Texas allows many people to openly carry a handgun or carry without a license, but those laws are sometimes misunderstood. Open or permitless carry does not create an unrestricted right to carry a firearm regardless of state law. Misunderstanding those restrictions can still lead to an arrest and weapons charge, putting your freedom, criminal record, and ability to possess a firearm at risk.
Texas law still restricts who may possess firearms, where weapons may be taken, and how handguns may be openly carried. Someone who believes they are complying with the law can still face a weapons charge if the circumstances fall within one of those restrictions.
Weapons allegations can also arise alongside other charges. A firearm, knife, or other weapon may become an important part of an assault, robbery, family violence, drug, or other criminal case, potentially exposing the accused to more serious charges and penalties.
Austin Weapons Charges Lawyer
Michael & Associates Criminal Defense Attorneys represents people accused of firearm and weapons offenses throughout Austin and Travis County. Our attorneys can examine why police stopped or searched you, where the weapon was discovered, whether you were legally prohibited from possessing it, and whether prosecutors can prove every element of the alleged offense.
Our Austin defense team includes Dan Dworin, who is Board Certified in Criminal Law by the Texas Board of Legal Specialization; James Fletcher, our Austin Managing Attorney and an ACS-CHAL Lawyer-Scientist; and Dax Garvin, a former law enforcement officer whose background provides additional perspective when evaluating police encounters, searches, arrests, and investigative procedures.
If you've been arrested or are under investigation for a weapons offense in Austin or Travis County, contact us for a free case review.
What Is Considered a Weapon Under Texas Law?
Texas Penal Code § 46.01 contains definitions that apply to weapons offenses under Chapter 46. Depending on the statute involved, a case may concern a:
- Firearm
- Handgun
- Location-restricted knife
- Club
- Machine gun
- Short-barrel firearm
- Armor-piercing ammunition
- Chemical dispensing device
- Zip gun
- Improvised explosive device
- Firearm silencer
- Other prohibited weapons identified by Texas law
The type of weapon matters because different statutes impose different restrictions. Whether an object qualifies under a statutory definition can therefore become an important issue in a weapons case.
A weapons charge may depend on factors such as the person's age, prior convictions, whether the person was legally prohibited from possessing a firearm, whether the handgun was carried in a vehicle, whether the person was engaged in other criminal activity, and how or where the handgun was displayed.
Common Weapons Charges in Austin
Texas Penal Code Chapter 46 contains several offenses involving firearms and other weapons. The circumstances of the alleged possession, the person's criminal history, and the location where the weapon was carried can substantially change the potential charge.
- Unlawful carrying of a weapon (UCW): Texas Penal Code § 46.02 establishes several circumstances in which carrying a handgun or location-restricted knife can constitute an offense. Texas law does not require every person carrying a handgun to have a License to Carry. However, permitless carry does not mean that anyone can carry a handgun anywhere or under any circumstances. Our internal Travis County records include 13 UCW cases with known outcomes, 12 of which were dismissed.
- Unlawful possession of a firearm: Texas Penal Code § 46.04 restricts firearm possession by certain people, including some individuals with previous felony or family-violence convictions. These cases can be particularly fact-specific.
- Weapons in prohibited places: Texas Penal Code § 46.03 restricts firearms and certain other weapons in specified locations. Depending on the weapon and circumstances, the law can apply to locations such as schools, polling places during voting, courts and court offices, racetracks, secured areas of airports, correctional facilities, and certain businesses that derive 51% or more of their income from on-premises alcohol sales.
Exceptions and defenses can apply, so whether a weapon was carried in a particular location does not by itself determine whether an offense occurred.
Can You Carry a Handgun Without a License in Texas?
Texas law allows many people aged 21 or older who are not prohibited by state or federal law from possessing a firearm to carry a handgun without obtaining a Texas License to Carry. The permitless-carry law took effect September 1, 2021. But permitless carry has limits.
Texas law still regulates who may carry a handgun, the circumstances in which a handgun may be carried, how an openly carried handgun must be carried, and locations where firearms are prohibited or restricted. Federal firearm restrictions may also apply independently of Texas law.
Texas continues to issue Licenses to Carry. An LTC can provide benefits even though a license is no longer required for every lawful handgun carrier.
Penalties for Weapons Charges in Texas
Texas has no single penalty for a weapons offense. The punishment depends on the specific statute, where the alleged offense occurred, the type of weapon involved, the person's criminal history, and other circumstances. Weapons offenses can range from misdemeanors to serious felonies that can carry years in prison.
A weapon can also affect the severity of another criminal allegation. For example, the presence or alleged use of a deadly weapon can become an element of offenses such as aggravated assault or aggravated robbery.
Because of those differences, it is important to identify the exact subsection prosecutors allege was violated rather than assuming that every weapons charge carries the same punishment.
Learn more about the potential penalties in our comparison of felonies vs. misdemeanors.
Real Travis County Weapons Case Results
Our internal Travis County case records show that many of the weapons cases we've handled have ended without a conviction or jail sentence.
Among the weapons cases in our records with known outcomes:
- 67% resulted in outright dismissal
- About 80% ended without jail or a trial
The only jail sentence in this group involved one count of a two-count aggravated assault case. The second count was dismissed.
These results don't guarantee what will happen in another case. Weapons cases can differ significantly depending on the charge, criminal history, alleged use of the weapon, and evidence. But our results show why it's important to examine the specific facts rather than assume that a weapons arrest will lead to a conviction or jail.
How Our Austin Weapons Defense Attorneys Can Help
Weapons cases often involve more than the question of whether police found a firearm.
Our attorneys can examine how law enforcement encountered you, why officers stopped or detained you, whether they had legal grounds to search you or your vehicle, how the weapon was discovered, and whether the State can prove you knowingly or intentionally engaged in prohibited conduct.
Depending on the allegations, the defense investigation may include reviewing:
- Search warrants and supporting affidavits
- Body-camera and dash-camera footage
- Traffic-stop video
- Police reports
- 911 and dispatch records
- Witness statements
- Firearm ownership or possession evidence
- Prior convictions allegedly affecting firearm eligibility
- Protective orders
- Statements made during the investigation
- Whether evidence was obtained through an unlawful search or seizure
Austin and Travis County Firearm and Legal Resources
People facing a weapons charge or looking for information about Texas firearm laws may find these Austin, Travis County, and state resources helpful:
- Travis County Criminal Courts: Look up criminal case information, court settings, and upcoming court dates.
- Travis County Law Library: Access legal information and resources for navigating Travis County courts.
- Austin Office of Violence Prevention: Find information about safe firearm storage and programs providing free gun locks.
- Texas Department of Public Safety: Review Texas License to Carry requirements, handgun licensing information, and current LTC laws.
Contact an Austin Weapons Charges Lawyer
A firearm or weapons charge can raise complicated questions about possession, searches, prior convictions, prohibited locations, and Texas's current carry laws. What happened before police discovered the weapon can be just as important as the weapon itself.
Michael & Associates was also named Best Law Firm in the 2026 Best of ATX Awards. Our Austin attorneys are backed by a statewide defense team that includes Board Certified Criminal Law specialists, former prosecutors, former judges, former law enforcement officers, and attorneys with advanced forensic training. That experience can be particularly useful when a weapons case involves questions about police procedures, searches, firearm possession, or other criminal allegations.
We represent clients throughout Austin, Travis County, and surrounding communities, including Pflugerville, Lakeway, West Lake Hills, Sunset Valley, and Round Rock.
If you're facing a weapons charge, we'll review what happened, explain the law that applies to your case, and identify potential weaknesses in the State's evidence.
Contact Michael & Associates Criminal Defense Attorneys today for a free case review.
