Gun & Firearm Charges in Dallas, TX
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Texas allows for open and concealed carry in many circumstances, but violating state or federal gun laws can result in serious penalties. If you’re accused of a gun crime, speak to a a defense lawyer with experience in Texas weapons cases.
Unlawful Carrying of a Firearm in Texas
In Texas, you can be charged if you “intentionally, knowingly, or recklessly” carry a handgun while:
- You’re younger than 21
- You’ve been convicted of an offense that prohibits you from having a weapon, either temporarily or permanently
- Display the firearm in plain view while in public (unless the gun is holstered)
- You carry a firearm into a restricted area
- Are intoxicated while you hold the gun.
Federal Gun Charges & Enhanced Penalties
Many firearm offenses escalate to federal charges, especially if they involve:
- Felon in possession of a firearm under 18 U.S.C. § 922(g)
- Firearm trafficking or straw purchases
- Use of a firearm in a federal drug crime or violent offense
- Possession of an illegal firearm (e.g., sawed-off shotguns, fully automatic weapons)
- Firearms at airports or across state lines without proper permits
Federal gun charges often carry mandatory minimum sentences, meaning judges have little discretion to reduce penalties if convicted. A skilled firearm defense lawyer can help navigate these cases and fight for a favorable outcome.
Criminal Possession of a Firearm
It’s illegal for anyone released from felony incarceration to possess a firearm within five years of the end of their sentence. That means anyone released from prison, community supervision, or parole cannot own a firearm for five years. After five years, they can carry a weapon in their home, in their vehicle, and while directly in route to their vehicle. They cannot have a gun in public.
Additionally, anyone who is subject to a restraining order or was convicted of domestic violence cannot own a firearm.
Gun Crime Penalties in Texas
The punishment for firearm offenses depends on the specific charge and circumstances:
- Unlawful Carry of a Weapon (First Offense) – Class A Misdemeanor. You face up to 1 year in jail & fines up to $4,000
- Unlawful Possession by a Felon – Third-Degree Felony. You could spend up to 2 to 10 years in prison & fines up to $10,000.
- Possession While Committing Another Crime – Can be a Third-Degree Felony or Higher. You could face enhanced penalties if used in another offense (e.g., robbery, drug crime)
- Federal Gun Charges – Can result in 5 to 20 years or more in prison, depending on the case.
If you are convicted of a gun-related crime in Texas, your rights to own guns could be restricted, you could face probation or parole limitations, or you could have challenges securing employment, housing, and security.
Possible Defenses for Firearm Charges in Texas
You are innocent until you are proven guilty in a court of law. That means you have every right to work with one of our skilled gun crimes attorneys to develop a strategy to get any charges dropped or reduced. Common defenses against gun charges include:
You Followed Legal Firearm Possession & Carry Laws
If you were legally allowed to carry the firearm, we can challenge the charges by proving:
- You had the proper permit or were in compliance with Texas open carry laws.
- The firearm was transported legally in your home or vehicle.
You Lacked Knowledge or Possession of the Gun
Gun charges often require knowing possession. You may have a defense if:
- The firearm was found in a vehicle or home you didn’t own.
- You had no knowledge that the gun was present.
Police Found the Gun Through an Illegal Search
If police found a firearm through an unlawful stop, search, or seizure, we can file a motion to suppress evidence, which may lead to dismissal.
You Were Acting in Self-Defense
Texas allows firearm use in self-defense under its Castle Doctrine and Stand Your Ground laws. However, proving self-defense in a firearm case requires showing:
- You reasonably feared for your life or the life of another.
- You used appropriate force under the circumstances.
- You were not the aggressor.
Self-defense arguments are complex, and prosecutors often challenge them aggressively. Having an experienced Dallas gun crime attorney can make all the difference.
Accused of Gun Crimes in Dallas? Call Mike Howard
Texans can openly carry handguns in public, provided they are in holsters, without needing a “license to carry.” However, according to the Dallas Police Department, there have been more than 700 weapon law violations in the city this year alone.
You could be fined, jailed, or put on probation if you’re accused of wrongfully or criminally possessing a weapon. You may lose the right to own a weapon. Attorney Mike Howard can explain the nuances of Texas’ gun laws and help you defend your rights.
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Get a Dallas Gun Crime Lawyer To Fight For You
If you’ve been accused of illegally possessing a firearm in Dallas, you must show you had a right to carry the gun or that you weren’t breaking the law. Attorney Mike Howard can help you prepare a defense to show you didn’t violate Texas law. He’s helped countless clients beat criminal charges and is ready to start on your case.
A firearm charge lawyer can guide you through the legal process, ensuring you receive equitable treatment. They’ll look through the circumstances around your arrest and look for flaws in the prosecution’s case.
Our criminal defense attorneys in Dallas can help you pursue alternatives like charge reductions or dismissals. This could spare you from time behind bars, fines, losing the ability to own a firearm and a life-altering conviction.
See Our Gun Charge Results
- Unlawful Possession of a Firearm by a Felon – Dismissed
- Aggravated Assault Deadly Weapon — Dismissed
Please visit our criminal defense resource center for more information about your rights and the legal process regarding weapons-related charges, firearm restrictions, and more.
Gun & Firearm Charges FAQs
Are There Differences Between Gun Charges & Other Weapon-Related Charges?
Gun charges differ from general weapons offenses, as they:
- Often carry federal consequences beyond state penalties.
- Can lead to permanent loss of firearm rights.
- Are prosecuted more aggressively, especially in cases involving felons, drug crimes, or domestic violence.
- Require knowledge of both Texas and federal gun laws for an effective defense.
Attorney Mike Howard has successfully defended firearm cases at both state and federal levels. His team understands the complexities of gun laws, firearm rights, and the strategies needed to challenge these charges.
Where is Carrying Firearms Prohibited in Texas?
Texas law prohibits carrying firearms in specific locations. You cannot carry a gun into schools, polling places on election days, courtrooms, government buildings, correctional facilities, or hospitals. You cannot have a firearm in bars or establishments that derive 51% or more of their income from alcohol sales. Private property owners can restrict firearms on their premises.
Do I Need a License to Carry My Handgun?
In 2021, Texas passed a law that allows most Texans who legally own a firearm to carry it openly without a permit or training. Texans were already permitted to carry rifles without a license.
Can I Get a First-Time Gun Charge Dismissed?
It depends on the circumstances. You may be able to get charges dropped or reduced if you don’t have a criminal history, depending on the facts of your case. However, if you were brandishing the weapon or illegally owning it after a felony, you may face felony charges. You can discuss defense strategies with your attorney.
Will Charges Be Dismissed if I Used a Gun in Self-Defense?
Self-defense is a tricky argument in gun cases. You could face criminal charges if you were using a firearm when you shouldn’t have it, even if you feared for your life. Self-defense laws can vary by jurisdiction. In many situations, using a gun for self-defense should be a “last resort” to be an effective argument. Discuss using self-defense as an argument against gun crime charges with your attorney.
Can I Get an Expungement for a Firearm and Gun Charge in Dallas, Texas?
Whether you can get an expungement for a firearm or gun charge in Dallas, Texas depends on several factors. Texas law generally allows for expungement in limited situations, such as if you were arrested but not charged, the charges were dismissed, or you were acquitted at trial. However, if you were convicted of a firearm or gun-related offense, expungement is usually not an option.
That said, there are still potential legal avenues for relief. Depending on the circumstances of your case, you may be eligible for a nondisclosure order, which can seal your records from public view. This won’t fully erase the charges, but it can limit their impact on employment, housing, and other areas of your life.
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We can help you get your life back.
When you’re ready to take the next steps, attorney Mike Howard is here to discuss your situation and design a plan to deal with Dallas firearm charges. Trust our experience, empathy, and ability to help put charges behind you.
Get Your 30 Minute Case Evaluation
214-296-2221
Located in the Element Towers West Building at 3010 LBJ Freeway, Dallas, Texas, attorney Mike Howard handles criminal cases across Dallas, Collin, Denton, and Tarrant Counties at the state level and in the Northern and Eastern Districts at the federal level.
“Mike is one of the smartest and most focused lawyers I know. He also brings authenticity and creativity to his work. I recommended his services with confidence.”
Christian Souza, Criminal Appeals Lawyer
