Top-Rated Weapons Charge Attorney Serving Collin County
Due to the volatile and ever-changing environment surrounding gun laws, it is possible for you to own illegal firearms and not even realize it. Many gun owners may inherit a weapon, or have a very old gun, and not even realize it’s prohibited until they are facing a slew of charges. Unfortunately, ignorance of the law is not a defense, and it’s important that you understand current gun laws and modify your weapons or adjust ownership accordingly. The experienced attorneys at Lucé Law, PC have helped many gun owners with their weapons charges. You have a choice, and it’s important that you make the right one.
What Weapons Are Illegal to Possess in Texas?
The Texas Code of Criminal Procedure 46.05 lays out which weapons are prohibited and how other weapons could be modified to be illegal. This list is not exhaustive, and not meant to be your sole guide to determining legality. If you have a specific question regarding a weapon, you need to talk directly to your attorney. If you are in possession of, manufacture, transport, or repair the following, you could be charged with a third-degree felony.
- Machine guns
- Explosive weapons
- Short-barreled firearm
- Firearm silencers
- Armor-piercing ammunition
- Chemical dispensing device
- Zip guns
There are defenses to weapons possession that could either exonerate you or minimize the consequences, and you need the right attorney to assist you. With vast experience across many personal injury and litigation practice areas, Lucé Law, PC will build a strategic defense to protect your rights.
Understanding Common Weapons Charges
Weapons charges can vary depending on the actions taken, the type of weapon involved, how it was carried, and whether other offenses were connected. The following are some of the most common charges that our weapons charges lawyers handle.
Illegally Discharging a Firearm
Some of the most serious weapons charges are related to illegally discharging a firearm. As a gun owner, you are responsible for the safe operation of your weapon. That includes not firing it in public areas. Depending on where you have illegally discharged your weapon, you can be facing criminal charges that result in jail time.
Charges for Illegally Carrying a Concealed Weapon
In Texas, most individuals aged 21 or older may legally carry a handgun in public without a License to Carry (LTC), provided they are not prohibited by state or federal law from possessing a firearm. This is commonly known as “constitutional carry,” and was enacted through House Bill 1927 in 2021. However, there are still important restrictions. Handguns may be carried on your own premises, such as your home, business, motor vehicle, or watercraft.
Carrying a handgun in places where it is expressly prohibited—such as schools, polling places, courts, or establishments that derive 51% or more of their income from the sale of alcoholic beverages for on-premises consumption—can lead to serious criminal charges. Unlawfully carrying a weapon may be classified as a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000. If the offense occurs on a premises licensed to sell alcohol, the charge may be elevated to a third-degree felony, carrying a potential sentence of 2 to 10 years in prison and fines up to $10,000.
If you are arrested or charged with Unlawful Carry of a Weapon (UCW), it is essential to consult an experienced criminal defense attorney immediately to protect your rights and build a strong legal defense.
Common Questions About Weapons Charges Law
Is it illegal to carry a handgun in Texas without a license?
It is not illegal for individuals aged 21 or older and with no felony convictions to carry a handgun in Texas without a license. Since 2021, law-abiding citizens can carry handguns, with certain exceptions for locations where firearms are prohibited.
What should I do if I’m arrested on a weapons charge in Texas?
If you’re arrested on a weapons charge in Texas, exercise your right to silence and request to speak with an attorney before making any statements. A weapons charge attorney can evaluate your case and develop an appropriate defense strategy.
Will I lose my right to own firearms if convicted of a weapons offense?
Individuals convicted of a felony weapons offense in Texas will typically lose their right to own a firearm for at least five years, and potentially for life. Certain misdemeanor offenses may have temporary limitations on gun ownership, but other convictions can lead to permanent bans based on federal law.
McKinney-Based Attorney Representation for Weapons Charges
Lucé Law, PC is a trusted law firm in McKinney, TX providing advice and representation for cases involving weapons charges. If you would like the support of a dedicated criminal law attorney, our team is ready to help. Call (972) 632-1300 or request a free legal consultation now.
