Texas law generally allows many adults to carry handguns without a license. However, that doesn’t mean firearms can be carried anywhere, by anyone, under any circumstances.

A person may face an unlawful carry charge when prosecutors allege they carried a weapon in violation of Texas law. Examples may include allegations involving:

• Carrying a firearm in a prohibited location
• Carrying while engaged in criminal activity
• Carrying while prohibited from possessing a firearm
• Carrying certain prohibited weapons
• Possessing a firearm in restricted government or school-related locations
• Firearm possession while intoxicated under certain circumstances Learn more about DWI defense

Many UCW cases are far more complicated than they initially appear. Questions often arise regarding where the weapon was located, whether the accused knew it was present, whether law enforcement conducted a lawful search, and whether the location actually qualifies as a prohibited area under Texas law.

Even lawful firearm owners can find themselves facing charges if a weapon is discovered in a restricted location. Texas law limits firearm possession in certain places, including:

• Schools and school-sponsored events
• Courts and court offices
• Correctional facilities
• Secured airport areas
• Polling locations during voting
• Certain government meetings
• Certain healthcare facilities
• Locations where firearm possession is otherwise restricted by law

Because these cases often turn on specific facts, it’s important to have an attorney review exactly what happened before making assumptions about the strength of the government’s case.

A prior felony conviction can significantly impact a person’s ability to legally possess firearms under Texas and federal law. Prosecutors frequently file felon-in-possession charges when they believe a person with a qualifying felony conviction exercised care, custody, control, or management over a firearm.

However, simply being near a firearm does not automatically mean someone possessed it. These cases often involve questions such as:

• Who owned the firearm?
• Where was it located?
• Who had access to it?
• Did the accused know it was present?
• Was the firearm actually under the accused’s control?

The answers to those questions matter.

Many felon-in-possession cases arise when firearms are discovered during:

• Traffic stops
• Searches of homes
• Searches of vehicles
• Investigations involving multiple occupants
• Domestic disputes
• Drug investigations

When multiple people have access to a vehicle or residence, proving possession is not always as simple as prosecutors claim. A strong defense may involve challenging whether the firearm was actually under the accused’s control, whether the search was lawful, or whether the evidence establishes possession beyond a reasonable doubt.

Deadly conduct charges often arise when prosecutors believe someone acted recklessly in a manner that placed another person in danger of serious bodily injury. In some cases, the allegation involves a firearm. In others, it does not.

Because the offense focuses on perceived danger rather than actual injury, people are often surprised when they learn they are under investigation or facing criminal charges. Examples that may lead to deadly conduct allegations include:

• Brandishing a firearm during a dispute
• Firing a weapon into the air
• Discharging a firearm toward a building or vehicle
• Reckless handling of a firearm
• Conduct prosecutors claim created a substantial risk of serious injury

The specific facts matter tremendously.

Deadly conduct may be charged as either a misdemeanor or a felony depending on the circumstances. Allegations that someone recklessly placed another person in imminent danger of serious bodily injury may result in misdemeanor charges. Allegations involving the discharge of a firearm toward a person, vehicle, habitation, or building may lead to felony prosecution.

A conviction can carry significant consequences, including jail or prison exposure, fines, probation conditions, firearm restrictions, and a permanent criminal record.

A strong defense often focuses on issues such as intent, recklessness, self-defense, witness credibility, and whether the evidence actually supports the level of danger alleged by the prosecution.