Texas is well known for its strong gun culture and the relative accessibility of firearm ownership. You might conflate this accessibility with leniency when it comes to Texas gun laws, but make no mistake: violating the state’s gun laws can land you in serious legal trouble, even if you’re facing your first gun charge. Whether the issue involves illegal firearm possession, carrying a weapon in a restricted area, or being a felon found with a firearm, the consequences can be severe.
If you or a loved one is facing first time gun charges in Texas, it’s important to understand what’s at stake and what can be done to protect your rights. At Guzman Law Firm, we defend individuals accused of gun crimes. Call us at (956) 516-7198 or schedule an appointment online for a professional review of your case and a solid legal defense.
What is the charge for an unlicensed gun in Texas?
Texas does not require a license to carry a handgun either openly or concealed, thanks to permitless carry laws (commonly referred to as “constitutional carry“) that took effect in September 2021. However, that doesn’t mean you can carry a gun without restriction.
However, while you do not need a license to carry a gun in Texas, you can still be charged with a crime for “unlawful carrying of a weapon” (UCW), aka unlawful possession of a firearm, in Texas under the following criteria:
- You’re under 21 (with some exceptions for military members).
- You have a prior felony conviction.
- You’re currently subject to a protective order.
- You’re carrying in a prohibited place (like a school, polling place, or bar).
- You’re carrying while intoxicated.
Can you go to jail for carrying a gun in Texas?
Absolutely. While many people assume that gun-friendly Texas offers blanket protection for firearm possession, there are multiple ways you could still end up behind bars. Here are some scenarios where legal gun possession becomes illegal:
- Bringing a firearm into a school or courthouse (even with no criminal intent)
- Carrying while intoxicated, such as in a bar or while driving under the influence
- Failing to disclose your weapon to a police officer during a traffic stop
- Possessing a firearm as a prohibited person, such as a felon or someone with a domestic violence conviction (more on that later)
Even first-time offenders can be arrested and detained before trial, depending on the nature of the violation. Don’t assume that because it’s your first offense, you’ll automatically get a warning or a ticket; you could easily face jail time.
What is the penalty for a felon with a firearm in Texas?
If you’ve previously been convicted of a felony in Texas, your rights to own or possess a firearm are heavily restricted. Federal and state laws both bar felons from owning guns, with very limited exceptions.
In Texas, it’s a felony of the third degree for a convicted felon to possess a firearm within five years of release from confinement or supervision. After five years, you may legally keep a firearm only inside your home. Violation of this rule can lead to:
- 2 to 10 years in prison
- Up to $10,000 in fines
This is not something Texas courts take lightly. Even a non-violent felony on your record can result in major prison time if you’re caught with a gun, especially if law enforcement believes you stole the firearm or intended to use it illegally.
How much time do you get for a gun charge (first-time offender) in Texas?
If this is your first time facing a gun charge, the penalty depends on several factors, including the type of charge, the circumstances, and whether anyone was harmed.
Let’s break it down:
| Class A Misdemeanor(Unlawful Carrying of a Weapon) | Up to 1 year in county jailUp to a $4,000 fine |
| Third-Degree Felony(Felon in Possession, Carrying in Prohibited Area) | 2 to 10 years in prisonUp to $10,000 fine |
| Second-Degree or First-Degree Felony(If weapon used in the commission of another crime) | 2 to 20 years or more, depending on the chargeFines vary based on aggravating factors |
While first-time offenders sometimes qualify for probation or deferred adjudication, those options depend heavily on how the prosecution frames the case, as well as the defense strategy your attorney uses.
First time gun charges in Texas — FAQ
Can you keep a gun in your glove box in Texas?
Yes, in most cases, Texas law allows individuals to keep a firearm in their glove box without a license, thanks to the state’s permitless carry laws. However, you must not be engaged in criminal activity, must be legally allowed to possess a firearm, and the weapon should be concealed unless you are 21 or older.
Always make sure the firearm is stored safely and is not accessible to minors or prohibited individuals.
Do I have to tell a cop I have a gun in my car in Texas?
While Texas law does not require you to voluntarily disclose that you have a firearm in your vehicle during a traffic stop, it is generally recommended to do so in a calm and respectful manner. If the officer asks directly, you are required to answer truthfully.
Informing the officer can help prevent misunderstandings or escalations, especially if the firearm is visible or easily accessible.
Can I have my gun in my pocket in Texas?
Yes, under Texas’s permitless carry law, adults aged 21 and over who are not otherwise prohibited from possessing a firearm may carry a handgun in a holster, openly or concealed, including in a pocket holster.
However, carrying in certain locations (like schools, government buildings, and bars) is still illegal, and carrying while intoxicated is a criminal offense.
Can I carry a gun in my backpack in Texas?
Yes, Texas law permits the concealed carry of a handgun in a backpack or other personal bag as long as you are 21 or older and not otherwise prohibited from possessing a firearm. The gun must be carried in a holster, even when inside a bag. Be cautious when entering restricted areas, as this can still result in criminal charges.
Can a felon get his gun rights back in Texas?
In limited cases, yes. A felon in Texas may regain the right to possess a firearm only in their home and only after five years have passed since completing their sentence, parole, or probation. However, possessing a firearm under these circumstances is still a violation of federal law, which does not recognize this exception.
To fully restore gun rights, a person would typically need a pardon from the Governor of Texas. Attempting to possess a firearm without restoration can result in serious felony charges.
How a criminal defense attorney can help with first time gun charges in Texas
If you’ve been arrested or charged with a gun crime in Texas for the first time, having a seasoned criminal defense attorney is crucial. Here’s how a skilled legal team like Guzman Law Firm can protect your rights:
- Case evaluation: We begin with a thorough examination of the arrest, evidence, and police conduct. If your rights were violated (e.g., illegal search or seizure) we may be able to suppress key evidence.
- Understanding the charge: Not all gun charges are equal. Sometimes, law enforcement overcharges individuals based on assumptions. We’ll work to get your charge reduced or dismissed if the facts don’t support it.
- Negotiating with prosecutors: Many first-time gun charges can be plea-bargained down to lesser offenses, especially if you have no prior criminal history. In some cases, we may be able to secure pre-trial diversion or deferred adjudication, helping you avoid a conviction altogether.
- Crafting a defense strategy: Every case is different. Depending on the circumstances, our defense may include:
- You didn’t know the gun was there (e.g., in a borrowed vehicle)
- You were lawfully carrying under constitutional carry laws
- You were transporting the weapon legally, such as moving residences
- Police misapplied the law or performed an unlawful search
- Trial representation: If your case proceeds to trial, we’re ready to vigorously defend you before a judge and jury. Our courtroom experience and deep knowledge of Texas gun laws help us push back against weak or biased prosecutions.
Facing first time gun charges in Texas? Call Guzman for defense.
Gun charges in Texas, even for first-time offenders, can lead to jail time, fines, and a permanent criminal record. But you’re not without options. With the right defense strategy, many cases can be resolved in your favor, allowing you to move forward without a conviction hanging over your head.
Attorney Javier Guzman is here to fight for your future. Whether you made a mistake, were falsely accused, or were simply unaware of the law, you deserve a defense that’s as tough and strategic as the prosecutors coming after you.
Don’t wait. Call Guzman Law Firm today at (956) 516-7198 for a confidential consultation. Let’s build your defense and protect your freedom.
More Helpful Articles by Guzman Law Firm:
- Penalties for Aggravated Assault in Texas
- What Is Comparative Negligence in Texas Personal Injury?
- 5 Things to Know about a Third DWI in Texas
- Do I Qualify for DWI Expungement in Texas?
- How to Get a Possession Charge Dismissed
