A Fort Worth weapon offense can lead to jail time, stiff financial penalties, and leave you with a permanent criminal record. It can also cost you the right to own or possess a firearm in the future.
Fighting a weapons charge is a serious matter. Seeking the help of a weapon offense lawyer in Fort Worth can help protect your legal rights and improve your chances for a more favorable outcome.
Call the Law Offices of Randall B. Isenberg to get started on your defense today: 214-696-9253.
What are the basic weapons laws in Texas?
Almost anyone can own and possess a firearm in Texas, as long as you keep the weapon inside your home or vehicle and not in plain view. However, the restrictions you face depend on the type of firearm officers found you in possession of. Section 46 of the Texas Penal Code establishes the guidelines of the state’s weapon laws.
Texas Firearm Laws
In Fort Worth and throughout Texas, you may not possess, manufacture, transport, repair, or sell the following firearms, accessories, or ammunition.
- Short-barrel gun
- Machine gun
- Armor-piercing ammunition
You may carry a concealed weapon in Fort Worth, but only if you obtain a Texas License to Carry a Handgun (LTC) from the Department of Public Safety (TxDPS). The regulations for LTC are set forth in Title 7 of the Texas Administrative Code. While this licenses you to carry a gun, you cannot carry into restricted areas, including:
- Schools (does not include institutions of higher learning)
- Active polling places
- Government facilities
Additional restrictions for carrying a firearm include being a known member of a criminal street gang and having been legally prohibited from possessing a gun.
Texas Weapon Laws (non-firearm)
In Fort Worth and throughout Texas, you may not possess, manufacture, transport, repair or sell the following weapons.
- Switchblade or other illegal knife (e.g., any knife with a blade longer than five inches, dagger, sword, spear, bowie knife)
- Club (e.g., blackjack, nightstick, mace, tomahawk)
- Explosive device (e.g., bomb, grenade, rocket)
- Brass knuckles
- Chemical dispensing device
- Zip gun
- Hoax bomb
If officers found you in possession of any of the weapons above, call Randall B. Isenberg immediately. The faster you call us, the more time we will have to investigate your arrest and build your defense.
What are the penalties for Fort Worth weapon charges?
In many cases, a simple weapons violation results in a Class B or Class A misdemeanor charge. A Class B misdemeanor carries up to six months’ in jail and a $2,000 fine. A Class A misdemeanor can earn you up to one year in jail and a $4,000 fine.
Extenuating circumstances can elevate a weapon offense to a felony. Penalties for felony conviction depend on the degree of the charges.
State jail felony (possession of a tire deflation device)
Third-degree felony (possession of an explosive weapon, machine gun, short-barrel firearm, silencer, or armor-piercing ammunition, possession of a gun by a convicted felon)
Second-degree felony (aggravated charges)
First-degree felony (aggravated charges)
What if your weapon offense involves another crime?
If you have a weapon with you when committing a crime, the prosecutor will elevate your charges to “aggravated” status. For example, assault becomes aggravated assault if you commit the crime while in possession of a weapon. You do not have to use the weapon in the commission of the crime — you simply must have it in your possession or control.
In the case of an aggravated weapon offense, the potential penalties upon conviction will depend on the nature of the aggravating offense. Penalties will increase depending on where the incident took place and whether you have previous convictions.
In some cases, aggravated weapons charges may earn you federal weapons offense charges, rather than (or in addition to) state charges. This may involve going before a Texas grand jury or enduring a federal indictment.
We have experience handling both federal and state weapons charges. If you were engaged in another crime when you were found in illegal possession of a weapon, call us immediately after your arrest. We can represent you at your arraignment and protect your rights throughout the process.
How can a firearm or weapons charge lawyer help me?
The Fort Worth weapon offense attorneys at the Law Offices of Randall B. Isenberg are intimately familiar with federal and state laws governing guns and other weapons. This allows us to build a case for your defense or, if possible, negotiate with the prosecutor(s) to have your charges dropped or dismissed.
Having our team on-board early in the process can lead to a more favorable outcome in your case. Whether you were carrying a firearm unlawfully or you were in unlawful possession of a gun or another type of illegal weapon, a criminal defense attorney can provide the sound advice and guidance you need to make informed decisions about your future.
Having an attorney is even more important if you have any prior criminal convictions, or if your charges involve gun possession in an airport, government facility, or another highly sensitive, restricted location. Based on today’s concerns regarding national security, you can rest assured that prosecutors vigorously pursue the maximum sentence for cases of this nature.
Still not convinced you need an attorney to handle your case? Take a look at some of the results of our past weapons cases:
04-25-17 Unlawful Carrying of a Weapon (Misdemeanor) Dismissed
03-03-17 Aggravated Assault w/ deadly weapon. NO BILLED.
02-28-17 UPF by Felon (Felony) Continue Probation
02-02-17 Unlawful Carrying of a Weapon (Misdemeanor) Dismissed
01/24/2017 Unlawful Carrying of a Weapon (Misdemeanor) Dismissed
12/06/2016 Unlawful Carrying of a Weapon (Misdemeanor) Deferred Probation
11/29/2016 UCW (Misdemeanor) Deferred Probation
06/13/2016 UPF Felon PV, Cont. on Probation
01/22/2016 Possession of a Weapon in a Prohibited Place No Billed
04/28/2015 Unlawful Carrying of a Weapon Dismissed, Pursuant to TPC 12.45
12/15/2014 Unlawful Carrying of a Weapon Dismissed, Pursuant to TPC 12.45
05/27/2014 Poss Weapon Prohibited Place No Billed
05/22/2014 Possession of Prohibtive Weapon Dismissed, Conditional Dismissal
01/28/2014 Deadly Conduct Plea-Reduced to Class C Misdemeanor
12/05/2013 UPF Felon Dismissed, Unable to Present a Prima Facie Case
09/11/2013 Unlawful Carrying of a Weapon Dismissed, Unable to Present a Prima Facie Case
04/11/2013 Unlawful Carrying of a Weapon Dismissed, Conditional Dismissal
01/03/2013 Unlawful Carrying of a Weapon Reduced to Class C.
12/07/2012 Unlawful Carrying of a Weapon Dismissed, Plead to Another Case
09/27/2012 Possession of Prohibitive Weapon No Billed.
06/22/2011 Discharge of firearm in city. Reduced to Class C.
03/29/2011 Aggravated Assault w/ deadly weapon. NO BILLED.
02/21/2011 Unlawful carrying of a weapon, Dismissed.
04/22/2010 Unlawful carrying of a weapon, Dismissed.
02/22/2010 Possession of a prohibited weapon, Dismissed Through Memo Agreement.
02/04/2010 Unlawful carrying of a weapon, Dismissed.
02/02/2010 Possession of a prohibited weapon, Dismissed.
12/04/2009 Unlawful carrying of a weapon, Dismissed.
09/09/2009 Felony unlawful possession of a firearm, Dismissed.
03/12/2009 Making Firearm Accessible to a child, Dismissed.
02/19/2009 Felony unlawful carrying of a weapon, knife in a school zone, reduced to Class A Misdemeanor.
04/11/2008 Unlawful carrying of a weapon, By Bench Trial Not Guilty.
01/10/2008 Unlawful carrying of a weapon, By Bench Trial Not Guilty.
Call Randall B. Isenberg today.
If you are facing charges for a weapons crime, it is important that you contact us as quickly as possible. Whether you made a mistake or were in the wrong place at the wrong time, we can help you understand the charges against you and move quickly to mount a defense on your behalf.
The Law Offices of Randall B. Isenberg offers complimentary consultations and case reviews for potential clients facing gun charges. Contact us today to schedule your appointment with a weapon offense lawyer in Dallas-Fort Worth: 214-696-9253.