Contending for your rights when you face weapons charges
Are you facing a weapons charge in Texas? Don’t navigate the criminal justice system without an experienced attorney defending you. At the Law Offices of Robert Gregg, we can help you fight the charges, investigate the facts of your case, and ensure that the prosecutor’s evidence was obtained legally.
With over 25 years of experience, our Dallas weapon and gun crimes attorney frequently defends against all types of weapons charges, including:
Contact Law Offices Of Robert S. Gregg to schedule a consultation with a lawyer today. 214-239-9006
There are no laws in Texas that prevent anyone of any age from possessing a firearm. There are also no statutes specifically prohibiting the carrying of a firearm, other than handguns. For years, it was illegal in Texas to open carry a handgun. But since January 2016, gun owners who have a license to carry (LTC) are legally able to open carry a handgun, as long as they do not do so recklessly or in the wrong location.
You may not carry a handgun at:
Not everyone can obtain an LTC – you must meet certain criteria first.
You might be ineligible for an LTC if you:
The new open carry legislation does not mean that all gun owners are protected from the charge of unlawfully carrying a weapon (UCW). Offenders can still face criminal charges for illegally carrying a handgun or another illegal weapon.
Illegal weapons that will result in a UCW charge include:
If you have been charged with a weapons crime in Texas, speak with our Dallas weapon and gun crimes lawyer immediately to safeguard your rights. We provide free confidential consultations during which we can answer all your questions, discuss the details of your case, and develop a solid defense strategy.
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Recent changes to Texas firearms legislation have significantly impacted how weapons cases are handled in the criminal justice system. Since September 2021, Texas has implemented “constitutional carry,” allowing qualified individuals to carry handguns without requiring a License to Carry (LTC). However, these new provisions don’t exempt individuals from numerous restrictions that remain in place regarding where, when, and how firearms can be legally carried.
At the Law Offices of Robert Gregg, we stay continually informed about these evolving regulations to provide the most current and effective defense strategies for our clients. With over 25 years of practicing law, our firm understands how changing legislation affects your case and your rights.
If you’re facing weapons charges under these new laws, it’s crucial to work with a defense attorney who thoroughly understands both the written statutes and how courts are interpreting them. Contact our office today for a defense strategy tailored to your specific situation under the most current legal framework.
Weapons charges often stem from evidence obtained during traffic stops, home searches, or other encounters with law enforcement. In Texas, police must have a valid warrant to search your property, vehicle, or belongings unless specific exceptions apply. When this constitutional right is violated, it can provide a powerful defense against weapons charges.
Our defense team meticulously examines the circumstances surrounding the discovery of any weapon. We investigate whether:
At the Law Offices of Robert Gregg, we take the time to collect all facts and evidence to build a strong case capable of withstanding the prosecution. If we determine that your rights were violated during the search that led to your weapons charge, we will aggressively pursue the suppression of that evidence, which can often lead to reduced charges or case dismissal.
Beyond immediate penalties like fines and potential incarceration, weapons convictions carry serious long-term consequences that can affect many aspects of your life. Unlawful carry of firearms can lead to criminal charges ranging from Class A misdemeanors to third-degree felonies, depending on the severity of the offense and your criminal history.
A weapons conviction on your record can result in:
Our firm recognizes that these collateral consequences often outweigh the immediate penalties. We work directly with our clients, taking the time to understand their specific situation to provide personalized service tailored to their needs. This comprehensive approach allows us to develop defense strategies that consider both short and long-term impacts of weapons charges.
Don’t let a weapons charge define your future. Contact the Law Offices of Robert Gregg today at 214-559-3444 for a confidential consultation where we can discuss your specific case and develop a strategy to protect your rights and future opportunities.
In Texas, unlawful possession includes having a firearm if you have a felony conviction (within 5 years of release or at locations other than your residence thereafter), are subject to a protective order, or have certain domestic violence convictions. Weapons can also be illegal if possessed in prohibited locations such as schools, government buildings, or businesses displaying proper signage. Additionally, certain types of weapons like machine guns, explosive devices, and short-barrel firearms are restricted without proper federal registration.
Penalties vary greatly depending on the specific offense, with unlawful carrying being a Class A misdemeanor (up to one year in jail and $4,000 fine) and unlawful possession by a felon being a third-degree felony (2-10 years imprisonment and fines up to $10,000). Using a firearm while committing another crime significantly enhances penalties, often adding several years to prison sentences. Certain violations involving prohibited weapons or possession in specific locations like school zones can further increase punishment levels.
Challenging the legality of the search and seizure under Fourth Amendment protections is often a primary defense, as evidence obtained illegally may be suppressed entirely. Other common defenses include disputing actual possession or knowledge of the weapon, establishing lack of intent, questioning ownership, and asserting statutory defenses like traveling exceptions or legal justifications. Constitutional challenges based on Second Amendment rights may also be viable in certain cases following recent Supreme Court decisions.
For misdemeanor domestic violence convictions, rights may be restored after five years from release, though federal prohibitions may still apply. Felony convictions limit firearm possession rights more severely, though you may eventually possess a firearm in your residence after the five-year mark following release from confinement or supervision. Restoration options also include gubernatorial pardons, expunctions for certain dismissed charges, or non-disclosure orders, though each has specific eligibility requirements and limitations.