San Antonio Weapon Charges Lawyer

Texas Gun Carry Laws and Weapon Charges

The 2021 shift to permitless carry gets most of the attention, but the exceptions built into that framework are what actually end up in a courtroom.

• Permitless carry eligibility: The law only covers people 21 and older who are not otherwise barred from possessing a firearm under state or federal law. Adults 18 to 20 may carry only with a License to Carry, available following a 2022 federal court ruling. A single disqualifying factor removes the allowance entirely.
• Handguns versus long guns: Rifles and shotguns have long had far fewer carry restrictions than handguns and can generally be carried openly, though carrying one in a manner calculated to alarm can still lead to a disorderly conduct charge.
• License to Carry: A state-issued LTC is still available and still worth holding, since it provides reciprocity in other states and covers a few situations permitless carry does not reach.
• Vehicles and private property: You can typically carry a firearm in a private vehicle or on property you own or control, subject to the same disqualifying factors that apply anywhere else in the state.
• Disqualifying factors: A felony conviction, certain family violence convictions, an active protective order, or intoxication can each remove the permitless carry allowance and turn an otherwise lawful carry into a charge under Texas Penal Code Section 46.02.

Whether a specific carry counts as lawful almost always comes down to one of these details, which is why the facts surrounding the stop matter as much as the charge written on the paperwork.

Use of Force and Weapon Charges

Texas law allows a person to use a weapon in self-defense under specific circumstances, and a case that starts as a defensive act can still end in a weapon charge if the state disagrees with how far that response went.

• Reasonable belief standard: Force is only justified when a person reasonably believes it is immediately necessary to protect against unlawful force, and deadly force requires a reasonable belief that it is immediately necessary against deadly force or certain violent crimes.
• Display versus discharge: Under Penal Code Section 9.04, producing a weapon to create apprehension is treated as force, not deadly force, which is judged differently than firing it. The specific charge the state files often turns on which one actually happened.
• No duty to retreat: Texas law removes any obligation to retreat wherever you have a legal right to be, as long as you did not provoke the encounter and were not engaged in criminal activity.
• Deadly conduct exposure: A reckless display or discharge of a firearm, even without any intent to hurt someone, can bring its own separate charge apart from whatever self-defense claim exists.

In a self-defense case, the real question is whether the response was reasonable, not whether the weapon was legal to have.

Illegal and Prohibited Weapons Under Texas Law

Certain items cross the line into a prohibited weapons charge no matter who carries them or where, and the list of what actually qualifies has shifted more than once in recent legislative sessions.

• Machine guns and explosive weapons remain illegal to possess, manufacture, or sell under Texas Penal Code Section 46.05 unless the item is properly registered with the federal government. Armor-piercing ammunition, chemical dispensing devices, zip guns, tire deflation devices, and improvised explosive devices are also prohibited.
• Short-barreled firearms were removed from the Texas prohibited weapons list effective September 1, 2025, though federal registration under the National Firearms Act still applies (the federal tax on these items dropped to $0 on January 1, 2026).
• Silencers are no longer restricted under Texas law, but the federal registration requirement for a silencer has not changed.
• A prior felony conviction can bar someone from possessing any firearm at all under Texas Penal Code Section 46.04, regardless of whether that specific weapon would otherwise be legal for someone else to own.
• Weapon-free zones, including schools, courthouses, and polling places, apply even to license holders and items that are otherwise legal everywhere else in the state.

An item classified as prohibited at arrest is not always classified that way by the time a case goes to trial, so the first question in any prohibited-weapons case is whether the charge matches what the statute said on the date of the offense.

Texas Penalties for Weapon Charges

Weapon charges span the full range of the penalty scale, and where a case lands often hinges on small statutory details rather than how serious the incident felt at arrest. Our San Antonio weapon charges lawyer reviews every subsection before the state locks in a number.

Penalty Grades By Offense

Each grade carries its own jail or prison exposure, and the same incident can land in more than one grade depending on the exact subsection charged.

• Class A misdemeanor: Basic unlawful carrying and most family violence and protective-order possession violations carry up to one year in county jail and a fine of up to $4,000.
• State jail felony: Possession of a tire deflation device carries 180 days to two years in a state jail facility and a fine of up to $10,000.
• Third-degree felony: Carrying in a prohibited place, unlawful carrying on alcohol-licensed premises, felon in possession, and most prohibited weapons offenses carry two to ten years in prison and a fine of up to $10,000.
• Second-degree range: A third-degree weapon offense can be punished as a second-degree felony (two to 20 years) when the state proves an additional prior felony conviction.
• Federal exposure: Federal felon in possession charges carry up to fifteen years, and unregistered National Firearms Act items carry up to ten years, often on top of any Texas charge.

The exact subsection charged and the client's criminal history decide where a case actually lands on this scale.

Long-Term Consequences Of A Weapon Conviction

A conviction reaches beyond the sentence itself and can follow someone long after a case closes.

• Loss of the right to purchase, possess, or carry a firearm, in most cases permanently under federal law.
• Suspension or revocation of a Texas License to Carry.
• Immigration consequences for non-citizens, including possible deportation.
• A permanent record visible in background checks for housing and employment.

These consequences are why a weapon charge should be fought at every stage.