Notwithstanding the fairly loose gun laws in the state of Texas, an individual can easily be charged with an offense involving a weapon. According to statistics from the Texas Department of Public Safety, there were 12,188 total arrests for weapon law violations statewide in 2019. In Texas, it is illegal to carry certain weapons, including guns, knives, or clubs, without proper registration or documentation. A defendant convicted of violating any Texas weapon law may be facing massive fines, lengthy jail time, and other devastating consequences.

If you have been arrested and charged with a crime involving a weapon, retaining a skilled and aggressive Texas criminal defense attorney is imperative to build your defense. Walker Law Office is dedicated to providing comprehensive legal guidance and vigorous representation to clients facing weapons violation charges. Mekisha Jane Walker can review and investigate every detail of your case and determine the best defense strategy for your unique situation. Using her extensive experience, she will fight aggressively to protect your legal rights, refute the allegations against you with factual evidence, and achieve the best outcome for your case.

Walker Law Office is proud to represent clients across Houston, Texas, and throughout Harris, Galveston, Montgomery, Fort Bend, and Brazoria counties.

Common Weapons Charges in Texas

Some of the most common offenses involving a weapon in Texas include:

• Illegally possessing or carrying a weapon
• Improperly discharging a gun
• Unlawfully selling a weapon
• Using a weapon in the commission of a crime

Unlawful Carrying of Weapons

Unless you have a state license, carrying any type of weapon in Texas is illegal. According to Texas Penal Code Section 46.02, a person commits an offense of unlawfully carrying a weapon if the person intentionally, knowingly, or recklessly carries on or about his or her handgun, or other kinds of weapons.

Weapons: Under the statute, weapons include any of the following:

• Clubs, such as blackjacks, mace, tomahawk, and nightsticks
• Illegal knives, such as Bowie knives, spears, swords, and knives with blades more than five and a half inches long
• Firearms

Carrying a weapon unlawfully in Texas is a Class A misdemeanor.

Texas Open Handgun Carry Law

Texas is officially an open-carry state for handguns. Starting September 1, 2021, Texas law permits individuals 21 years and older who can legally possess firearms in the state to carry handguns in public places without permits. However, those who are currently prohibited from possessing firearms under federal and state laws do not have the right to possess or carry a firearm under the new Texas laws.

Where Weapons Are Prohibited

Under Texas Penal Code Section 46.03, weapons are prohibited in the following places:

• On the physical premises of a school or educational institution
• Anywhere a school-sponsored activity is being conducted
• On a passenger transportation vehicle of a school or educational institution
• On the premises of a polling place on the day of an election
• On the premises of any government court or offices utilized by the court
• In a secured area of an airport
• On the premises of a racetrack
• Within 1,000 feet of a place of execution in Texas
• On the premises of a business licensed to sell alcohol
• On the premises of a correctional facility
• On the premises of a hospital, civil commitment facility, nursing facility, or mental health facility
• In an amusement park
• In a room where a meeting of a governmental entity is held

Unlawful Weapons

The following weapons are considered unlawful or prohibited in the state of Texas:

• Explosive weapons, such as bombs, grenades, and rockets
• Machine guns
• Short-barrel firearms
• Brass knuckles
• Switchblades knives
• Armor-piercing ammunition
• Improvised handguns (zip guns)
• Firearm silencer
• Tire deflation devices
• Chemical-dispensing devices

Possible Penalties

Possible penalties for weapons law violations in Texas include:

Unlawful Carrying of Weapons: This is a Class A Misdemeanor, punishable by up to 1 year in county jail and a maximum fine of $4,000.

Unlawful Carrying of Weapons in a Prohibited Place: This a third-degree felony. Punishable by between 2 and 10 years in state prison and up to a $10,000 fine.

Carrying Unlawful Weapons: This is a third-degree felony. Punishable by between 2 and 10 years in state prison and a fine of up to $10,000.

Work with a Knowledgeable
Criminal Defense Attorney

Texas state authorities do not take crimes involving a weapon lightly. A defendant accused of violating a weapons law may be facing serious felony charges. Trying to defend yourself may expose you to the possibility of getting convicted and receiving harsher penalties. Therefore, when facing weapons violation allegations, it is paramount that you retain a knowledgeable criminal defense attorney for proper guidance and to outline an effective defense strategy.

Mekisha Jane Walker has the experience and resources to guide and represent individuals who have been wrongly accused of weapons violations. As a former Assistant District Attorney and Felony Prosecutor for Harris County, she knows the ropes and can lead you through the often complicated legal proceedings.

Using her extensive legal understanding, she will help you navigate the Texas criminal justice system. Mekisha Jane Walker will fight zealously to protect your legal rights, represent you in every phase of the legal process, and improve your chances of the best possible outcome for your case.

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