Aggressive, Strategic Defense for State & Federal Weapons Charges Across Houston & Beyond
Facing a Weapons Charge in Houston? You Need an Experienced Criminal Defense Lawyer.
Texas respects the right to own firearms—but there are strict rules about how, where, and by whom weapons may be possessed and used. A single mistake with a firearm can lead to serious criminal consequences, including:
- Felony or misdemeanor charges
- Heavy fines and prison time
- Permanent loss of gun rights
- A lasting criminal record that affects your career and reputation
At The Napier Law Firm, we offer immediate, experienced legal representation for anyone facing weapons charges in Houston, Harris County, Montgomery County, Fort Bend County, and neighboring areas.
📞 Call us now at (713) 470-4097 or contact us online for a free and confidential case review.
Common Weapons and Firearms Charges in Texas
We defend clients against a wide range of weapons-related offenses, including:
- Unlawful Carrying of a Weapon (UCW) – Carrying a handgun without proper license or in prohibited areas.
- Felon in Possession of a Firearm – Illegal possession by someone with a prior felony conviction.
- Unlawful Possession of a Firearm – Possession after a domestic violence conviction or protective order.
- Improper Discharge of a Firearm – Recklessly firing a weapon in a municipality or prohibited zone.
- Possession of an Illegal Weapon – Such as switchblades, brass knuckles, silencers, or machine guns.
- Weapon Used in Commission of a Crime – Enhancing the severity of charges for crimes like assault, robbery, or drug trafficking.
- Federal Firearm Offenses – Including possession of a firearm by prohibited persons, weapons trafficking, or violations involving interstate commerce.
What’s at Stake? Penalties for Gun and Weapons Offenses in Texas
Depending on the charge, a weapons conviction can lead to:
- Misdemeanor or felony charges
- Jail or prison time (up to life in some cases)
- Hefty fines (up to $10,000 or more)
- Loss of your right to possess or carry a firearm
- Permanent criminal record
- Probation, parole, or enhanced penalties for future offenses
- Federal Charges: Mandatory minimum sentences and significant fines
- Collateral Consequences: Gun rights forfeiture, professional licensing issues, restricted employment opportunities
If the weapon was allegedly used during the commission of another offense, such as aggravated assault or robbery, your case could escalate quickly into a first-degree felony. Our early intervention focus can prevent license suspension, avoid gun-rights loss, and help preserve your future.
Federal Firearm Charges Are Even More Serious
Federal weapons crimes, prosecuted by U.S. Attorneys, often involve mandatory minimum sentences. Examples include:
- Possession of a firearm in furtherance of a drug trafficking offense (18 U.S.C. § 924(c))
- Felon in possession of a firearm (18 U.S.C. § 922(g))
- Firearms trafficking or straw purchases
- Illegal weapons or modifications
These charges carry enhanced penalties and frequently appear in multi-count federal indictments. If you’re under investigation or have been charged in federal court, you need a defense lawyer with experience in the Southern District of Texas.
FAQ
Some of the most frequently asked questions we get about Texas gun laws are the following:
Who Can Legally Carry a Firearm in Houston?
As of September 1, 2021, Texas allows permitless carry (also known as constitutional carry). This law permits most Texans to carry a handgun in public without a License to Carry (LTC), as long as the firearm is holstered and the individual meets eligibility requirements.
Under Texas law, you may legally carry a gun if:
- You are 21 years of age or older
- You do not have a prior felony conviction
- You do not have a recent conviction for certain weapon-related misdemeanors
- You are not currently subject to a protective order
- You are not prohibited from possessing a firearm under federal law (18 U.S.C. § 922(g))
- You are not carrying while intoxicated in public
While the new law removes the license requirement for many, it does not override federal restrictions or apply to all circumstances.
Who Is Prohibited From Possessing a Firearm in Texas?
Even with relaxed Texas laws, both state and federal statutes still prohibit firearm possession for certain individuals.
Under federal law, you may not possess a firearm if you:
- Have a felony conviction
- Have a misdemeanor conviction for domestic violence
- Are subject to a qualifying protective order
- Have been adjudicated as mentally incompetent or committed to a mental institution
Under Texas law, firearm restrictions also apply if:
- You have a felony conviction and it has been less than five years since you completed your sentence. Even after five years, you may only possess a firearm at your residence.
- You have a misdemeanor domestic violence conviction and it has been less than five years since completing your sentence or supervision.
Can I Carry a Long Gun in Texas?
Texas does not specifically prohibit carrying long guns (such as rifles or shotguns) in public. However, the manner of carrying matters. Displaying a long gun in a way that causes alarm or appears threatening could lead to criminal charges, especially if you’re brandishing or pointing it at someone.
Important: If you’re prohibited from possessing any firearm under state or federal law, that restriction also applies to long guns.
Can I Carry a Gun in My Vehicle in Houston?
Yes—Texas law generally allows law-abiding individuals to carry a handgun in their car without a permit. However, there are conditions:
- You must legally be allowed to own a firearm
- If the gun is in plain view, it must be in a holster
- You may not carry a firearm while committing a crime (excluding minor traffic infractions)
Also, members of criminal street gangs are not permitted to carry firearms in vehicles or boats. Texas law does not specify whether the firearm must be unloaded or how it must be stored—only that it must be holstered if visible.
Where Are Firearms Prohibited in Texas?
Even with constitutional carry, there are still numerous locations where guns are not allowed. These include:
- Public polling places during elections
- Schools, school buses, and school-sponsored activities
- Courthouses and court offices
- Prisons or jails
- Hospitals and nursing homes (without written permission)
- Secure airport areas (past TSA checkpoints)
- Amusement parks and racetracks
- Churches and places of worship
- Civil commitment facilities
- Government meetings with posted signage
- Areas within 1,000 feet of a place of execution
Additionally, carrying a firearm while intoxicated is illegal, even if you are otherwise permitted to carry.
Can I Carry a Concealed Firearm in Texas Without a Permit?
Yes. Texas’s constitutional carry law allows eligible adults aged 21 or older to carry a concealed handgun without a permit, as long as they are not prohibited by law from possessing a firearm.
You may still choose to obtain a License to Carry (LTC) for added benefits, such as:
- Carrying in more restricted locations (e.g., school zones under federal law)
- Easier reciprocal carry in other states
- Faster background checks when purchasing a firearm
At What Age Can I Buy a Gun in Texas?
- You must be 21 or older to buy a handgun from a federally licensed dealer
- You must be 18 or older to purchase a rifle or shotgun
- Federal law generally prohibits individuals under 18 from possessing handguns unless certain exceptions apply (e.g., hunting, self-defense, or instruction with supervision)
How The Napier Law Firm Can Help
At The Napier Law Firm, we bring our experience to every weapons case we handle. Our attorneys are former federal and state prosecutors, giving us the inside knowledge needed to anticipate the government’s strategy and challenge their case at every step.
How we help our clients:
- Immediate Representation upon arrest or investigation
- Thorough Review of Police Reports, Body-Worn Camera Footage & Warrant Validity
- Fourth Amendment Challenges to suppress illegally seized weapons
- Evidence-Based Defense: If needed, we engage private investigators and experts to help analyze ballistics, witness statements, and more
- Negotiation & Diversion Tactics: Exploring plea deals, pretrial diversion, or alternative sentences
- Trial Preparedness: We stand ready to fight for your rights before a judge or jury
We believe every client deserves a tailored defense that reflects the facts, legal issues, and personal stakes of their case.
Possible Defenses to Weapons Charges in Texas
At The Napier Law Firm, our defense strategies may include:
- Fourth Amendment Violations: If law enforcement obtained evidence illegally, we’ll seek to suppress it.
- Lack of Possession: You didn’t knowingly or intentionally possess the weapon.
- Mistaken Identity or False Accusation
- No Criminal Intent: You had no intent to use the weapon unlawfully.
- Challenging Improper Traffic Stops or Detention
- Castle Doctrine and Self-Defense: In some cases, Texas law supports justified possession or use of a weapon.
Top Mistakes to Avoid When Facing Weapons Charges
Don’t fall victim to these common mistakes. Early legal advice can prevent these errors—don’t wait!
- Talking to police without counsel
- Failing to record arrest details or obtain video evidence
- Missing court deadlines
- Skipping proof of valid licensure
- Posting about your case on social media
Why Choose The Napier Law Firm?
- Former prosecutors who know both sides of the courtroom
- Local insight into Houston-area courts, judges, and prosecutors
- Experience in complex felony and federal cases
- Client-first approach—strategic, responsive, and discreet
We’ve helped clients avoid jail, preserve their gun rights, and protect their record—and we’re ready to fight for you.
Contact a Houston Weapons Charges Lawyer Today
If you’re facing a weapons-related charge in Houston or surrounding areas, don’t wait to get legal representation. The consequences can be life-changing. Let The Napier Law Firm provide the strong defense you deserve.
📞 Call (713) 470-4097 or contact us online today to schedule your free consultation.