What to Do if You Are Charged with a Gun Crime in Texas?

By Justin Surginer

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Criminal Defense , Gun Crime

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Last Modified on Feb 12, 2026

If you’re charged with a gun crime in Texas, the looming consequences can be a scary reality to face. Knowing what to do if you are charged with a gun crime in Texas can be overwhelming. If you don’t know where to start, the smartest place is with a Texas gun crime attorney who has a history of successful verdicts.

Texas is a state with fairly loose gun laws. However, the penalties can be harsh for those who break them. If you’re facing criminal firearm charges in Texas, it is highly recommended that you hire a Houston gun crime lawyer to protect your rights and potentially get your charges reduced.

Texas Gun Crime Laws

The Texas Penal Code establishes state gun crime laws, and anyone who owns a firearm should familiarize themself with these statutes. Otherwise, you may carry your gun into the wrong place. Suddenly, you can be charged with Unlawful Carrying of a Weapon when you didn’t even realize you were breaking the law.

Texas does not require individuals to have a permit to carry firearms, concealed or in the open. They do have strict exceptions as to where guns can be carried.

Unlawful Carrying of a Weapon

Even though Texas is a permitless carry state, there are restrictions on who can carry and where they can carry. In Texas, you cannot carry a firearm if:

• You are under 21 years of age, unless you are in the military.
• You are intoxicated.
• You are committing a crime.

In addition, you cannot carry a firearm into certain prohibited places, like amusement parks or polling sites. Courthouses, schools, and other public places are also not included in permitless carry privileges.

Unlawful Possession of a Firearm

Individuals who are already legally barred from having a gun can receive this charge. Under HB 1927 and federal law, you cannot carry a gun if you’re a felon or convicted of family violence, with some exceptions. Even holding a gun in these cases might result in a felony charge.

Aggravated Assault with a Deadly Weapon

This is one of the most serious gun crime charges you can get in Texas. If you threaten someone with a gun, shoot someone, cause harm with a gun, or use a gun for robbery, assault, or another violent act, you are committing aggravated assault with a deadly weapon. You can get this charge for just pointing a gun at someone.

In 2024, Texas crimes involved 46,839 handguns, 18,357 firearms, and 2,541 rifles. The ATF reported Houston as the city with the second-highest number of gun crimes in the country, only lower than Chicago.

The Ben Taub Hospital in Houston, which is a level 1 trauma center, is the primary receiving hospital for violent crime victims in Harris County. Because there is so much gun violence in Texas, a lawyer is essential for those charged with gun crimes.

What to Do if You Are Charged With a Gun Crime in Texas

If you are charged with a gun crime in Texas, contact a Texas gun crime attorney as soon as possible. Don’t answer any questions without your lawyer. An attorney can provide you with the legal advice you need to prevent self-incrimination and work aggressively to protect your rights.

They can analyze the evidence against you to identify any holes in the prosecution’s case. Challenging discrepancies can help in negotiations to lower charges and penalties.

If you are charged with a gun crime, your attorney may be able to negotiate less severe charges or downgrade a felony to a misdemeanor. This can also diminish long-term consequences.

Why Choose Us?

If you are facing gun crime charges in Texas, you need a Texas gun crime attorney who is familiar with the Texas criminal justice system. Surginer Stewart, PLLC, has more than 30 years of experience in criminal defense. They have represented clients in both state and federal courts.

Don’t make the mistake of opting out of legal representation or hiring an attorney without a successful track record. This can put your future into jeopardy.

FAQs

How Long Do You Go to Jail for a Gun Charge in Texas?

Jail time for a misdemeanor gun charge in Texas can last up to one year. Felony gun crimes, however, skip jail and go right to prison. A second-degree felony gun charge can result in anywhere from two to 20 years in prison. A first-degree felony gun charge can carry a prison sentence from five to 99 years.

Does a First-Time Felony Conviction Result in Prison Time in Texas?

Yes, a first-time felony conviction usually results in prison time in Texas. Some offenders can get probation, but it is not guaranteed. Many firearm-related felonies carry mandatory prison time. When a deadly weapon is involved or an offense is aggravated, mandatory minimum prison time is likely. An experienced attorney can work to help you get your charges lowered or dismissed to reduce overall penalties.

Can You Get in Trouble if Someone Commits a Crime With Your Gun?

Yes, you can get in trouble if someone commits a crime with your gun, especially if you knowingly allowed them to take possession of it. If someone took your gun without your knowledge and committed a crime with the weapon, this is considered a different circumstance. Speak with a criminal defense attorney for information about your specific situation.

What Is the 7 Year Rule?

The 7-year rule is for arrest records. 7 years after an arrest, these charges cannot be reported to credit agencies. This can impact your finances and credit outlook. This is federal law, but it only applies to charges. A conviction can be reported at any point, unless it is expunged from your record. Some crimes might not be eligible for expungement.

Hire a Gun Crime Lawyer Who Can Work for You

If you have pending gun crime charges, you need a reliable gun crime attorney to represent your case. Surginer Stewart, PLLC, can provide the legal resources you need. Contact our office to speak to an attorney today.