Houston Weapons Charge Defense
Texas allows many adults to carry a handgun without a license, but weapons arrests are still common in Houston, and a conviction can cost you your gun rights and job opportunities, so talking with a weapons charge lawyer in Houston early matters. Many of these cases turn on how police found the weapon. Leslie LeGrand has 24 years as a lawyer, is Board Certified in Criminal Law by the Texas Board of Legal Specialization, and is a former Harris County prosecutor. He reviews every stop, search, and statement in your case.
Free ConsultationFormer Harris County prosecutor · 24 years in Texas criminal law
Common Texas Weapons Charges
Unlawful carrying (UCW)
Unlawful carrying of a weapon applies when someone carries a handgun while not eligible to do so, for example while under 21, while prohibited from possessing a firearm, or while engaged in criminal activity other than a Class C traffic or boating offense. It is usually a Class A misdemeanor, but it can be a felony in some places, such as on premises licensed to sell alcohol.
Felon in possession
While Texas state law allows a person with a felony conviction to possess a firearm inside their own residence 5 years after completing their sentence (prison, parole, or probation, whichever is later), federal law (18 U.S.C. § 922(g)) permanently bans convicted felons from possessing a firearm anywhere and overrides state law.
Prohibited places and weapons
Some locations remain off-limits even with a license, such as schools, polling places, courts, and secured airport areas. Texas law also bans certain weapons and devices.
Permitless Carry Doesn’t Cover Everyone
Since September 2021, most adults 21 and older who are not otherwise prohibited can carry a handgun without a license. But it does not apply to people with certain criminal histories, people subject to protective orders, people carrying while intoxicated, or people who are engaged in other criminal activity. Many arrests happen because a person did not know they fell into one of these groups.
Search, Seizure, and Possession Issues
Weapons cases often start with a traffic stop or a search. Leslie examines whether police had a lawful reason to stop you, whether a search was valid, and whether the State can prove the gun was actually yours. When a weapon is found in a shared car or home, proving knowing possession can be difficult. Weapons charges also come up alongside drug charges and assault or family violence cases.
Consequences for Gun Rights and Jobs
A conviction can affect your right to own firearms, your ability to obtain a license to carry, and your employment, especially in security, law enforcement, or jobs requiring a license. A family violence conviction carries a federal firearms ban. Some outcomes, such as deferred adjudication for certain charges, may later qualify for an order of nondisclosure.
Leslie’s 24 Years of Defense Perspective
With 24 years as a lawyer, board certification in criminal law, and time as a Harris County prosecutor, Leslie knows how weapons cases are charged and where they are vulnerable. He handles your case personally and gives you a clear view of your options. See our criminal defense overview for other charges we handle.
What to Expect After a Weapons Arrest
Most weapons cases in Harris County follow a predictable path, though each case is different:
- Arrest and bond. After booking, a magistrate sets bond. Courts commonly order you not to possess firearms while the case is pending.
- Charging. Misdemeanor cases go to a county criminal court at law. Felony cases go to a district court and generally require a grand jury indictment.
- Evidence review. Leslie obtains the offense report, body-camera and dash-camera video, and any lab or firearm trace results, and looks closely at how the weapon was found.
- Motions and negotiation. If the stop or search was unlawful, Leslie may file a motion to suppress. He also discusses options with the prosecutor, which in some cases may include pretrial diversion, dismissal, or deferred adjudication.
- Resolution or trial. If the case is not resolved, it is set for trial, where the State must prove every element beyond a reasonable doubt.
Seized firearms are not returned automatically. Getting a gun back usually requires a court order or release once the case ends.
Frequently Asked Questions
Is carrying without a license legal in Texas?
For most adults 21 and older who are not prohibited from possessing a firearm, yes. Restrictions on people, places, and conduct still apply.
Can I carry in my car after a DWI arrest?
Carrying while intoxicated is not covered by permitless carry, and pending charges or bond conditions can add limits. Ask Leslie about your specific situation.
What makes a weapons charge a felony?
Felony charges include felon in possession, carrying on alcohol-licensed premises, and certain prohibited-place or prohibited-weapon offenses, among others.
Will I lose my gun rights?
Yes, a felony conviction or a family violence conviction can cost you your firearm rights under state and federal law. While Texas state law allows a person with a felony conviction to possess a firearm inside their own residence 5 years after completing their sentence (prison, parole, or probation), federal law (18 U.S.C. § 922(g)) permanently bans convicted felons from possessing a firearm anywhere and overrides state law. Many other misdemeanor outcomes do not bar firearm possession, though they can affect a license to carry.
Can a UCW be dismissed or sealed?
Some UCW cases are dismissed because of search or eligibility problems. Others may qualify for nondisclosure after deferred adjudication, sometimes with a waiting period. If you are already on probation, a new weapons arrest can also lead to a probation violation motion.
Will police return my gun?
Possibly, depending on how the case ends and whether you can legally possess it. There is a legal process for asking for the firearm back after the case is resolved.
What is the penalty for a Class A UCW?
A Class A misdemeanor carries up to one year in county jail and a fine of up to $4,000. Many first-time cases have options short of a conviction.
Discuss Your Case With a Weapons Charge Lawyer in Houston
Find out where your case stands before you make any decisions. Call Leslie LeGrand Law, PLLC at 713-333-8997 for a free, confidential consultation, or send us a message. Our office is at 5300 Memorial Dr., Ste. 750, Houston, TX 77007. You can also read more about Leslie.
Courts we handle: Harris County · Fort Bend County · Montgomery County · All counties we serve
This page is general information, not legal advice. Every case is different, and past results do not guarantee a similar outcome.
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