Since Texas passed constitutional carry in 2021, most adults 21 and older can carry a handgun without a license. But weapon charges are still one of the more common cases I handle in Plano and Collin County — because constitutional carry has limits that a lot of people don’t realize. Your age, your criminal history, where you’re standing, whether the gun is in a holster: any one of those factors can turn a legal carry situation into a Class A misdemeanor or, in some cases, a second-degree felony with a mandatory five-year prison sentence.
I’ve been handling weapons cases throughout Collin County since 2013. The questions I get most often start with “I thought I could carry” — and sometimes that’s right, and the charge shouldn’t stick. Sometimes there’s real exposure we need to address. The only way to know is to look at the specific facts.
Weapon Charge Levels in Texas
Standard UCW
The baseline charge for most unlawful carrying violations under §46.02. Applies when you’re under 21, have a disqualifying prior conviction within five years, have a handgun in plain view in your vehicle without a holster, display a handgun in public without a holster, or carry while intoxicated. Up to 1 year in county jail and a $4,000 fine.
Prohibited Places & Prohibited Weapons
Carrying into a §46.03 prohibited location — schools, courthouses, hospitals, bars deriving 51%+ of income from alcohol, secured airport areas, amusement parks, sporting events, correctional facilities, or governmental meetings — is generally a third-degree felony. Possessing most prohibited weapons (machine guns, explosive weapons, IEDs, armor-piercing ammo) under §46.05 also falls here. 2 to 10 years in prison, up to $10,000 fine.
Prohibited Possession by a Felon
Under §46.04(a), a person convicted of a felony cannot possess a firearm within five years of release from confinement or supervision — anywhere, including their own home. After five years, possession is limited to their own premises only. Violating either restriction is a third-degree felony. 2 to 10 years in prison, up to $10,000 fine.
Felon Carrying Within 5 Years of Release
If a felon carries a handgun while still within the five-year prohibition window under §46.04(a), the charge escalates to a second-degree felony under §46.02(a-7)(1) — with a mandatory minimum of five years in prison. The judge cannot sentence below that floor. 5 to 20 years in prison, up to $10,000 fine.
What Constitutional Carry Changed — and What It Didn’t
House Bill 1927, which took effect September 1, 2021, eliminated the license-to-carry requirement for most Texas adults. If you’re 21 or older and not otherwise prohibited from possessing a firearm, you can generally carry a handgun — concealed or in a holster — without a permit. But the law still catches people in these situations:
- Under 21 — constitutional carry doesn’t apply. Carrying a handgun under 21 (outside your own property or vehicle) is a Class A misdemeanor.
- Prior conviction for Assault (Class A), Deadly Conduct, Terroristic Threat, or Disorderly Conduct within the past five years — that conviction disqualifies you from constitutional carry for five years from the date of offense.
- Prohibited possessor — felony conviction, certain family violence convictions, or subject to an active protective order. More on this below.
- Carrying while intoxicated — a separate offense under §46.02(a-6) regardless of your otherwise legal carry status.
- Handgun visible without a holster — displaying a handgun in plain view in a public place is an offense unless it’s in a holster.
- In a legally prohibited location — constitutional carry doesn’t override the list of places where carrying is illegal, even for licensed carriers.
On or about your person, or in a vehicle or watercraft you control. Most UCW charges involve carrying. The law governs where, how, and by whom a handgun can be carried.
Broader than carrying. For prohibited possessors — felons, certain family violence convicts, protective order subjects — this applies anywhere, including their own home. Within five years of a felony release, having a firearm anywhere in your presence can be a felony.
Prohibited Places — Where You Can’t Carry Even If You’re Otherwise Legal
This is where a lot of people get caught. Constitutional carry and a license to carry don’t override the locations where weapons are prohibited under §46.03. If you’re carrying legally in every other respect but walk into one of these places, you’re still committing a felony.
- Schools and school grounds (public or private, K-12 and postsecondary)
- Polling places on election day or during early voting
- Government courts and court offices
- Racetracks
- Secured areas of airports
- Businesses with an alcohol permit that derive 51% or more of their income from on-premises alcohol sales
- Premises where high school, collegiate, or professional sporting events are taking place
- Correctional and civil commitment facilities
- Hospitals and nursing facilities (without written authorization)
- Mental health facilities (without written authorization)
- Amusement parks (as defined by statute)
- Rooms where open governmental meetings are being held (with required notice)
The 30.06 / 30.07 Sign
Private property owners and businesses can also prohibit carry by posting a sign that meets the specific requirements of §30.06 (concealed carry prohibited) or §30.07 (open carry prohibited). Carrying past a properly posted sign — or continuing to carry after receiving personal verbal or written notice — is a separate offense. Under §46.15(m), there’s a defense if you received notice and immediately left. If you stayed, that defense is gone.
School Zone Enhancement
Under §46.11, any weapons offense committed within 300 feet of a school is automatically bumped to the next higher charge category. A Class A misdemeanor becomes a third-degree felony. A third-degree becomes a second-degree. The enhancement applies if you knew — or should have known — you were within that zone.
When You’re Prohibited From Possessing a Firearm at All
Constitutional carry doesn’t apply to everyone. Three categories of people are prohibited from possessing a firearm at all — not just from carrying in certain places.
Felony Conviction
If you’ve been convicted of a felony, §46.04 prohibits you from possessing any firearm for five years after your release from confinement — or your release from parole, probation, or mandatory supervision, whichever is later. During that window, the prohibition applies everywhere, including your own home. After five years, you can possess a firearm only at your own premises. Leave your property with it and you’ve committed a new offense.
Family Violence Conviction
A conviction for assault punishable as a Class A misdemeanor involving a family or household member triggers a five-year ban on firearm possession under §46.04(b). This is one of the consequences of a family violence conviction that most clients don’t see coming — and it’s a separate offense from the assault itself.
Active Protective Order
If you’re subject to an active protective order issued under Title 4 of the Family Code, you’re prohibited from possessing a firearm for the duration of that order. If the order is still in effect and you have a firearm anywhere, that’s a Class A misdemeanor under §46.04(c). If you’re also carrying that handgun away from your property, it escalates to a third-degree felony under §46.02(a-7)(2).
The Federal Layer
Federal law — 18 U.S.C. § 922(g) — also prohibits firearm possession by felons, persons convicted of domestic violence misdemeanors, and persons subject to certain protective orders. Federal charges are entirely separate from state charges and can stack on top of them. A state-level weapons charge that also triggers federal law means potential prosecution in two different court systems, with two different sentencing structures.
How I Defend Weapons Cases
Most weapons charges in Collin County start the same way: a traffic stop, a search, a police encounter. That’s also where most defenses begin.
Was the Stop or Search Constitutional?
The Fourth Amendment requires police to have reasonable suspicion to stop you and probable cause — or consent, or a recognized exception — to search. If neither existed, the weapon they found can be challenged through a motion to suppress. A successful suppression motion frequently leads to dismissal. It’s the first thing I look at in every weapons case I take.
Constructive Possession
Just because a weapon was in the car or in the room doesn’t automatically mean it was yours. The State has to prove you actually possessed it — that you knew it was there and exercised control over it. In cases involving multiple people or a shared vehicle, that’s a real element to contest.
Location Defenses
For prohibited places charges, I look at whether the location actually met the legal definition under §46.03. The statutory definition of “amusement park,” for example, has specific requirements that not every venue meets. For businesses relying on posted signs, I look at whether the sign was properly posted and whether notice was actually given in the way the statute requires.
Mental State
Unlawful carrying requires intentional, knowing, or reckless conduct. That’s an element the State has to prove — it doesn’t follow automatically from the presence of a weapon. If you walked into a prohibited area without knowing it was prohibited and received no notice, that’s worth examining carefully.
Frequently Asked Questions About Weapons Charges in Texas
Can I legally carry a gun in Texas without a license?
Generally yes, if you’re 21 or older and not a prohibited possessor. Texas constitutional carry (HB 1927, effective September 1, 2021) eliminated the license requirement for most adults. But that doesn’t mean carry is unrestricted — you still can’t carry if you’re under 21, have certain prior convictions within the past five years, are in a prohibited location, are intoxicated, or display the handgun without a holster. A license to carry (LTC) still has value for certain locations and federal facilities where constitutional carry doesn’t apply.
I’m a felon. Can I ever legally possess a firearm in Texas?
After five years from your release from confinement or supervision — whichever is later — Texas law allows you to possess a firearm only at your own home. You cannot take it in your vehicle or anywhere off your premises. Federal law has its own separate prohibition that doesn’t have the same five-year exception: under 18 U.S.C. § 922(g), a federal felony conviction generally prohibits firearm possession permanently. Whether you can legally possess a firearm depends on the nature of your conviction, when you were released, and whether you’re asking about state law, federal law, or both. I’ll give you a straight answer when we talk.
Does my license to carry protect me from a weapons charge?
In some situations, yes — an LTC is relevant to certain vehicle-carry provisions and can be a defense in specific contexts. But it does not protect you from charges for carrying in §46.03 prohibited locations (schools, courthouses, hospitals, 51%+ bars), and it doesn’t apply at all if you’re a prohibited possessor. An LTC is a factor that matters in some situations and not others — it’s not a blanket shield.
I accidentally walked into a place where guns aren’t allowed. Is there a defense?
Possibly. Under §46.15(m), it’s a defense if you: (1) were carrying in a prohibited location, (2) received personal notice that carry was prohibited, and (3) immediately left. The key word is immediately — staying after notice removes the defense. This defense also doesn’t apply if a proper 30.06 or 30.07 sign was posted at the entrance, because the sign itself counts as notice. The specific facts of how it played out matter a lot.
What counts as a “prohibited weapon” in Texas?
Under §46.05, prohibited weapons include explosive weapons (bombs, grenades, rockets), machine guns (capable of firing more than two shots automatically per trigger pull), armor-piercing handgun ammunition, chemical dispensing devices, zip guns, tire deflation devices, and improvised explosive devices. Short-barrel firearms and firearm silencers are no longer on the prohibited list — they’re legal if properly registered under the federal National Firearms Act. The list has changed several times in recent years, so what was illegal in 2018 may not be illegal now.
Police found a weapon during a traffic stop. What should I do?
Don’t answer questions about the weapon. You have the right to remain silent, and anything you say about who owns it, where it came from, or whether you knew it was there can and will be used against you. Be polite, hand over your license and registration, and then stop talking. Call me as soon as possible. The most valuable thing I can do in a weapons case is get involved before a client has talked themselves into a problem that didn’t have to exist. I handle weapons cases throughout Collin County and offer a free consultation — reach out and we can talk through your situation.
Serving All of Collin County
I defend clients throughout Collin County, including:
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