Firearm / Weapon Offenses

The right of people to keep and bear arms is enshrined in both the Second Amendment to the United States Constitution and Section 23 of Article 1 of the Texas Constitution. Firearm and weapon possession is still regulated in Texas, and alleged offenders who possess certain prohibited weapons or carry firearms in prohibited places can face criminal charges.

Firearm and weapons violations may merit criminal charges on their own or they can result in other criminal charges being enhanced. Convictions can result in lengthy prison sentences, significant fines, and very damaging criminal records that not only impact the ability of alleged offenders to obtain employment or housing, but can also prohibit them from legally possessing guns.

Lawyer for Firearm / Weapon Offenses in Denton, TX

Were you arrested for any kind of weapon or firearm crime in Denton County? You should exercise your right to remain silent until you have legal representation. Contact Law Offices of Richard C. McConathy as soon as possible for help protecting your rights.

Richard McConathy and Brian Bolton are experienced criminal defense attorneys in Denton who represent individuals in communities throughout Denton County, including Highland Village, Lewisville, Little Elm, The Colony, Argyle, Flower Mound, and many others. You can have our lawyers provide a complete evaluation of your case when you call 940-222-8004 to schedule a free, confidential consultation.

Denton County Firearm / Weapon Offenses Information Center

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Prohibited Firearms and Weapons in Texas

Under Texas Penal Code § 46.03, a person commits a criminal offense if he or she intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Texas Penal Code § 46.05:

  • On the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private (unless pursuant to written regulations or written authorization of the institution or the alleged offender possesses or goes with a concealed handgun that the person is licensed to carry and no other weapon to which this section applies, on the premises of an institution of higher education or private or independent institution of higher education, on any grounds or building on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution);
  • On the premises of a polling place on the day of an election or while early voting is in progress;
  • On the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
  • On the premises of a racetrack;
  • In or into a secured area of an airport; or
  • Within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited, or possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.

Texas Penal Code § 46.05 establishes that it is unlawful for an individual to intentionally or knowingly possess, manufacture, transport, repair, or sell any of the following:

  • Explosive Weapon — Any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon;
  • Machine Gun — Any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger;
  • Short-Barrel Firearm — A rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches; 
  • Firearm Silencer — Any device designed, made, or adapted to muffle the report of a firearm;
  • Knuckles — Any instrument that consists of finger rings or guards made of a hard substance and that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles; 
  • Armor-Piercing Ammunition — Handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers;
  • Chemical Dispensing Device — A device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being; 
  • Zip Gun — A device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance; or
  • Tire Deflation Device — A device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle's tires (does not include a traffic control device that is designed to puncture one or more of a vehicle's tires when driven over in a specific direction and has a clearly visible sign posted in close proximity to the traffic control device that prohibits entry or warns motor vehicle operators of the traffic control device).

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Common Firearm / Weapon Offenses in Denton County

Alleged offenders can be charged with certain crimes specifically relating to possession or use of weapons or firearms. Some of the most common such offenses include:

  • Unlawful Possession of a Firearm
  • Possession of a Prohibited Weapon
  • Unlawful Transfer of Certain Weapons

In addition to the offenses listed above, weapon or firearm possession can also make other crimes aggravated offenses. In such cases, misdemeanors may be enhanced to felony offenses.

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Texas Firearm / Weapon Offense Resources

National Rifle Association Institute for Legislative Action (NRA-ILA) | Texas Gun Laws — The ILA is the lobbying arm of the NRA and is “committed to preserving the right of all law-abiding individuals to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.” Visit this website to see an overview of gun laws in Texas and view a concealed carry reciprocity map of the United States that show which states recognize Texas permits and which state’s permits Texas recognizes. You can also read about recent news and laws on purchase, possession and carrying of firearms in Texas.

Genitron — Genitron is an information-only website presented as a public service for the purpose of providing technical data and pricing on as many handguns as possible. You can search and compare handguns or view stats and rankings. The handgun basics section also provides information about how weapons work and definitions of common terminology.

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Law Offices of Richard C. McConathy | Denton Firearm / Weapon Offense Attorney

If you were arrested in Denton County for any kind of alleged weapon or firearm crime, it will be in your best interest to exercise your right to remain silent until you have legal counsel. Law Offices of Richard C. McConathy aggressively defends clients in Lewisville, Highland Village, Flower Mound, Argyle, The Colony, Little Elm, and many surrounding areas of Denton County.

Denton criminal defense lawyers Richard McConathy and Brian Bolton will work tirelessly to help you achieve the most favorable outcome to your case resulting in the fewest possible penalties. Call 940-222-8004 or submit an online contact form to have our attorneys review your case and discuss all of your legal options during a free initial consultation.

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DWI Case Results
  • DWI Blood Test Case + Prescription Meds Dismissed (Cr200606211)
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I can’t say enough great things about the attorneys at this law firm. Within a few months they had my case, which I thought I was going to lose, dismissed and put my life back on track. I would recommend their firm to anyone and everyone who is in need of legal help.

Leslie L. Denton County DWI

A few months before I moved out of Texas, I was arrested for DWI. The problem was I was building a new life in another state with greater opportunities. I needed to find an attorney to handle my special situation being an out of state client who also travels out of the country. My case was in Denton County, which I have heard is a very difficult county to deal with. Because of my job I was in need of special accommodations from the court so I would not lose my career. After several months of tough negotiations with the DA, Richard and Brian were able to finalize my case beyond my expectations. I would highly recommend this law firm to anyone who has run into some trouble anywhere they might get a DWI.

Stephanie C. Denton County DWI
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