Texas Gun Possession Lawyers

A weapons charge in Texas can blindside an otherwise law-abiding gun owner — and put your freedom, your record, and your right to own a firearm on the line. Here is what matters most: an arrest is not a conviction. Texas gun cases turn on details most people never think about — whether the stop was legal, whether you were actually "carrying" under the statute, and whether an exception applies. With the right Texas firearms defense lawyer fighting for you, charges can be challenged, reduced, and sometimes dismissed. Defense attorneys say it's best to talk to a lawyer before trying to explain a weapons charge on your own, and not to wait.

Can You Carry a Gun in Texas Without a License?

Usually yes — if you qualify. Since 2021, Texas's permitless carry (often called "constitutional carry") law lets most people 21 and older who are not otherwise prohibited carry a handgun in public without a License to Carry. But the law did not make carrying legal for everyone, everywhere. People under 21, convicted felons, and others remain prohibited, and carrying is still a crime in the locations listed in Texas Penal Code §46.03 (Texas State Law Library). Many people are charged precisely because they assumed permitless carry covered a situation it does not.

What Are the Main Texas Gun Crimes?

Most Texas firearm charges fall under Chapter 46 of the Penal Code. Here are the core offenses (Penal Code Ch. 46):

The same firearm can trigger very different charges depending on who was carrying it, where, and why. A skilled lawyer starts by pinning down exactly which statute the State is actually relying on — because that determines everything that follows. See our criminal defense overview or read about DWI charges involving a firearm.

Is It a Felony for a Felon to Have a Gun in Texas?

Yes. Under Texas Penal Code §46.04, unlawful possession of a firearm by a felon is a third-degree felony (2 to 10 years in prison and a fine up to $10,000). The statute bars possession after a felony conviction, and even after the statutory five-year period following release, it restricts where a person with a felony record may have a firearm — generally only at the place where they live. Critically, federal law is separate and often stricter, frequently imposing a lifetime ban regardless of Texas timelines (FindLaw). This is one of the most misunderstood areas of Texas gun law, and the consequences of getting it wrong are severe.

Where Is It Illegal to Carry a Gun in Texas?

Even with a License to Carry, certain places are off-limits. Under §46.03, prohibited locations include schools and school activities, polling places on election day, courts and court offices, racetracks, the secured area of an airport, and within 1,000 feet of an execution. Other places — bars deriving most income from alcohol, certain hospitals and amusement parks, and properties posting valid notice — can also be restricted. Carrying in a prohibited place is a serious charge on its own, separate from how the person came to have the gun.

Can You Carry a Gun While Intoxicated in Texas?

No — and this catches a lot of responsible gun owners off guard. Under Texas Penal Code §46.02(a-6), carrying a handgun while intoxicated is a Class A misdemeanor (up to one year in jail and a $4,000 fine), and it applies even to License to Carry holders — permitless carry does not protect a person who is intoxicated. That means someone pulled over for DWI with a handgun in the glovebox can suddenly face two charges at once. Learn more about DWI defense.

Can a Gun Charge Be Dismissed in Texas?

Often there is real room to fight. Depending on the facts, a defense lawyer may challenge whether the traffic stop or search was legal, whether you actually possessed the firearm (or it belonged to someone else in the car or home), and whether a statutory exception or affirmative defense applies. If a firearm was found through an illegal search, a motion to suppress can knock the evidence — and the charge — out. Possession and "carrying" are legal terms with specific meanings, and the State must prove them; an experienced attorney makes them do it.

Can You Restore Your Firearm Rights in Texas?

Sometimes. Texas state law restores certain rights after a waiting period in some situations, but federal firearm restrictions are separate and far harder to lift. Whether restoration is possible depends heavily on the underlying conviction and how state and federal law interact. Paths can include expunction, an order of nondisclosure, or a pardon — but they are narrow, and the analysis is technical. A lawyer who handles firearms cases can assess whether any realistic route exists in a given situation. See also: related drug charges.

How Does the Right Texas Gun Lawyer Win These Cases?

This is where experience separates the great firearms lawyers from the rest. A skilled Texas gun defense attorney attacks the case from every angle: Was the stop and search lawful? Did officers have probable cause — or did they overstep? Can the State prove you knowingly possessed the firearm, not a passenger? Does a recognized exception or constitutional-carry defense apply? Was the alleged "prohibited place" actually one under the statute? They file motions to suppress, expose weaknesses in the State's proof, negotiate hard with prosecutors, and protect your firearm rights for the future. The right defense does not just react — it takes the case apart. That is the kind of lawyer we will get on your side.

Frequently Asked Questions About Texas Gun & Weapons Charges

Can you carry a gun in Texas without a license?

Under Texas's 2021 permitless (constitutional) carry law, most people 21 and older who are not otherwise prohibited may carry a handgun in public without a License to Carry. People under 21, convicted felons, and others remain prohibited, and carrying is still illegal in the places listed in §46.03.

Is it a felony for a felon to have a gun in Texas?

Yes. Under Texas Penal Code §46.04, unlawful possession of a firearm by a felon is a third-degree felony. The law restricts possession after a felony conviction and limits where a person with a felony record may possess a firearm. Federal law imposes its own, often stricter, restrictions.

What is unlawful carrying of a weapon in Texas?

Unlawful carrying of a weapon (UCW) under §46.02 covers situations where carrying a handgun is still illegal despite permitless carry — a person under 21, a person carrying while engaged in criminal activity, or a person otherwise prohibited. It is generally a Class A misdemeanor but can be a felony depending on the circumstances.

Where is it illegal to carry a gun in Texas?

§46.03 lists prohibited places, including schools and school activities, polling places on election day, courts and court offices, racetracks, the secured area of an airport, and within 1,000 feet of an execution.

Can you carry a gun while intoxicated in Texas?

No. Carrying a handgun while intoxicated is a Class A misdemeanor under §46.02(a-6), even for License to Carry holders, because permitless carry does not protect an intoxicated person. A DWI arrest with a firearm in the vehicle can lead to two charges at once.

How old do you have to be to carry a handgun in Texas?

Generally at least 21, whether under permitless carry or with a License to Carry, with limited exceptions such as certain military members. A person under 21 carrying a handgun can be charged with unlawful carrying under §46.02.

Can a gun charge be dismissed in Texas?

Possibly. A lawyer may challenge the legality of the stop or search, whether the firearm was actually possessed by the accused, or whether an exception applies. If evidence was obtained illegally, a motion to suppress can lead to reduction or dismissal.

Can you get your gun rights back in Texas?

Sometimes. Texas state law restores certain rights after a waiting period in some cases, but federal restrictions are separate and harder to lift. A lawyer can assess whether expunction, nondisclosure, or a pardon is realistic for the underlying conviction.

What is the penalty for a gun charge in Texas?

Penalties range from a Class A misdemeanor (up to a year in jail and a $4,000 fine) for unlawful carrying to a third-degree felony (2 to 10 years) for unlawful possession by a felon, and higher for prohibited places, prohibited weapons, or other aggravating factors.

How do I get a gun possession lawyer in Texas right now?

Call or text 512-872-4400 any time, day or night. You will be connected with an experienced Texas firearms defense attorney in your area. Explore more legal topics.