Weapons Charge Defense in McKinney

A weapons conviction in Texas can cost you prison time and your right to own a gun. These cases run from unlawful carry to felon-in-possession, and state and federal gun law often disagree about the same conduct. Texas moved to permitless carry in 2021, and Kent knows where the old restrictions still bite.

If your arrest happened in McKinney, Frisco, or anywhere else in Collin County, you need a weapons charge lawyer in McKinney who works these cases where they are actually heard. Kent has practiced criminal law since 1997, and his office is in McKinney, the county seat. Before you explain anything to an officer or a detective, call (214) 982-1408 and talk to Kent first.

Understanding Texas Weapons Charges Under Penal Code Chapter 46

Texas Penal Code Chapter 46 addresses various weapons-related offenses, ranging from misdemeanors to serious felonies depending on the circumstances and the individual's criminal history.

Unlawful Carry Weapons (UCW)

Prior to September 2021, most adults needed a License to Carry (LTC) to legally carry a handgun in public. HB 1927 (effective September 1, 2021) established permitless carry for most individuals over 21 who are not otherwise prohibited from possessing firearms. However, many restrictions still apply regarding where you can carry and who can legally possess firearms.

Most unlawful carry charges under Penal Code §46.02 are Class A misdemeanors, punishable by up to a year in county jail and a fine up to $4,000. Carrying on premises licensed to sell alcohol can raise the charge to a felony. And permitless carry never applied to everyone: if a prior conviction or an active protective order disqualifies you from possessing a firearm, the permitless carry law gives you no cover at all.

Prohibited Weapons

Texas law prohibits certain weapons regardless of licensing status, including:

• Explosive weapons
• Machine guns
• Short-barrel firearms
• Armor-piercing ammunition
• Chemical dispensing devices
• Zip guns

Prohibited Places Under Penal Code §46.03

Even people who can lawfully carry everywhere else commit an offense by carrying in places Penal Code §46.03 puts off limits. The list includes schools and school activities, polling places during voting, courts and offices used by the courts, the secured area of an airport, and businesses that earn more than half their income from alcohol sales. Most §46.03 violations are third-degree felonies, which surprises people who assumed a sign on the door meant a ticket. Whether the required notice was actually posted, and whether you left promptly once you were asked to, can matter a great deal in these cases.

Felon in Possession

Both Texas state law (Penal Code §46.04) and federal law (18 U.S.C. §922(g)) prohibit individuals with certain felony convictions from possessing firearms. Federal charges often carry harsher penalties and mandatory minimums.

Under §46.04, the state charge is a third-degree felony, 2 to 10 years. Texas bars possession until the fifth anniversary of your release from confinement or supervision, and even after that date it allows possession only at the premises where you live. Federal law gives no such ground. 18 U.S.C. §922(g) has no five-year window and no home exception, and the Armed Career Criminal Act can add a 15-year mandatory minimum for someone with three qualifying prior convictions. The gap between what Texas allows and what federal law punishes catches people every year, which is one reason Kent handles both state and federal criminal cases.

How a Weapons Charge Moves Through the Collin County Courts

If you were arrested on a weapons charge anywhere in Collin County, you were most likely booked into the Collin County Detention Facility at 4300 Community Ave. in McKinney. Within about 48 hours you go before a magistrate, who reads the charge and sets bond. For a Class A misdemeanor unlawful carry, bond is usually modest. For felon in possession or a prohibited-place felony, expect a higher amount, and expect conditions. Magistrates routinely order you not to possess any firearm while the case is pending.

The charge level decides where the case lands. Most misdemeanor weapons cases are heard in the Collin County Courts at Law, and felonies go to the district courts after a grand jury reviews the indictment. Both sit at the Russell A. Steindam Courts Building, 2100 Bloomdale Road in McKinney. The Collin County District Attorney's Office prosecutes weapons cases at both levels.

The early settings are mostly about discovery. Your attorney receives the offense report, the dashcam and bodycam video, and the firearms examiner's report if one exists. In a weapons case that video is usually the whole ballgame. It shows how the stop began and what the officer said to justify the search. It also shows where the gun actually was when it was found. Kent reviews that footage before any conversation about a plea begins, because the suppression question has to be answered first.

Building a Defense Against Weapons Charges in Texas

Effective defense strategies often focus on:

• Challenging the legality of searches and seizures: Many weapons charges arise from traffic stops or investigations where law enforcement allegedly discovered firearms. If the search violated your Fourth Amendment rights, the evidence may be suppressed.
• Establishing lack of knowledge or control: To convict you of possession, prosecutors must prove you knew the weapon was present and exercised control over it.
• Examining statutory exemptions: Certain individuals (like law enforcement officers or military personnel) may have exemptions that apply to their situation.
• Demonstrating compliance with current laws: Showing that your actions were permissible under the specific version of Texas firearm law that was in effect at the time of the alleged offense.

Where the gun was found matters. Texas treats your own home and your own vehicle differently from a public street. A handgun in a car you own or control is generally lawful for an adult who is not otherwise prohibited, as long as it is not in plain view outside a holster. If the gun sat in your glove box or center console, the first question is whether §46.02 even reaches that conduct.

Does the prior conviction actually qualify? A §46.04 case depends entirely on the prior. Whether an out-of-state conviction counts as a Texas felony and whether a deferred adjudication counts as a conviction at all are real legal questions, not technicalities. So is the exact date the five-year clock started running. Kent examines the judgment in the underlying case before conceding anything about the current one.

Was it a firearm at all? Chapter 46 defines its terms precisely. Certain antique and replica firearms fall outside the statutory definition, and a short-barrel charge depends on actual measurements and federal registration status. Kent does not take the offense report's description of the weapon at face value.

Recent Changes to Texas Firearm Law (Post-2021)

Understanding how legislative changes affect your case is critical:

HB 1927 (Permitless Carry)

Effective September 1, 2021, this law allows most individuals 21 and over to carry handguns without a License to Carry, provided they are not prohibited from possessing firearms under other state or federal laws.

HB 2622 (Sanctuary Jurisdiction)

This law prevents state and local officials from enforcing certain federal gun regulations, though its practical application continues to evolve through court challenges.

Federal Weapons Charges We Defend

In addition to state charges, Kent Starr handles federal weapons offenses including:

• Felon in possession of a firearm (18 U.S.C. §922(g))
• Armed Career Criminal Act enhancements
• Firearms use in connection with drug trafficking crimes
• Illegal importation or manufacturing of firearms

Federal weapons cases often involve mandatory minimum sentences and require defense strategies built around the federal sentencing guidelines.

Courts We Serve for Weapons Charges Throughout North Texas

Kent Starr regularly appears in weapons-related cases in:

• Collin County courts (McKinney and Plano)
• Dallas County courts
• Tarrant County courts
• Denton County courts
• And courts throughout Rockwall, Kaufman, Ellis, Johnson, and Parker Counties

He also handles federal weapons charges in the Northern and Eastern Districts of Texas.

Frequently Asked Questions About Weapons Charges in Texas

Is it legal to carry a gun in my car in Texas?

Generally yes. If you are not otherwise prohibited from possessing a firearm, you can keep a handgun in a vehicle you own or control, but it cannot be in plain view unless it is in a holster. The protection also falls away if you are engaged in criminal activity beyond a minor traffic violation. Most unlawful carry arrests in Collin County start as ordinary traffic stops, so the legality of the stop is often the first question Kent examines.

I have a felony conviction. When can I legally own a gun again in Texas?

Texas Penal Code §46.04 bars possession until the fifth anniversary of your release from confinement or from parole or probation supervision, whichever is later. After that, state law allows possession only at the premises where you live. Federal law is stricter. 18 U.S.C. §922(g) contains no five-year exception and no home exception, so possession that Texas law permits can still be charged as a federal felony. Before you bring a firearm into your home, talk to a lawyer about how both systems apply to your record.

Is unlawful carry a misdemeanor or a felony in Texas?

Most unlawful carry charges under §46.02 are Class A misdemeanors, punishable by up to a year in county jail and a fine up to $4,000. Carrying on premises licensed to sell alcohol can raise the charge to a felony, and carrying in a prohibited place under §46.03, such as a school or a courthouse, is generally a third-degree felony carrying 2 to 10 years in prison. The charge level decides which Collin County court hears your case, so getting the classification right from the start matters.

How We Serve Collin County for Weapons Charges

McKinney Weapons Charge Defense

Kent represents weapons charge clients from McKinney, and their county-level cases are heard in the Collin County courts in McKinney, the county seat. Texas weapons law has changed in recent years, including HB 1927 (permitless carry) and HB 2622, and those changes shape how these cases are charged and defended.

Plano Weapons Charge Defense

Kent represents weapons charge clients from Plano; their county-level cases are heard in the Collin County courts in McKinney.

Frisco Weapons Charge Defense

Kent represents weapons charge clients from Frisco; their county-level cases are heard in the Collin County courts in McKinney, and cases arising in the Denton County portion of Frisco can be filed in Denton County.

Allen Weapons Charge Defense

Kent represents weapons charge clients from Allen, and their county-level cases are heard in the Collin County courts in McKinney.

Schedule Your Free Weapons Charge Consultation Today

If you are facing a weapons charge in McKinney, Plano, or anywhere in North Texas, don't wait to seek experienced legal representation. Call (214) 982-1408 today to speak with Kent Starr directly. Free initial consultation. Payment plans and credit cards are accepted. Se habla español. Nós falamos português.

Weapons cases file with the Collin County District Attorney in McKinney, and some cross into federal court. The firm's Collin County criminal defense hub covers the county side of the process.