Is carrying a gun still a crime in Texas?
Sometimes, and the exceptions are where the charges come from. Permitless carry did not repeal §46.02; it narrowed who it reaches. Unlawful carrying under §46.02 still applies to people the statute excludes. Felon in possession under §46.04 is a separate third degree felony. Places weapons are prohibited under §46.03 covers schools, courts, polling places and more, whatever licence you hold. And a short list of items remains banned outright under §46.05. Peter M. Barrett has defended Texas criminal cases since 1994. The case review is free and confidential.
- Lawful to own is not lawful to carry, anywhere, always. Most weapons cases turn on who was carrying, or where.
- §46.04 is the one that bites hardest. Felon in possession is a third degree felony, 2 to 10 years, and it does not require the gun to be used.
- §46.03 is location based. A licence does not cure a prohibited place.
- State legality is not federal legality. An item Texas no longer bans can still sit under the federal National Firearms Act, and 18 U.S.C. 922(g) reaches people state law does not.
- Possession is often constructive. The State frequently argues a gun in a car or a shared home was yours, which is an argument, not a fact.
- The grade moves. Most of §46.05 is a third degree felony; a tire deflation device is a state jail felony.
Texas changed its carry laws, and a great deal of what people believe about them is a version of the law that no longer exists or never did. The practical result is that weapons charges are often brought against people who believed they were acting lawfully, and that belief is not itself a defense. What matters is which statute the State has picked, and whether the facts actually fit it.
The charges this firm defends
- Unlawful carrying of a weapon, §46.02. Who the statute still reaches, and the circumstances that take someone outside permitless carry.
- Unlawful possession of a firearm, §46.04. Felon in possession, and possession while subject to certain orders.
- Places weapons prohibited, §46.03. Schools, courts, polling places, secured airport areas and the rest of the list.
- Prohibited weapons, §46.05. The short list of items banned by category rather than by place or person.
- Deadly conduct, §22.05, which often arrives alongside a weapons count where a firearm was discharged.
- Federal firearms counts, including 18 U.S.C. 922(g), which reaches categories of person that Texas law does not.
Where weapons cases are actually won
Possession. A gun in a glovebox, under a seat or in a house with several occupants is not automatically anyone's. The State must tie it to the accused, and the links it relies on are often circumstantial.
The stop and the search. Many weapons charges begin with a traffic stop or a frisk. If the stop was not lawful, or the search went past what the law allowed, what was found is open to challenge.
Status. §46.04 depends on a prior conviction and on timing. Those are records, and records can be wrong, out of date, or not what the State has assumed.
The item itself. §46.05 turns on definitions in §46.01, and those definitions are narrower than they sound. Pepper spray is not a chemical dispensing device, and §46.01(14) says so expressly.
What a conviction costs
Unlawful possession of a firearm under §46.04 is a third degree felony, which under §12.34 means 2 to 10 years and a fine of up to $10,000. Most of the §46.05 list is also a third degree felony; a tire deflation device is a state jail felony, 180 days to 2 years under §12.35. Beyond the sentence, a firearms conviction closes doors that a fine does not: employment, housing and, for a non-citizen, immigration consequences that run on their own track.
Why people hire Peter Barrett for weapons cases
Peter M. Barrett has practised Texas criminal defense since 1994 and has tried more than 150 cases to a jury. He is AV Preeminent rated by Martindale-Hubbell, holds a 10.0 rating on Avvo, and has been named to Super Lawyers each year from 2022 to 2026. Weapons cases frequently run in state and federal court at once, and the firm takes both.
No outcome can be assured in any case. What can be done is to look hard at how the weapon was found and how it was tied to the accused, because that is where most of these cases are decided.
Common questions
Can I be charged for carrying a handgun in Texas without a licence?
Yes, in the situations §46.02 still reaches. Permitless carry narrowed the offense rather than repealing it, and the statute continues to apply to people and circumstances it excludes from the general rule. Whether a particular person falls inside or outside it is the question the case turns on.
What is the punishment for felon in possession in Texas?
Unlawful possession of a firearm under §46.04 is a third degree felony. Under §12.34 that is 2 to 10 years in prison and a fine of up to $10,000. Federal law reaches some of the same conduct under 18 U.S.C. 922(g), which carries its own range.
Does a licence let me carry anywhere?
No. §46.03 prohibits weapons in specified places including schools, courthouses, polling places and secured areas of airports, and holding a licence does not cure a prohibited place. Those cases often turn on signage, on the boundaries of the premises, and on whether the accused knew where the line was.
The gun was not mine. Is that a defense?
It can be the whole case. Where a weapon is found in a vehicle or a shared residence, the State has to connect it to the accused rather than to the space, and it usually does that with circumstantial links. Those links are open to challenge, and that is where a contested possession case is fought.
Texas stopped banning an item. Am I safe?
Not necessarily. The §46.05 list has been cut several times, and items that came off it can still sit under the federal National Firearms Act. State legality and federal legality are separate questions, and the federal one carries the heavier exposure.
Does Peter Barrett handle federal gun cases?
Yes. The firm takes state and federal criminal cases, which matters in weapons matters because the same conduct is frequently charged in both systems, on different timetables and with different sentencing rules.
This page is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed Texas criminal defense attorney about your specific facts. Request a free, confidential case review.