Gun & Weapons Charges Lawyer in Dallas, TX
Texas moved to permitless carry in 2021, which changed the legal landscape for weapons charges significantly — most people 21 and older who aren’t otherwise disqualified can now legally carry a handgun in public without a license. That means most weapons charges today center on a narrower question: was this person actually disqualified from carrying in the first place, or were they in a prohibited location?
Texas Permitless Carry: Who’s Actually Disqualified
Under Texas Penal Code § 46.02, as amended by House Bill 1927 (2021), a person 21 or older who isn’t otherwise prohibited can lawfully carry a handgun in most public places without a License to Carry. Since that change, unlawful carrying charges apply primarily to people who fall into a disqualified category, including someone who:
- Has a prior felony conviction (§ 46.04)
- Has a recent conviction for certain misdemeanors described in §§ 46.02 and 46.04
- Is subject to an unexpired protective order (§ 46.04(c))
- Is a member of a criminal street gang while carrying a firearm (§ 46.04(a-1))
- Is intoxicated while carrying outside their own property, vehicle, or watercraft (§ 46.02(a-6))
- Is under 21 (with limited exceptions)
If none of these disqualifications apply and the person is carrying in a non-prohibited location, lawful permitless carry is a complete defense to a § 46.02 charge.
Penalties for Unlawful Carrying
Unlawful carrying is generally a Class A misdemeanor (up to one year in county jail and/or a $4,000 fine). It escalates significantly when the disqualification involves prior firearm prohibitions:
- Third-degree felony — if the person was prohibited from possessing a firearm under § 46.04(b) or (c)
- Second-degree felony, with a minimum five-year prison term — if the person was prohibited under § 46.04(a) (the felon-in-possession provision)
It also becomes a third-degree felony, regardless of disqualification status, if the carrying occurs in certain prohibited locations.
Places Where Firearms Remain Prohibited
Even under permitless carry, Texas law prohibits carrying firearms — with or without a license — in specific locations under § 46.03, such as schools, polling places on election day, courts and government meetings, secured airport areas, and racetracks, among others. Carrying in a prohibited location is a distinct offense from unlawful carrying based on disqualification.
Felon-in-Possession Charges
Separate from § 46.02, § 46.04 makes it a distinct offense for someone with a prior felony conviction to possess a firearm at all — not just to carry one publicly — for a defined period following conviction or release. This is one of the most serious weapons charges under Texas law given the mandatory minimum sentencing involved when it also triggers the elevated § 46.02 penalty.
Federal Law Still Applies
Texas permitless carry does not override federal firearms law. Under 18 U.S.C. § 922(g), felons, domestic-violence misdemeanants, people subject to certain protective orders, and other federally disqualified persons remain prohibited from firearm possession regardless of Texas state law — meaning a person can be compliant with Texas carry law and still face federal charges.
Common Defenses in Texas Weapons Cases
- Lawful permitless carry — if the person was 21+, not disqualified, and in a non-prohibited location, this is a complete defense.
- Lack of knowing possession — for example, a firearm left in a borrowed vehicle without the driver’s knowledge.
- Unlawful search and seizure — if the firearm was discovered through an unconstitutional stop or search, the evidence may be subject to suppression.
- Location dispute — whether a specific location actually qualifies as “prohibited” under § 46.03 is sometimes contested.
Related Criminal Defense Topics
- Criminal Defense in Dallas — general overview of the Texas criminal process
- Assault & Domestic Violence in Dallas — protective orders arising from these cases can trigger firearm disqualification
- Drug Charges in Dallas — weapons charges frequently arise alongside drug charges in the same case
Frequently Asked Questions
Can I carry a handgun in Texas without a license?
Generally yes, if you’re 21 or older and not otherwise disqualified — Texas has allowed permitless carry since House Bill 1927 took effect in 2021. You can still obtain a License to Carry voluntarily, which offers benefits like reciprocity in other states.
What makes someone disqualified from permitless carry in Texas?
Common disqualifications include a prior felony conviction, certain recent misdemeanor convictions, an unexpired protective order, gang membership while carrying, being intoxicated while carrying outside your own property or vehicle, or being under 21.
Is it still illegal to carry a gun in certain places even without a license requirement?
Yes. Permitless carry didn’t eliminate location-based restrictions — schools, courts, polling places, and other locations listed under § 46.03 remain prohibited regardless of whether you’re licensed.
What’s the difference between a Class A misdemeanor and a felony weapons charge?
The classification depends on why the carrying was unlawful. A general unlawful carrying charge is typically a Class A misdemeanor, but it becomes a third-degree or even second-degree felony if it involves someone already prohibited from possessing a firearm under § 46.04, or occurs in certain prohibited locations.
Does Texas permitless carry protect me from federal gun charges?
No. Federal law under 18 U.S.C. § 922(g) independently prohibits certain people — felons, domestic-violence misdemeanants, and others — from possessing firearms, regardless of Texas state law. Compliance with Texas carry law doesn’t guarantee compliance with federal law.
Can a protective order affect my right to carry a firearm?
Yes. Being subject to an unexpired protective order is one of the specific disqualifications under § 46.04(c) that can make otherwise-lawful carrying a criminal offense.
The content on this page is intended for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this material. Laws vary by jurisdiction and change over time — consult a licensed Texas attorney for advice specific to your situation.