Firearms Charges

Texas Weapons Law

Weapons Charges in Texas — More Complex Than People Think

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Texas has a well-deserved reputation as a gun-friendly state. In September 2021, HB 1927 — commonly called the “permitless carry” or “constitutional carry” law — took effect, allowing most law-abiding Texans 21 and older to carry a handgun in public without a License to Carry (LTC). But permitless carry is not a blanket protection. Dozens of prohibited locations still exist. Prior convictions — including misdemeanors — can disqualify you entirely. And federal law imposes lifetime restrictions that Texas state law cannot override.

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Texas weapons charges are governed primarily by Chapter 46 of the Texas Penal Code, which covers unlawful carrying of weapons, prohibited places, illegal weapons, and firearm restrictions for people with prior convictions. Violations range from a Class A misdemeanor to a first-degree felony depending on the weapon, the location, and your criminal history.

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Many weapons charges in Harris County stem from traffic stops and searches — situations where the legality of the stop itself, or the officer’s authority to search your vehicle, is genuinely in question. A skilled defense attorney doesn’t just look at whether you had the weapon — they look at how it was found, and whether the evidence can be suppressed.

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HB 1927 · Effective September 2021

What Texas's Permitless Carry Law Actually Allows — and Doesn't

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Since September 1, 2021, most Texans 21 or older who are not otherwise prohibited from possessing a firearm may carry a handgun in public without a License to Carry. But this freedom has hard limits that cause many otherwise legal carriers to face criminal charges:

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Additionally, permitless carry does not apply at all if you are under 21, have any felony conviction, have certain misdemeanor convictions (including family violence), are subject to a protective order, are chemically dependent, or are otherwise prohibited under state or federal law.

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Trespass by License Holder · §30.06 & §30.07: The 30.06 and 30.07 Signs — What They Mean and Why They Matter

Texas businesses can legally prohibit concealed carry, open carry, or both on their premises using specific statutory signage. Ignoring these signs — even with a valid LTC or under permitless carry — is a criminal offense.

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A common defense in 30.06/30.07 cases is that the sign did not meet statutory requirements — the wrong font size, missing Spanish translation, improper placement, or language that does not conform to the exact statutory text. A non-compliant sign has no legal force, and carrying past it is not a criminal offense.

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Texas Penal Code Chapter 46 · Federal Law: Texas Weapons Charges — Full Classification

Texas weapons and firearms charges span a wide range of severity. Here is every major charge category you may be facing:

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Purple rows indicate federal charges. Federal prosecution can occur independently of or alongside state charges for the same conduct.

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§ 46.03 Texas Penal Code: Prohibited Carry Locations in Texas — Know Before You Go

Carrying a handgun — even legally under permitless carry or with an LTC — in any of the following locations is a criminal offense under Texas law. Most are 3rd degree felonies:

Schools & School Grounds

Any public or private school, including parking lots. 3rd degree felony.

Courts & Court Offices

Any state, federal, or municipal court; any court proceeding anywhere. 3rd degree felony.

Polling Places

During any election day or early voting period. 3rd degree felony.

Hospitals & Nursing Facilities

Any hospital or nursing home. Class A misdemeanor elevated by circumstances.

Places of Worship

Without effective consent of the governing body. Class A misdemeanor.

Amusement Parks

With proper 30.06/30.07 signage. Class A misdemeanor.

Correctional Facilities

Any state jail, prison, or detention center. 3rd degree felony.

Secured Airport Areas

Post-security checkpoint areas. Also a federal TSA violation.

51% Establishments (Bars)

Licensed premises deriving 51%+ revenue from alcohol sales. Class A misdemeanor.

School Buses

Any vehicle used primarily for school transport. 3rd degree felony.

Private Business (30.06/30.07)

Any business with valid statutory signage prohibiting carry. Class A misdemeanor or 3rd degree felony (LTC holders after notice).

Federal Buildings & Property

All federal property is governed by federal law regardless of Texas permitless carry rules. Separate federal offense.

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What to Expect: How a Harris County Weapons Case Moves Through Court

01 Arrest & the Search That Preceded It

Most UCW and firearm charges in Harris County arise from a traffic stop or a Terry stop (brief investigative detention). The legality of that stop — and any subsequent search of your person, vehicle, or belongings — is the first and often most important question your attorney will examine. An unlawful stop or search can render the weapon evidence inadmissible entirely.

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⚠ Most Valuable Defense Window

02 Booking & Bond

After arrest, you are booked into the Harris County Jail and a bond is set at magistration. Weapons charges at the felony level — especially felon in possession — can result in higher bonds or no-bond holds. An attorney can appear at magistration to argue for a reasonable bond.

03 Arraignment & Case Assignment

Misdemeanor weapons charges are heard in the Harris County Criminal Courts at Law. Felony charges go to the Harris County District Courts. Your attorney enters a plea, begins receiving discovery, and assesses the strength of the State’s case based on the police report, body camera footage, and inventory records for the weapon.

04 Discovery & Evidence Review

Your attorney requests all evidence: dashcam and body camera footage from the stop, the officer’s testimony as to why the stop was initiated, consent-to-search documentation (or lack thereof), and the chain of custody for the weapon. In many cases, the footage tells a different story than the police report — or shows no valid basis for the stop at all.

05 Motion to Suppress

If the stop lacked reasonable suspicion, the search lacked consent or a valid exception, or the warrant was defective, your attorney files a Motion to Suppress Evidence. A successful suppression motion means the weapon cannot be used as evidence — and most weapons charges cannot survive without it. Suppression hearings are some of the most powerful tools in a Texas weapons defense.
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🔑 Case-Deciding Motion

06 Plea Negotiations or Trial

If suppression does not resolve the case, your attorney negotiates with the Harris County DA. Depending on your history, the location, and the specific charge, outcomes may include deferred adjudication, a reduced charge, or dismissal. If no acceptable offer is made, the case goes to trial — where the State must prove every element beyond a reasonable doubt, including that the location was legally prohibited and that your possession was unlawful.

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Defense Strategies: How Texas Weapons Charges Are Defended

Unlawful Traffic Stop (4th Amendment)

An officer must have reasonable articulable suspicion to stop your vehicle. If no valid reason existed — or the stated reason is contradicted by the dash cam — everything discovered during that stop, including the firearm, may be suppressed as fruit of the poisonous tree.

Unlawful Search — No Consent, No Exception

Even after a valid stop, police generally need a warrant, consent, or a recognized exception (plain view, search incident to arrest, automobile exception) to search your vehicle. Coerced or improperly documented consent is challengeable. Improperly applied exceptions can void the search.

Lawful Carry — Eligible Person, Legal Location

If you are legally eligible to carry under Texas’s permitless carry law or hold a valid LTC, and you were not in a prohibited location, the charge may be legally defective on its face. Your attorney verifies every element the State must prove and challenges any that are unsupported.

Non-Compliant 30.06 / 30.07 Signage

Texas law requires extremely specific statutory language, minimum font size, and bilingual posting for carry prohibition signs to be legally valid. A sign that fails to meet these requirements has no legal force — making carry past it not a criminal offense.

Lack of Knowledge or Possession

Possession in Texas requires knowledge that the weapon is present. If a weapon was in a shared vehicle and you were unaware of it, or the weapon belonged to someone else and you had no knowledge of its presence, the State cannot prove the possession element beyond a reasonable doubt.

Traveling Exception

Texas law has long recognized that a person is presumed to be “traveling” — and therefore lawfully carrying — when in a private motor vehicle and not engaged in criminal activity. This common-law protection, codified in § 46.15, has saved many defendants from UCW convictions in vehicle cases.

No Criminal Activity at Time of Carry

UCW while committing a crime requires proof that you were actively engaged in criminal conduct at the time of possession. If the predicate criminal activity is not proven — or is itself subject to challenge — the enhanced UCW charge may fall with it.

Prior Conviction Challenge

For felon-in-possession charges, the State must prove the prior conviction was valid and that you knew you were prohibited from possessing a firearm. Prior convictions obtained without valid waiver of rights, or since set aside, may be challengeable as the predicate for the current charge.

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Restoring Your Rights: Firearms Rights After a Conviction — Can They Be Restored?

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One of the first questions people ask after a weapons-related conviction — or any conviction — is whether they can ever legally own a firearm again. The answer depends heavily on the type of conviction, the jurisdiction, and the time elapsed.

Under Texas Law (§ 46.04)

A person convicted of a Texas felony is prohibited from possessing a firearm for five years after release from confinement, parole, or community supervision — whichever is later. After five years, Texas law permits possession only at the person’s own residence. This is a narrower right than most people realize — it does not restore the ability to carry in public or purchase a firearm.

Under Federal Law (18 U.S.C. § 922(g))

Federal law imposes a lifetime prohibition on firearm possession for anyone convicted of a felony — with no home exception and no automatic restoration after five years. Federal law controls, and federal prosecution for felon-in-possession is possible even when Texas law would technically permit possession at home. A federal pardon or expungement under federal law (rare) is the only way to fully restore federal firearms rights.

Expunction and Non-Disclosure

If your weapons charge was dismissed or you were acquitted, you may be eligible for a Texas expunction, which fully removes the arrest and charge from your record. This can restore your ability to legally purchase and possess firearms — though federal background check databases update on their own timeline. If you received deferred adjudication and completed community supervision, a non-disclosure order seals your record from public view and may assist with firearms purchases through licensed dealers, though federal law still governs.

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An attorney should review your specific conviction history before you make any decisions about firearm possession. The intersection of Texas state law and federal firearms law is genuinely complex, and mistakes — even good-faith mistakes — carry serious consequences.