Texas wears its gun-friendly reputation like a badge of honor, but that reputation can be dangerously misleading. Behind the constitutional carry laws and open display culture lies a web of firearm regulations that can turn law-abiding gun owners into criminal defendants faster than you can draw from a holster. The difference between legal firearm possession and a felony charge often comes down to split-second decisions, minor technicalities, or circumstances completely beyond your control.

What makes firearm offenses particularly treacherous is how quickly they escalate. A simple traffic stop can reveal an improperly stored weapon, transforming a routine encounter into a criminal case. A moment of poor judgment during a heated argument can turn a misdemeanor into a felony carrying decades in prison. Understanding these common offenses isn’t just academic—it’s essential protection for anyone who owns or carries a firearm in Texas.

Most Common Firearm Offenses in Fort Worth

The most frequently prosecuted firearm offense in Fort Worth isn’t what most gun owners expect. While many people worry about carrying in the wrong location or forgetting their license, the reality is that unlawful carrying of a weapon—a Class A misdemeanor—encompasses a much broader range of scenarios than most realize. These cases often catch defendants off guard because they involve situations where firearm possession seemed perfectly legal until it wasn’t.

• Improper vehicle storage: Keeping a handgun in your car’s plain view without securing it in a holster violates Texas law, even if you’re legally allowed to possess the weapon
• Compound offense violations: When you’re cited for any other crime—even something as minor as possessing rolling papers—a legally stored firearm in your glove box suddenly becomes illegal contraband
• Prohibited location violations: Carrying firearms into schools, polling places, courts, or businesses with proper signage can result in third-degree felony charges with up to 10 years in prison
• Intoxication while carrying: Being under the influence of alcohol or drugs while armed transforms legal carry into a criminal offense, regardless of your intent to use the weapon
• Age-related violations: Despite recent court decisions allowing 18-20 year olds to carry, confusion about current laws leads to frequent arrests and charges

Understanding Texas firearm laws for felons is equally important for those with criminal histories that may affect their carrying rights.

Your Options When Facing Firearm Charges

Being charged with a firearm offense can feel overwhelming, but understanding your legal options is the first step toward protecting your future. The decisions you make immediately after being charged can significantly impact the outcome of your case.

Immediate Steps After Being Charged

Your first priority should be exercising your right to remain silent and requesting an attorney immediately. Anything you say can and will be used against you, even if you believe you’re explaining your innocence or providing helpful context. Avoid discussing your case with friends, family, or anyone else except your lawyer, as these conversations aren’t protected by attorney-client privilege and can be subpoenaed.

Common Defense Strategies

Many firearm cases can be challenged on constitutional grounds, particularly regarding unlawful searches and seizures. If police discovered your weapon through an illegal search during a traffic stop or home entry, that evidence might be suppressed. In compound violation cases, successfully challenging the underlying offense can eliminate the firearm charges entirely—if the drug paraphernalia charge gets dismissed, your legally possessed firearm is no longer contraband.

For cases involving displays of force or weapon discharge, self-defense arguments focus on whether your actions were reasonable given the threat you perceived at the time. However, it’s crucial to understand Texas self-defense misconceptions that could undermine your defense strategy.

Escalating Firearm Charges: From Misdemeanor to Felony

Firearm offenses exist on a spectrum that can shift dramatically based on your actions and circumstances. What begins as a simple carrying violation can quickly mushroom into felony charges carrying decades in prison.

Deadly Conduct Charges

Deadly conduct represents one of the most common ways firearm cases escalate beyond simple possession. This charge doesn’t require you to point a gun at someone or even threaten violence directly. Simply displaying a firearm in a way that could alarm others can trigger these charges, particularly in road rage incidents or confrontational situations where you’re trying to de-escalate tensions. The law recognizes that showing a weapon—even without malicious intent—can constitute threatening behavior that puts others in reasonable fear. Understanding deadly conduct with a firearm in Texas can help you recognize when your actions might cross into criminal territory.

Unlawful Discharge of a Firearm

Firing a weapon inappropriately transforms any firearm case into serious felony territory. This commonly occurs in road rage situations where someone feels compelled to fire warning shots into the air, or during celebrations like New Year’s Eve when people discharge weapons in residential areas. Even accidental discharge of a firearm can result in criminal charges. Texas law doesn’t recognize “warning shots” as legitimate self-defense, and celebratory gunfire carries severe penalties regardless of your intentions.

Aggravated Assault with a Deadly Weapon

The most serious escalation occurs when firearm possession crosses into aggravated assault territory. Simply pointing a firearm at another person—even without pulling the trigger—can result in first-degree felony charges carrying potential life sentences. The legal standard focuses on whether your actions caused the victim to fear imminent bodily injury, not on your intent or whether the weapon was loaded.

Real-World Scenarios and Legal Consequences

Consider the driver pulled over for a routine traffic violation who has a marijuana pipe in his console and a legally owned handgun in his glove box. The pipe alone might result in a minor drug paraphernalia citation, but its presence transforms the legal firearm into contraband, adding unlawful weapon charges to what should have been a simple ticket.

Road rage incidents demonstrate how quickly multiple charges can accumulate. A momentary lapse in judgment—showing your weapon to back down an aggressive driver—can result in deadly conduct charges. If the situation escalates and you point the gun, you’re facing aggravated assault. Fire a warning shot, and you’ve added unlawful discharge to a growing list of felonies.

Even well-intentioned actions carry serious risks. The homeowner who fires celebratory shots on New Year’s Eve thinks he’s safely discharging into the air, but those bullets must come down somewhere. When they damage property or endanger others, celebratory gunfire becomes a serious criminal matter with lasting consequences. Issues involving discharging a firearm on private property have specific legal guidelines that property owners should understand.

The justice system recognizes that every firearm case hinges on specific circumstances and split-second decisions. Factors like your perceived threat level, available alternatives, and the reasonableness of your response under the circumstances can determine whether you’re viewed as a defender or an aggressor.

What makes these cases particularly challenging is how normal, law-abiding citizens can find themselves facing serious charges. The combination of legal firearm ownership and poor timing, miscommunication, or simple bad luck can create criminal liability where none was intended. Understanding these risks isn’t about discouraging legal firearm ownership—it’s about recognizing when legal situations can become legal emergencies.

Get Experienced Legal Representation

Firearm charges don’t wait for convenient timing, and neither should your defense. The complexity of Texas firearm laws means that even well-intentioned gun owners can find themselves facing life-changing criminal charges based on split-second decisions or circumstances beyond their control.

At Norris Legal Group, we’ve built our practice on the foundation that every client deserves dignity, trust, and an unwavering fight for their future. Our track record speaks for itself—over 3,600 cases handled, more than 400 dismissals, and 60 client no-bills. When firearm charges threaten your freedom, your reputation, and your future, you need advocates who will stand with you as partners, protectors, and fierce defenders of your rights. Contact us today for a consultation.