Weapons Charges

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Weapons Charges Attorney Austin TX

Texas Gun Laws

Though Texas is a gun-friendly state, it is still fairly easy to find yourself facing weapons charges. Anyone over the age of 18 who is not a felon may possess a firearm. As of January 1, 2016, Texas is an open carry state. However, you must still have a concealed handgun license in order to be allowed to open carry. If you do not, you can face criminal charges. At Smith & Vinson Law Firm, we have the knowledge and the resources to handle all types of gun charges. Let Austin weapon charge lawyers Jarrod Smith and Brad Vinson fight for you.

The State of Texas aggressively prosecutes weapons cases. This is why you need to mount an aggressive defense. The State of Texas is working against you. You need someone working for you. We will work for you. Smith & Vinson Law Firm represents client’s accused of weapons charges in Austin, Round Rock, Georgetown, Cedar Park, Leander, Taylor, Hutto and all around the Central Texas area.


Contact our Austin weapons charges lawyers now for a free consultation at (512) 359-3743.


Common Types of Weapon Charges in Texas

Some of the most common weapons offenses in Texas include:

  • Illegally possessing or carrying a weapon
    • Unlawful possession of a weapon
    • Felon in possession of a weapon
    • Unlawful possession in a weapons-free zone
  • Unlawfully selling a weapon
  • Improperly discharging a gun
  • Using a weapon in the commission of a crime
    • Threat with a deadly weapon
    • Assault with a deadly weapon
    • Aggravated assault

When You Need a License for a Weapon in Texas

You are allowed to do certain things without having to obtain a license. These include carrying a weapon to your vehicle to transport it and carrying a weapon in your home. For most other situations, you need a license before you can carry a weapon. The term “weapon” includes firearms, knives with blades more than 5 ½ inches long, and clubs.

Texas Weapon Penalties

The type of penalty you will be facing depends on things such as the type of weapon involved, whether you were using it or merely carrying it, and whether you were committing another crime.

Some examples include:

  • It is a Class A Misdemeanor to possess a switchblade knife or brass knuckles
  • It is a Third-Degree Felony to possess any other prohibited weapon
  • It is a Class A Misdemeanor to give or sell a gun to a person who isn’t allowed to have one
  • It is a Class C Misdemeanor to leave a loaded gun where a child can access it
  • It is a Class A Misdemeanor to illegally carry a weapon without a license
  • It is a Third-Degree Felony to do so at a polling place on election day, a court, a school, or a racetrack
  • Even if you have a license, it is a Class A Misdemeanor to carry a weapon at a church, hospital, amusement park, a government meeting, or a sporting event
  • It is always a Third-Degree Felony to carry a weapon at a business licensed to sell alcohol where 51% of their money comes from the sale of alcohol
  • It is a Class B Misdemeanor to fire a gun in public. If you do so within the city limits of a city or town that has a population of 100,000 or more, it is a Class A Misdemeanor
  • It is a First-Degree Felony to use a gun (whether you fire it or not) during the commission of a violent crime

The Constitution guarantees our right to bear arms, particularly in Texas. However, this right has been limited in many ways in order to protect the safety of the public. If you are facing a weapons charge, you need a lawyer who knows your rights and can aggressively defend them in court. Call Smith & Vinson Law Firm today and let us fight for you.

Charged with a Weapons Offense in Texas?

If you have been arrested or charged with a weapons offense in Austin, Travis County, Williamson County, Hays County, or any of the surrounding areas in Texas contact Smith & Vinson Law Firm.

At Smith & Vinson Law Firm, we take your weapons charges seriously and fight to protect your constitutional rights. Jarrod Smith and Brad Vinson are aggressive trial lawyers that will fight for you from day one to get the best possible resolution for your case.


Contact our Austin weapons charges attorneys today for a free initial consultation. Call the firm today at (512) 359-3743.


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