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What You Need to Know about Weapons Charges

Posted by Scott Markowitz | Apr 23, 2026 | 0 Comments

🔫 Charged with a Weapons Offense in Texas? Here's What You Need to Know

Texas has a well-known culture of gun ownership and Second Amendment pride — but even in the Lone Star State, there are strict laws governing how, when, and where you can carry or use a weapon. A weapons charge can sneak up on even the most law-abiding Texans. ⚠️

What Counts as a Weapons Offense in Texas? 🤔

Texas law covers a wide range of weapons-related violations, including:

  • 🔴 Unlawful carrying of a weapon (UCW) — carrying a handgun in a place you're not permitted to, or while intoxicated
  • 🔴 Prohibited places — bringing a firearm into a school, polling place, court, bar, or government building
  • 🔴 Felon in possession — it's illegal for convicted felons to possess any firearm
  • 🔴 Unlawful possession of a prohibited weapon — this includes things like brass knuckles, explosive devices, or machine guns
  • 🔴 Making a firearm available to a minor — a serious offense with steep penalties
  • 🔴 Deadly conduct — recklessly discharging a firearm or pointing it at another person

The Penalties Are No Joke ⚖️

Weapons charges in Texas range widely in severity:

  • Class A Misdemeanor — up to 1 year in jail and fines up to $4,000 (e.g., some UCW offenses)
  • Third Degree Felony — 2 to 10 years in prison (e.g., carrying in a prohibited place with a prior conviction)
  • Second Degree Felony — 2 to 20 years in prison (e.g., certain deadly conduct charges)
  • Federal charges — in some cases, weapons offenses can escalate to federal court, where penalties are even more severe 😟

Beyond jail time and fines, a conviction can mean losing your right to own or carry a firearm permanently — a devastating consequence for many Texans. 🚫

Common Defenses in Weapons Cases 💪

Just because you've been charged doesn't mean you'll be convicted. An experienced criminal defense attorney can explore several possible defenses, such as:

  • Illegal search and seizure — if law enforcement found the weapon through an unlawful stop or search, the evidence may be thrown out
  • Lack of knowledge — you may not have known the weapon was present (e.g., it was in someone else's bag)
  • License to carry — if you have a valid LTC and were in a lawful location, charges may not hold up
  • Self-defense — Texas has strong self-defense laws, including Castle Doctrine and Stand Your Ground
  • Improper charging — sometimes charges are filed incorrectly or without sufficient evidence

What To Do If You're Arrested for a Weapons Offense 🚨

  1. Stay calm and don't resist. Even if you believe the arrest is wrong, this is not the time to argue.
  2. Exercise your right to remain silent. Anything you say can and will be used against you.
  3. Do NOT consent to searches beyond what is legally required.
  4. Contact a criminal defense attorney immediately. The sooner you have legal representation, the better your chances of a favorable outcome.

Texas Gun Laws Are Complicated — Don't Go It Alone 🤝

With the passage of permitless carry (also known as "Constitutional Carry") in 2021, many Texans assume they can carry anywhere without consequence. That's simply not true. There are still dozens of restricted locations, age requirements, and conduct rules that can result in serious charges — even for responsible gun owners.

Navigating weapons laws requires an attorney who knows Texas statutes inside and out. ⭐

We're Ready to Fight for You 📞

We understand that good people sometimes find themselves in difficult situations. Whether you're facing a misdemeanor weapons charge or a serious felony, our Houston-based criminal defense team is here to protect your rights and your future.

📲 Call us today for a FREE, confidential consultation. No judgment — just results.

Your rights matter. Let us defend them. ⚖️✨

About the Author

Scott Markowitz

Scott Markowitz is a 2nd generation attorney, graduate of the University of Texas and the University of Houston Law School. He is a Texas Gulf Coast native and established the Markowitz Law Firm in 1994. "Empathetic and tenacious" is how some describe Scott. Those qualities coupled with his robu...

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