If you’ve been arrested for a gun offense in Denton County, you could be facing serious felony charges, years in prison, and the permanent loss of your firearm rights. Texas takes weapons violations seriously, and a conviction can follow you for life. The good news is that many gun cases can be won or reduced with the right defense strategy.
At Varghese Summersett, our Denton County criminal defense attorneys have helped thousands of clients fight weapons charges across Texas. We understand Texas gun laws inside and out, and we know how to challenge the evidence prosecutors rely on. If you’re facing an unlawful carrying charge, a felon in possession case, or any other firearm offense, we’re ready to fight for you.
Texas Gun Laws: What You Need to Know
Texas has a reputation as a gun-friendly state, and in many ways, that’s true. The state allows permitless carry for most adults over 21 who can legally possess a firearm. But Texas also aggressively prosecutes people who violate its weapons laws. The difference between legal gun possession and a criminal offense often comes down to where you were, who you are, and how you were carrying the weapon.
Understanding these distinctions is critical. A simple mistake about where you can carry your firearm could result in felony charges. A prior conviction you thought was minor could turn routine gun possession into a third-degree felony. Our job is to examine every detail of your case and find the strongest path to protecting your freedom and your rights.
Common Gun Charges in Denton County
Gun offenses in Texas range from Class A misdemeanors to first-degree felonies depending on the circumstances. Here are the charges we see most often in Denton County:
Unlawful Carrying of a Weapon
Under Texas Penal Code § 46.02, it’s generally legal for adults 21 and older to carry a handgun in Texas without a license. However, carrying becomes unlawful in certain situations. You can be charged with unlawful carrying if you possess a handgun while intoxicated (other than in your home or vehicle), while committing a criminal offense other than a minor traffic violation, or if you’re prohibited from possessing firearms altogether.
The base offense under § 46.02(b) is a Class A misdemeanor punishable by up to one year in county jail and fines up to $4,000. However, if you have a prior felony conviction, the charge elevates to a third-degree felony under § 46.02(e)(1), carrying 2 to 10 years in prison. If you have a prior misdemeanor family violence conviction, unlawful carry is also enhanced to a Class A misdemeanor with increased consequences.
Unlawful Possession of a Firearm by a Felon
Texas Penal Code § 46.04 prohibits convicted felons from possessing firearms for five years after release from confinement or community supervision, whichever is later. After that five-year period, a felon may possess a firearm, but only in their home. This restriction applies regardless of how old the felony conviction is.
Violating this law is a third-degree felony punishable by 2 to 10 years in prison and fines up to $10,000. If the person has been convicted of a felony involving family violence, they face a lifetime prohibition on firearm possession. Our attorneys carefully review the timeline of prior convictions to determine whether our clients actually fall within the prohibition period.
Carrying in Prohibited Places
Even if you can legally possess a firearm, Texas law prohibits carrying in certain locations. Under Texas Penal Code § 46.03, you cannot carry a firearm in schools, polling places, courts, racetracks, secured airport areas, correctional facilities, or within 1,000 feet of a place of execution on the day of an execution.
Carrying a firearm in most prohibited places is a third-degree felony. Carrying on the premises of a school or educational institution, an amusement park, a hospital, nursing home, or place of religious worship is generally a Class A misdemeanor under certain circumstances, though specific situations can elevate the charge.
Possession of a Prohibited Weapon
Texas Penal Code § 46.05 outlaws certain weapons entirely, regardless of who possesses them. Prohibited weapons include explosive devices, machine guns, short-barrel firearms (barrels under 16 inches for rifles or 18 inches for shotguns), armor-piercing ammunition, chemical dispensing devices, zip guns, and tire deflation devices. Possessing a prohibited weapon is a third-degree felony punishable by 2 to 10 years in prison.
There are limited exceptions for antique or curio firearms, weapons registered under federal law, and certain devices possessed by law enforcement or military personnel. Our attorneys analyze whether any exemption applies to your case.
Discharging a Firearm
Under Texas Penal Code § 42.12, it’s a Class A misdemeanor to discharge a firearm within certain municipalities or in specific areas where discharge is prohibited. If the discharge occurs recklessly or with criminal negligence and causes property damage or bodily injury, the penalties increase significantly.
Deadly conduct charges under Texas Penal Code § 22.05 may also apply if you discharge a firearm in a manner that puts others at substantial risk of serious bodily injury. Deadly conduct involving a firearm is a third-degree felony.
Making a Firearm Accessible to a Child
Under Texas Penal Code § 46.13, you can face criminal charges if a child gains access to a readily dischargeable firearm that you failed to secure. If the child uses the firearm to cause death or serious bodily injury, the offense is a Class A misdemeanor. In less severe situations, the charge may be a Class C misdemeanor.
Need to speak with someone about your weapons case? Call (940) 252-2220 to schedule a free consultation with a Denton County gun lawyer.
Penalties for Gun Offenses in Texas
The penalties for gun crimes vary widely based on the specific charge, your criminal history, and aggravating factors. Here’s what you’re facing:
Class A Misdemeanor: Up to 1 year in county jail, fines up to $4,000. Examples include base unlawful carrying while intoxicated, discharge of a firearm in certain municipalities, and carrying in some prohibited places.
Third-Degree Felony: 2 to 10 years in state prison, fines up to $10,000. Examples include felon in possession of a firearm, unlawful carrying with a prior felony conviction, carrying in most prohibited places, and possession of a prohibited weapon.
Second-Degree Felony: 2 to 20 years in state prison, fines up to $10,000. Applies when aggravated circumstances exist, such as using a weapon during the commission of another felony.
First-Degree Felony: 5 to 99 years or life in prison. Applies to the most serious weapons offenses, such as aggravated kidnapping with a deadly weapon or engaging in organized criminal activity involving firearms.
How We Defend Gun Charges
Every gun case has potential weaknesses in the prosecution’s evidence. Our defense attorneys look for them all. Here are common defense strategies we employ:
Challenging the Traffic Stop or Search
Most gun charges arise from traffic stops or police encounters. If the officer lacked reasonable suspicion to stop you, or probable cause to search your vehicle or person, any evidence discovered may be suppressed. The Fourth Amendment protects you from unreasonable searches, and we aggressively litigate motions to suppress illegally obtained evidence.
Disputing Possession
The prosecution must prove you actually possessed the firearm. If the weapon was found in a shared space (like a vehicle with multiple occupants or a home with multiple residents), the state may struggle to prove you had knowledge of and control over the firearm. We examine whether the evidence actually links you to the weapon.
Challenging the Prohibited Status
For felon in possession charges, we verify whether the five-year prohibition period has actually passed. We also examine whether the underlying felony conviction was valid, whether you were properly released from supervision, and whether any restoration of rights occurred. Sometimes clients are charged based on incorrect assumptions about their eligibility to possess firearms.
Questioning Location Evidence
For charges involving prohibited places, we scrutinize whether you were actually in the prohibited area. We examine signage, boundaries, and the specific facts of your location. Texas law requires specific notice in some situations, and failure to properly post signage can be a defense.
Self-Defense and Justification
Texas recognizes strong self-defense rights. If you possessed or used a firearm to protect yourself, your family, or your property from an imminent threat, justification defenses may apply. We analyze whether your actions fall within Texas’s castle doctrine or stand-your-ground protections.
Real Results in Weapons Cases
Our firm has secured favorable outcomes in hundreds of weapons cases across Texas. Here are examples from our case results:
In one case, our client faced three separate unlawful carrying of a weapon charges in Tarrant County. The prosecution barred from proceeding on two of the charges, and the third was dismissed outright. In another case involving unlawful possession of a firearm by a felon, our attorneys secured a no-bill from the grand jury, meaning our client was never formally charged. A separate felon in possession case was dismissed entirely after we challenged the evidence.
We’ve also achieved dismissals in deadly conduct cases involving firearms, aggravated assault with a deadly weapon charges, and cases where clients faced multiple weapons-related offenses. While past results don’t guarantee future outcomes, they demonstrate our commitment to fighting for every client.
Facing gun charges? Protect your rights and your record. Call (940) 252-2220 now.
What Happens After a Gun Arrest in Denton County
If you’re arrested for a weapons offense in Denton County, here’s what to expect:
Booking and Processing: You’ll be transported to the Denton County Jail, photographed, fingerprinted, and booked. This process can take several hours.
Bond Hearing: For misdemeanor charges, you may be eligible for release on a preset bond schedule. For felony charges, a magistrate will set your bond, typically within 24 to 48 hours of arrest.
Arraignment: You’ll appear in court to hear the charges against you and enter a plea. This is an important step where having an attorney can make a significant difference.
Discovery and Investigation: Your defense attorney will obtain the evidence the prosecution plans to use, including police reports, witness statements, and any physical evidence. We conduct our own independent investigation.
Pretrial Motions: We file motions to suppress illegally obtained evidence, challenge defective charging instruments, and request favorable rulings before trial.
Negotiation or Trial: Many cases resolve through negotiation, but we prepare every case for trial. If the prosecution won’t offer an acceptable resolution, we’re ready to fight before a jury.
Cases in Denton County are prosecuted by the Denton County District Attorney’s Office for felonies and the County Attorney’s Office for misdemeanors. Criminal cases are heard at the Denton County Courthouse in Denton.
What to Expect From Varghese Summersett
When you hire our firm for your gun case, you get a team of more than 70 legal professionals across four Texas offices working for you. Our criminal defense team includes board-certified specialists in criminal law and former prosecutors who know how the other side thinks.
We’ve achieved over 1,600 dismissals and more than 800 charge reductions throughout our history. We handle everything from misdemeanor weapons charges to complex federal firearm prosecutions. Our attorneys are known for thorough preparation, aggressive advocacy, and genuine care for our clients.
From your first free consultation through the resolution of your case, we keep you informed and involved. We explain your options honestly, set realistic expectations, and fight relentlessly for the best possible outcome. This is your future, and we treat it that way.
Frequently Asked Questions About Gun Charges in Texas
Can I legally carry a gun without a license in Texas?
Yes, Texas allows permitless carry for adults 21 and older who can legally possess a firearm. However, you must not be prohibited from possessing firearms due to a felony conviction, certain misdemeanor convictions, or other disqualifying factors. You also cannot carry while intoxicated or in prohibited locations like schools, courthouses, and airports.
What happens if I’m caught with a gun as a felon in Texas?
Felon in possession of a firearm is a third-degree felony under Texas Penal Code § 46.04, punishable by 2 to 10 years in prison and fines up to $10,000. The prohibition lasts five years after your release from confinement or supervision. After that period, you may possess a firearm only in your home.
Can gun charges be dismissed?
Yes. Gun charges can be dismissed for many reasons, including illegal searches, lack of evidence proving possession, constitutional violations, or successful completion of diversion programs in some cases. An experienced defense attorney can identify weaknesses in the prosecution’s case and fight for dismissal.
Will I lose my gun rights if convicted?
A felony conviction results in the loss of your right to possess firearms under both Texas and federal law. Even some misdemeanor convictions (particularly those involving family violence) can trigger firearm prohibitions. Protecting your gun rights is another reason to fight your charges aggressively.
Should I talk to police about my gun case?
No. You have the right to remain silent, and you should exercise it. Anything you say can be used against you in court. Politely decline to answer questions and ask to speak with an attorney. Contact Varghese Summersett immediately so we can protect your rights.
Related Resources
Learn more about Texas gun laws and weapons defense:
- Unlawful Carry of a Weapon in Texas
- Texas License to Carry Requirements
- Ghost Guns in Texas
- Possessing a Firearm While on Deferred Adjudication
- Federal Firearm Sentencing Guidelines
Denton County Criminal Defense Practice Areas
Experienced criminal defense attorneys serving Denton County
Criminal Defense
Resources
Facing charges in Denton County? Get a free consultation.
Talk to a Denton County Gun Lawyer Today
A gun charge doesn’t have to destroy your future. With the right defense, many weapons cases result in dismissals, reductions, or acquittals. But the clock is ticking. Evidence can disappear, witnesses’ memories fade, and the prosecution is already building its case against you.
Varghese Summersett has the experience, resources, and determination to fight for you. We’ve helped thousands of Texans facing criminal charges, and we’re ready to help you. Don’t wait to get the defense you deserve.
Call (940) 252-2220 now to schedule your free consultation with a Denton County gun lawyer.
