Firearms & Weapons Charges Defense Lawyer in Houston, Texas
Texas has more gun owners per capita than almost any other state — but it also has strict laws about who can carry, where, and how. A weapons charge can result from a simple misunderstanding of the law, an unlawful police search, or having a prior conviction that prohibits you from owning a firearm. Sara Roque challenges every element of the charge and every action by law enforcement to protect your Second Amendment rights and your freedom.
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Common Weapons Charges in Texas
| Charge | Classification | Penalty |
|---|---|---|
| Unlawful carry in prohibited location | Class A Misdemeanor | Up to 1 year / $4,000 |
| Felon in possession of firearm | 3rd Degree Felony | 2 – 10 years |
| Unlawful possession of firearm (other) | Class A Misdemeanor | Up to 1 year / $4,000 |
| Deadly conduct with firearm | 3rd Degree Felony | 2 – 10 years |
What to Do If Arrested on Weapons Charges
- Remain calm and cooperative
- Invoke your right to remain silent
- Ask for a lawyer immediately
- Note exactly how and where police found the weapon
- Remember: you do not have to consent to a search
- Reach for or gesture toward the weapon
- Explain where it came from
- Admit to ownership or prior knowledge
- Consent to any search
- Accept charges as inevitable
How Sara Roque Defends Weapons Charges
- Illegal search and seizure: If police found the weapon during an unlawful search, that evidence may be entirely suppressed.
- Constructive possession disputes: If the firearm was in a shared vehicle or location, the prosecution must prove you knew about it and had control over it.
- Restoration of rights: Some prior convictions that prohibit firearm possession can be challenged or petitioned for restoration.
- Proper carry: Texas license-to-carry laws are complex. Sara examines whether you were in full compliance and challenges any overreach by law enforcement.
Frequently Asked Questions
Do I need a license to carry a handgun in Texas?
Texas passed “Constitutional Carry” in 2021 — allowing most law-abiding Texans 21 and older to carry a handgun without a license. However, there are many exceptions including prohibited locations (schools, government buildings, bars) and prohibited persons (felons, domestic violence convictions). Violations are criminal offenses.
Can a felon own a gun in Texas?
Under most circumstances, no. Federal and Texas law prohibit felons from possessing firearms. In limited circumstances, state civil rights may be restored after completing your sentence — but federal restrictions remain. This is a complex area; consult an attorney.
What are prohibited locations for carrying firearms in Texas?
Schools, polling places, courts, government meetings, bars (with 51% sign), hospitals, amusement parks, churches (unless permitted), and correctional facilities, among others. Carrying in these locations — even with a license — is a criminal offense.
Facing Weapons Charges in Houston? Call Sara Roque Now.
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