Armas / UCW

No. Texas's permitless carry law (HB 1927, effective September 2021) allows eligible Texans 21 and older to carry a handgun without a License to Carry — but carry is still prohibited in dozens of specific locations: schools, courts, polling places, jails, hospitals, churches (without permission), bars, amusement parks, secured airport areas, and any business with valid 30.06/30.07 signage. Additionally, permitless carry does not apply at all if you have a felony conviction, certain misdemeanor convictions, are under 21, are subject to a protective order, or are otherwise legally prohibited. It also does not protect you from federal law at federal properties and buildings.

Under Texas state law (§ 46.04), a person convicted of a felony may not possess a firearm for five years after release from confinement, parole, or supervision. After five years, Texas law technically permits possession at the person's own home. However, federal law (18 U.S.C. § 922(g)(1)) imposes a lifetime prohibition with no home exception — and federal law governs. This means that even possession at home by a felon can result in federal prosecution regardless of Texas law. The federal law carries up to 15 years in prison and, for those with three or more prior violent or serious drug felonies, a mandatory minimum of 15 years under the Armed Career Criminal Act (ACCA). Do not assume the five-year Texas rule protects you from federal charges.

Yes — and many are. The most powerful path to dismissal is a successful Motion to Suppress Evidence, which seeks to exclude the weapon from evidence because it was discovered through an unlawful stop or search. Without the weapon, the State typically cannot prove the charge. Other dismissal grounds include: the location was not legally prohibited (sign not compliant, no valid 30.06), the defendant was legally eligible to carry and did nothing wrong, the State cannot prove the defendant knowingly possessed the weapon, or deferred adjudication successfully completed. An experienced attorney reviews the facts of the stop and search before anything else in a weapons case.

It depends on the charge. A felony UCW conviction results in a lifetime federal firearms disability under 18 U.S.C. § 922(g)(1) — you can never legally possess a firearm under federal law. A misdemeanor Class A UCW conviction does not by itself trigger a federal ban, but it does impose a five-year Texas prohibition. A misdemeanor family violence conviction — even unrelated to weapons — triggers a separate lifetime federal ban under § 922(g)(9). If your case is dismissed or you complete deferred adjudication and receive a non-disclosure, your ability to legally purchase and possess firearms may be preserved. An attorney should analyze the specific consequences of any plea before you accept it.

Yes — under certain circumstances. The automobile exception to the Fourth Amendment allows police to search a vehicle without a warrant if they have probable cause to believe it contains contraband or evidence of a crime. They can also search if you consent (you are never required to consent), as a search incident to lawful arrest, or if a weapon is in plain view. However, each of these exceptions has specific legal requirements. If the stop lacked reasonable suspicion, or the search exceeded the scope of a valid exception, a motion to suppress can challenge the legality of the search and exclude any weapon found as evidence. You should never physically resist a search — but you do have the right to clearly state "I do not consent to a search."

Yes. An LTC is not a blanket authorization to carry anywhere. LTC holders are still prohibited from carrying in the same locations as anyone else — schools, courts, polling places, and businesses with valid 30.06/30.07 signage. In fact, for LTC holders specifically, entering a business after receiving oral notice that firearms are prohibited can elevate the offense from a Class A misdemeanor to a third-degree felony under § 30.06/30.07. Your LTC also does not protect you if you are intoxicated (carrying while intoxicated is a separate offense under § 46.035) or if you carry a weapon other than a handgun in an unauthorized manner. An LTC is a significant legal protection — but it requires understanding its limits.