Arrested for Weapons Charge

If you have been arrested for a weapons charge, then you need to hire an experienced criminal defense lawyer who can provide the best legal defense for a gun crime.

The Second Amendment to the
Constitution of the United States of America

Guarantees you the right to bear arms, “…the right of the people to keep and bear arms, shall not be infringed.”

What locations are excluded from my License to Carry?

You are excluded from carrying a weapon in certain locations even if you possess a License to Carry.

  • polling places on election day or during early voting’
  • a courthouse or any place utilized by a court,
  • a racetrack,
  • an airport,
  • a business that sells alcohol,
  • the location of a high school, college, or professional sporting event,
  • a prison or jail,
  • a mental hospital,
  • a nursing home,
  • an amusement park,
  • government meeting.

This is not a complete list of locations where weapons are excluded, where even a license to carry can not protect you from being arrested for a weapons charge.

Can I still own or possess a gun after being convicted of a felony?

On this question there is a conflict between Texas and Federal law.  Under Federal law, if you have been convicted of a felony then you can never own or possess a gun.  Also, under Federal law a deferred adjudication is considered a conviction.  However, under Texas law, five years from the date of you release from prison or the end of your probation you can possess a gun on your property, but nowhere else.

Can I possess a gun after being convicted of a misdemeanor crime of family violence?

Again there is conflict between Texas law and Federal law.  Under Texas law, five years from the date of you release from prison or the end of your probation you can possess a gun.  However, under Federal law it is illegal to buy, own, borrow, store, carry, or shoot a gun.

Is it legal to own a switchblade?

As of September 1, 2013, Texas law changed to make it legal to own and carry a spring-loaded knife that opens automatically.

Is it legal to own brass knuckles?

As of September 1, 2019, Texas law changed to allow the possession of brass knuckles, which means that it is legal to own a trench knife.

Texas Penal Code §46.01. DEFINITIONS.

In this chapter: (1) “Club” means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following: (A) blackjack; (B)nightstick; (C) mace; (D) tomahawk. (2) “Explosive weapon” means any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon.(3) “Firearm” means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is: (A) an antique or curio firearm manufactured before 1899; or (B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.  (4) “Firearm silencer” means any device designed, made, or adapted to muffle the report of a firearm.  (5) “Handgun” means any firearm that is designed, made, or adapted to be fired with one hand.  (6) “Location-restricted knife” means: a knife with a blade over five and one-half inches.  (7) “Knife” means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.  (8) “Knuckles” means any instrument that consists of finger rings or guards made of a hard substance and that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles.  (9) “Machine gun” means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger.  (10) “Short-barrel firearm” means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches.  (11) “Switchblade knife” means any knife that has a blade that folds, closes, or retracts into the handle or sheath and that opens automatically by pressure applied to a button or other device located on the handle or opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force. The term does not include a knife that has a spring, detent, or other mechanism designed to create a bias toward closure and that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure and open the knife.  (12) “Armor-piercing ammunition” means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers…

25+ Years of Experience