Weapons & Gun Charges

If you have been charged with a unlawful possession of a firearm or discharge of a firearm in Dallas, TX we are here to help.

Whether the allegations are misdemeanor weapons charges or felony illegal weapons crime, it is extremely important that you choose a defense attorney with extensive experience with Texas gun charges and Texas firearm laws.

Dallas based Criminal Defense Attorney Tim Clancy has the experience you need to fight and protect your rights and freedom. He has an extensive track record of case win involving firearm laws, which includes 100s of dismissals, reduced charges, and not-guilty verdicts throughout the Dallas Fort Worth criminal justice system.

To discuss your weapons possession or discharge charges, whether state or federal, with a seasoned criminal defense attorney, call Tim Clancy to schedule a confidential consultation at (214) 550-5771.

Types of Firearm and Weapon Charges in Texas

Texas has strict laws regulating firearm and weapon possession, use, and sale. Charges can range from misdemeanors to felonies, depending on the circumstances. Some of the most common firearm and weapon-related offenses include:

• Unlawful Possession of a Firearm – Possessing illegally, such as convicted felons, under protective orders, or individuals with certain domestic violence convictions.
• Discharge of a Firearm – Illegally firing a weapon, recklessly, prohibited area or if it endangers others.
• Use of a Weapon While Committing a Crime – Enhanced penalties for crimes like robbery, assault, or drug trafficking when a weapon is involved.
• Sale or Purchase of a Stolen Firearm – Buying or selling firearms reported stolen or obtained unlawfully.
• Unlawful Carrying of a Weapon (UCW) – Carrying a firearm without a license, or in locations like schools, government buildings, or airports.
• Possession of a Prohibited Weapon – Examples are sawed-off shotguns, explosives, silencers without proper authorization.
• Felon in Possession of a Firearm – a felon in possession of a gun before their rights are legally restored.
• Firearm Trafficking – Illegally transporting or selling firearms, while across state or national borders.
• Aggravated Assault with a Deadly Weapon – Using a firearm / weapon to threaten or cause serious bodily harm.
• Unlawful Transfer of a Firearm – Selling or giving a firearm to an ineligible person, like a minor, intoxicated individual, or felon.

Why You Can Trust Tim Clancy To Defend You

If you have been charged with a crime involving weapons, including possession of an illegal firearm, or if you are being investigated for a misdemeanor or felony charge, it is important to seek counsel from an experienced Dallas criminal defense attorney as soon as possible.

We have spent our careers fighting for people facing serious felony and misdemeanor crimes, and take every case very seriously.

Weapons Vs. Firearms Charges in Texas

Although most people think that weapons charges can only apply to firearms, a myriad of weapons are outlawed in Texas and being caught with them can land you in jail facing misdemeanor or felony weapons charges.

Which Weapons are Illegal in Texas?

Illegal weapons in Texas include brass knuckles, zip guns (homemade hand guns), switch blades, explosives, bombs, rockets, sawed off shot guns with barrels less than 18 inches long, modified rifles with barrels less than 16 inches long, fully automatic machine guns, rifles or shot guns that are shortened to less than 26 inches long, gun silencers, chemical dispensing devices (used with chemical weapons or gases) and armor-piercing ammunition or bullets. While it is illegal simply to possess these types of weapons in Texas, discharging or using them against someone will land you in jail with additional charges against you.

If you are caught illegally carrying a weapon, you could be facing class C misdemeanor charges. However, if you commit the crime at a school, place that sells alcohol, a polling site on election day, a courthouse or courtroom, or a race track; you could be facing a third degree felony instead.

Open Carry Firearm Laws In Texas

Yes, It is legal to openly carry in Texas. It is a consitutional right, and Texas loves protecting its rights of citizens. Here are the specifics you need to know.

You can carry a long gun such as a rifle or shotgun in Texas while driving or transporting your vehicle, and at your home or a property you control (such as your business), but you cannot carrying the weapon in a church, amusement park, sporting event, or government meeting.

All of this applies to those with Concealed Handgun Licenses (CHL). Also, if you are carrying a weapon while transporting or driving your car, it must be hidden from plain sight while you are driving.

Illegal Discharge of a Firearm in Dallas & DFW area

There are many restrictions on possessing, selling, or transporting weapons in Texas. However, the laws for publicly discharging a firearm are very strict, and can result in serious criminal charges. Firing a gun in public is illegal in the state of Texas, which will result in a disorderly conduct charge.

• This charge is classified as a Class B misdemeanor if you’re out in the country.
• The charges are enhanced to a class A misdemeanor if you’re in the Dallas city limits, or any other city with a population greater than 100,000,

Carrying a Firearm While Committing Another Violent Crime

If carrying a firearm while committing another violent crime in Texas, the charges can be enhanced to “aggravated”. In some case, you can lose the privilege of parole or probation and be subject to a mandatory term of confinement.

• Aggravated robbery, aggravated assault, and aggravated sexual assault charges are all first degree felony charges with a possible sentence of life in prison.
• The firearm does not need to have been discharged when the violent crime was committed for the charges to be enhanced to a first degree felony.

Texas takes these charges seriously. If you have been charged with illegal possession of a firearm, discharge of a firearm, selling a firearm, transporting guns to a felon or minor, you need an experienced and skilled firearm defense lawyer who knows how to fight these charges. A skilled defense attorney will puts the odds in your favor. Often, they can see your charges reduced or dismissed all together.

For additional information about weapon, gun & firearm laws in Texas, or to discuss your charges in confidence with an experienced defense attorney, schedule a confidential consultation by calling us at (214) 550-5771.

Domestic Violence Charge Involving A Firearm

Anyone convicted of domestic assault charges or family violence charges (whether felony or misdemeanor) are prohibited from carrying a firearm for 5 years after their release from prison.

Some family violence convictions or protective orders for domestic violence can permanently prohibit your right to bear arms and own a gun, rifle or any kind of firearm in Texas.

Weapon And Firearm Charges Penalties in Texas

Weapons Offenses in Texas range from misdemeanors to felonies. Penalties can be severe if you are convicted. Below is an outline.

Unlawful carrying of a weapon

• Class A misdemeanor
  • Up To f 1 year in jail and up  to $4,000 in fines
• Third-degree felony (If charged where alcohol is sold or has a liquor license)
  • 2 to 10 years in prison and up to $10,000 in fines

Concealed Handgun Violations

• Third-degree felony
• Maximum of 10 years in prison and up to $10,000 in fines

Convicted Felon possessing a firearm

• Third-degree felony
• Maximum of 10 years in prison and up to $10,000 in fines

Illegal Sale Of a weapon

• Class A misdemeanor
  • Up to 1 year in jail Up to $4,000 in fines
• State jail felony(selling to a minor)
  • 180 days to two years in state jail and up to $10,000 in fines

Carrying a concealed gun or firearm at airport or public place

• Class A misdemeanor
  • Maximum of one year in jail
  • Up to $4,000 in fines
• Third-degree felony
  • Maximum of 10 years in prison
  • Up to $10,000 in fines

Unlawful brandishing or discharging a weapon

• Class A misdemeanor
  • Maximum of one year in jail
  • Up to $4,000 in fines
• Third-degree felony
  • Maximum of 10 years in prison
  • Up to $10,000 in fines

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