Waco Gun Defense
- 30+ years in McLennan County courts. 500+ trials to verdict. The McLennan County Courthouse and the McLennan County DA’s office are familiar ground.
- Federal defense capability. James Lee Bright handles federal firearms charges in the Western 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 McLennan County, call (214) 225-7117 for a free, confidential consultation. Or schedule online at texasdwisite.com.
Frequently Asked Questions About Gun Crime Charges in Waco, TX
What constitutes a Gun Crime in Waco, TX?
Gun Crimes in Waco, TX can encompass various offenses, including unlawful possession, carrying of a firearm, possession of a prohibited firearm, possession of an unregistered firearm, and other related offenses. It’s essential to consult with an experienced Gun Crime Lawyer to understand the specific charges you are facing and their potential consequences.
What are the potential penalties for a Gun Crime conviction in Waco, TX?
Penalties for Gun Crime convictions in Waco, TX can be severe and may include fines, jail time, probation, and a criminal record. The severity of the punishment depends on the specific charges and the circumstances surrounding the offense. Having an experienced Gun Crime Lawyer by your side can significantly impact the outcome of your case.
What are my rights after being arrested for a Gun Crime in Waco, TX?
After being arrested for a Gun Crime in Waco, TX, you have the right to remain silent and the right to legal representation. It’s crucial to exercise these rights and refrain from speaking to law enforcement without a lawyer present. Contacting a skilled Gun Crime Attorney as soon as possible will help protect your rights and ensure you receive proper legal guidance.
Can I have my Gun Crime charges dropped?
The possibility of having your Gun Crime charges dropped depends on the specific circumstances of your case and the available evidence. A skilled Gun Crime Lawyer can thoroughly assess the evidence, identify weaknesses in the prosecution’s case, and explore potential defenses to work towards getting your charges reduced or dismissed.
Should I accept a plea deal for my Gun Crime charges?
Whether to accept a plea deal or proceed to trial depends on the unique circumstances of your case. An experienced Gun Crime Lawyer can review the plea offer, advise you on the potential consequences of accepting it, and help you make an informed decision that aligns with your best interests.
How can a Gun Crime Lawyer help with my case?
A knowledgeable Gun Crime Lawyer can provide invaluable legal assistance by investigating your case, gathering evidence, interviewing witnesses, and crafting a strong defense strategy tailored to your situation. They will represent you in court, negotiate with prosecutors on your behalf, and work diligently to pursue a positive outcome for your case.
How can I afford a Gun Crime Lawyer?
At Deandra Grant Law – Criminal & DWI Defense, we understand the financial concerns of our clients. We offer free consultations to discuss your case and determine the best approach for your defense. Additionally, we provide flexible payment options to make our legal services accessible to those in need.
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
(214) 225-7117
Experienced DWI Defense