A firearm found during a traffic stop, a past conviction, or a misunderstanding about where you can carry can become a criminal case. Texas permits many people to carry a handgun without a license, but that does not make every person, weapon, or location lawful.
Texas Defenders represents people facing unlawful carry, firearm possession, prohibited-place, and related weapons allegations. We examine the exact charge, the stop and search, your eligibility to possess or carry, and the evidence connecting you to the weapon.
Speak with a Dallas weapons charges defense lawyer before making decisions about your case. Call (214) 306-9696 for a free consultation.
A Dallas gun charge dismissed
Unlawful traffic stop. Evidence suppressed.
In September 2026, Texas Defenders secured dismissal of a felony gun charge after challenging a Dallas traffic stop based on a partially dim taillight. The defense argued that the vehicle's functioning lights complied with Texas law and that the stop lacked reasonable suspicion.
The court suppressed the evidence obtained during the stop, detention, and arrest. Without that evidence, prosecutors could not establish the case.
Past results do not guarantee a similar outcome. Every case depends on its facts and applicable law.
Weapons charges we defend
Unlawful carrying of a weapon
Section 46.02 addresses handgun carrying in specific circumstances, including prohibited status, display, and certain vehicle or intoxication allegations. The subsection matters. We assess license status and applicable exceptions rather than assuming that having a gun proves a crime.
Firearm possession after a conviction
Section 46.04 restricts firearm possession following a felony conviction. Timing, release from confinement or supervision, and location matter. The limited state-law rule for possession at home after five years from the later release from confinement or supervision does not remove a separate federal prohibition.
Family violence & protective orders
A qualifying family-violence conviction or specified protective order can restrict possession. We examine the underlying judgment, relationship, notice, and relevant dates. Possession and carrying a handgun away from home can be different charges with different penalties.
Weapons in prohibited places
Section 46.03 covers locations such as schools, court premises, secured airport areas, and certain alcohol-serving businesses. Not every location carries the same penalty. Boundaries, authorization, effective notice, and license-holder exceptions require careful review.
Prohibited weapons & transfers
Section 46.05 covers specified items such as explosive weapons, machine guns, and zip guns, subject to statutory qualifications. Brass knuckles are no longer on that list. Section 46.06 separately addresses unlawful transfers. The item and transaction must fit the actual statute.
Threats, discharge & deadly weapons
A confrontation can lead to deadly conduct, aggravated assault with a deadly weapon, or another charge beyond simple possession. We examine recordings, witnesses, intent, and any self-defense issue. Lawful ownership alone does not resolve an allegation about how a weapon was used.
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The 2021 permitless-carry change removed the license requirement for many people. It did not repeal restrictions on prohibited persons, prohibited places, or unlawful use of a weapon. A concealed handgun is not subject to a universal holster requirement; open display and vehicle circumstances have their own rules.
Your defense may turn on a valid License to Carry, the precise location of the handgun, or a statutory exception. Age-related rules and court rulings also deserve individual review. A general statement that Texas allows carry is not enough to evaluate an arrest.
51% signs and other notices
A business deriving at least 51% of its income from on-premises alcohol sales is treated differently from an ordinary restaurant. A 51% notice is not interchangeable with a 30.06 or 30.07 notice. Preserve photos of the entrance and signs; license status and effective notice can matter.
Knives and traveling
Texas defines a location-restricted knife as having a blade over 5.5 inches. Location and age restrictions still apply. The traveling provision in Section 46.15 is limited to the statutes it identifies; it does not erase every firearm-possession or prohibited-place restriction.
Texas weapons charge penalties
The table separates possessing a firearm from carrying a handgun. These are general, unenhanced ranges under Texas Penal Code Chapters 12 and 46, not a prediction of your sentence.
Allegation
General level and range
Ordinary UCW under §46.02, when no special felony or knife provision applies
Class A misdemeanor: up to 1 year in jail and/or a $4,000 fine.
Felon firearm possession under §46.04(a)
Third-degree felony: 2 to 10 years; fine up to $10,000.
Qualifying family-violence or protective-order firearm possession under §46.04(b) or (c)
Class A misdemeanor: up to 1 year in jail and/or a $4,000 fine.
Handgun carrying under §46.02(a-7) by a person prohibited under the felon-possession provision
Second-degree felony with a special minimum: 5 to 20 years; fine up to $10,000.
Handgun carrying under §46.02(a-7) by a person prohibited under the family-violence or protective-order provisions
Third-degree felony: 2 to 10 years; fine up to $10,000.
Firearms in prohibited places under §46.03
Generally third degree, but specified locations and campus provisions are Class A. Exceptions and notice rules matter.
Prohibited weapons under §46.05
Generally third degree. The tire-deflation-device offense is a state jail felony: 180 days to 2 years; fine up to $10,000.
Which prohibited places have different penalties?
Specified sporting-event, civil-commitment, hospital or nursing-facility, amusement-park, and campus offenses fall within the Class A provisions. Schools, court premises, secured airport areas, and other listed places can carry felony exposure. Mental hospitals have a separate provision. The exact subsection, weapon, location, license status, and exceptions must be checked.
Location-restricted knives have a separate penalty rule, generally Class C under Section 46.03, with a felony exception for the school provision. Prior convictions and other enhancements can increase exposure.
How we build a weapons defense
1
Challenge an unlawful stop or search
We compare police reports with body-camera footage, dash-camera footage, warrants, and claimed consent. If evidence was obtained unlawfully, a motion to suppress may keep it out of court. Whether dismissal follows depends on the remaining proof.
2
Test possession and identification
A gun in a shared car or home does not by itself answer who knowingly controlled it. We examine location, access, statements, ownership records, and other evidence. The State must prove the elements of the particular offense.
3
Check status, notice and exceptions
The prior judgment, protective order, service records, release dates, LTC status, and property boundaries may change the legal analysis. We check the law applicable to the offense date and challenge assumptions that do not match the records.
4
Investigate the whole encounter
For threats or use-of-force allegations, the sequence of events matters. Witnesses, video, physical evidence, and applicable self-defense law can be important. Self-defense concerning the use of force does not automatically excuse a separate unlawful-possession charge.
Bring your charging documents, bond conditions, court notice, and any relevant license or order to your consultation. Call (214) 306-9696 to discuss your next step.
Dallas courts, federal charges & your future
Lew Sterrett Justice Center
Booking and magistration
Booking may occur through the Dallas County jail system, commonly called Lew Sterrett. A magistrate addresses rights and bail.
The Dallas County District Attorney evaluates state charges. Class A misdemeanor cases generally proceed in county criminal courts; felonies generally involve grand-jury review and district courts. Many criminal proceedings take place at the Frank Crowley Courts Building, 133 N. Riverfront Boulevard. Confirm the assigned court and setting on your notice.
Follow every bond condition, including any firearm restriction. Preserve relevant recordings and documents. Your lawyer can review discovery, investigate witnesses, raise suppression issues, negotiate, and prepare for trial as the evidence warrants. Read more about our Dallas criminal defense practice.
Federal law is a separate question
Federal firearm restrictions under 18 U.S.C. §922 can apply even when a state-law exception appears available. A qualifying felony, domestic-violence conviction, or protective order may create federal exposure. Federal charges and sentencing require their own analysis; a Texas penalty table cannot answer them.
Consider more than the jail range
A weapons case can affect firearm rights, an LTC, employment, professional licensing, and immigration status. An affirmative deadly-weapon finding in a felony judgment can restrict judge-ordered probation and change parole eligibility. It is not simply another name for any charge involving a gun.
Dismissal, alternatives & protecting your record
Dismissal, reduction, a negotiated resolution, or trial may be appropriate depending on the evidence. Diversion, deferred adjudication, and probation require a separate eligibility assessment. A first arrest does not guarantee acceptance into a program or a dismissal.
Record clearing also requires planning. An eligible dismissal may support expunction; certain qualifying deferred-adjudication outcomes may support nondisclosure. Neither happens automatically. Before accepting a plea, discuss the charge, any deadly-weapon finding, and state and federal firearm consequences with your lawyer.
Your Dallas defense attorneys
Learn who is behind your defense and why local experience and clear communication matter.
David Payma
Managing Criminal Defense Attorney
David leads the firm's criminal defense practice, handling misdemeanors and felonies across Dallas, Collin, Tarrant, and Denton counties. His approach emphasizes individual case strategy and accessible communication.
Ben represents clients facing misdemeanor and felony charges across Dallas County and the greater DFW area. His practice includes DWI, drug, assault, property, and weapons cases, with an emphasis on personal attention and clear communication.
Can I be charged if the gun belongs to someone else?
Yes. Ownership is not the same as possession or carrying. The prosecution still must prove the required conduct and mental state. Shared access and where the weapon was found can be important to the defense.
Does a Texas License to Carry change the defense?
It can. License holders have specific protections and exceptions, but an LTC does not authorize every person, location, or use of force. Bring the license and relevant paperwork so the exact charge can be evaluated.
What if the allegation involves carrying while intoxicated?
Texas DPS states that the Penal Code prohibition on carrying a handgun while intoxicated does not apply to license holders, while cautioning against carrying impaired. License status and the statutory conditions must be evaluated. Other offenses, prohibited-place rules, and liability may still apply.
Are brass knuckles, switchblades or suppressors automatically illegal?
No. Those items are not listed as prohibited weapons in current Texas Penal Code Section 46.05. That does not resolve every issue about possession, carrying, use, or federal regulation. The exact item and circumstances need review.
Can an illegal search get my gun charge dismissed?
A successful suppression motion can exclude evidence. If the remaining evidence cannot prove the charge, dismissal may follow. The September 2026 result above illustrates that sequence, but no outcome is guaranteed.
Can I get probation or clear the charge from my record?
Possibly, depending on the offense, criminal history, findings, and disposition. Probation, deferred adjudication, expunction, and nondisclosure have different eligibility rules. Review both punishment and record consequences before deciding how to resolve the case.
How much does a Dallas weapons defense lawyer cost?
Fees depend on the charge, evidence, complexity, and work required. Texas Defenders offers a free consultation to discuss your circumstances, representation, and fees. You are not obligated to hire the firm.
Speak with a Dallas weapons charges defense lawyer
Tell us about the charge, court date, and concerns you want to address. Request a free consultation with Texas Defenders about your Dallas weapons case.
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