Waco Firearm Charges in McLennan County

Texas weapon laws are complicated. It is easy for someone to violate serious Texas gun laws and face felony charges without realizing they were doing it.


While the 2nd Amendment to the U.S. Constitution states that a citizen’s right to bear arms shall not be infringed, both state and federal laws exist that decrease the use and transport of firearms in Texas. Typically arrests are made for guns that are being bought or sold, or just being carried by the person who has been arrested on a weapons charge. The facts of the case determine whether the criminal defense attorney can convince a prosecutor to dismiss a gun charge.


Texas law enforcement emphasizes prosecuting people charged with gun offenses. Prosecutors do not want to risk a person to roam with a weapon.


What are the laws on firearms in Texas?

There are many Texas and federal laws regulating firearms. The purpose of these laws is to ensure citizens possess and operate firearms without endangering the community. The main firearm charges brought in Texas or the federal system include:


  • Unlawful Possession of a Firearm
  • Unlawful Discharge of a Firearm
  • Possession of a Firearm by a Convicted Felon
  • Unauthorized Trafficking in Firearms
  • Airport Arrest

If you are charged with any of these firearm offenses in Waco, it is important that you seek assistance right away.


Texas Gun Charges in McLennan County

Sec. 46.02. UNLAWFUL CARRYING WEAPONS.

(a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club if the person is not:


(1) on the person’s own premises or premises under the person’s control; or

(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person’s control.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person’s control at any time in which:

(1) the handgun is in plain view; or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01 of the Texas Penal Code.

Even if you have a concealed carry permit, you can be charged with unlawful carry of a weapon if you are also charged with any crime a Class B Misdemeanor or higher.

You can legally possess a loaded handgun in your car or truck if the weapon is not in “plain view.” That means that the gun cannot be viewed on an inspection of the interior of your vehicle without opening any closed containers in the vehicle.

Unlawful Possession of a Firearm

Possession of a Firearm by a Felon
Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM.

(a) A person who has been convicted of a felony commits an offense if he possesses a firearm:

(1) after conviction and before the fifth anniversary of the person’s release from confinement following conviction of the felony or the person’s release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or

(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.

(b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person’s family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:

(1) the date of the person’s release from confinement following conviction of the misdemeanor; or

(2) the date of the person’s release from community supervision following conviction of the misdemeanor.

(c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Chapter 7A, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order.

(d) In this section, “family,” “household,” and “member of a household” have the meanings assigned by Chapter 71, Family Code.

(e) An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (b) or (c) is a Class A misdemeanor.

(f) For the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense:

(1) is designated by a law of this state as a felony;

(2) contains all the elements of an offense designated by a law of this state as a felony; or

(3) is punishable by confinement for one year or more in a penitentiary.

(g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense:

(1) is not designated by a law of this state as a felony; and

(2) does not contain all the elements of any offense designated by a law of this state as a felony.

Possession of a Prohibited Weapon
Sec. 46.05. PROHIBITED WEAPONS.

(a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

(1) an explosive weapon;

(2) a machine gun;

(3) a short-barrel firearm;

(4) a firearm silencer;

(5) knuckles;

(6) armor-piercing ammunition;

(7) a chemical dispensing device;

(8) a zip gun; or

(9) a tire deflation device.

Theft of a Firearm & Possession of a Stolen Firearm
Under Texas Penal Code 31.03(e)(4), theft of a firearm or possession of a stolen firearm is punishable as a State Jail Felony; the relevant Texas Penal code provision is the Theft statute.

Sec. 31.03. THEFT.

(a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.

… … …

(e)(4)(C) An offense under this section is a state jail felony if the property stolen is a firearm,

Texas Weapons Laws – License to Carry a Firearm
A license to carry permit allows Texas residents who are older than 21 to carry a handgun, provided they apply for a license and meet certain requirements.

You can be disqualified from a license if you have been convicted of a felony or some misdemeanors, pending criminal charges, chemical or alcohol dependency, certain types of psychological diagnoses, protective or restraining orders, or defaults on taxes, governmental fees, student loans or child support.

It is essential to know that even if you are a license holder, there are situations where you can be charged with unlawfully carrying a firearm.

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.

(a) A license holder commits an offense if the license holder carries a handgun on or about the license holder’s person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place.

(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder’s person:

(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;

(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;

(3) on the premises of a correctional facility;

(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;

(5) in an amusement park; or

(6) on the premises of a church, synagogue, or other established place of religious worship.

(c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, at any meeting of a governmental entity.

(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.

(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer’s employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.

(f) In this section:

(1) “Amusement park” means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

(2) “License holder” means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.

(3) “Premises” means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.

(h) It is a defense to prosecution under Subsection (a) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9.

(h-1) It is a defense to prosecution under Subsections (b)(1), (2), and (4)-(6), and (c) that at the time of the commission of the offense, the actor was:

(1) a judge or justice of a federal court;

(2) an active judicial officer, as defined by Section 411.201, Government Code; or

(3) a district attorney, assistant district attorney, criminal district attorney, assistant criminal district attorney, county attorney, or assistant county attorney.

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.

(j) Subsections (a) and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission.

(k) A defense to prosecution under Subsection (b)(1) if not given effective notice under Section 411.204.


Federal Weapons Crimes in Waco

There are several different weapons and firearms offenses listed under the United States Code. Crimes listed under Unlawful acts in Title 18 U.S. Code § 922 include:


  • Engagement in business of importing, manufacturing, or dealing in firearms, Title 18 U.S. Code § 922(a)(1) — Up to five years in prison.
  • Shipment or transport of firearm to unlicensed recipient, Title 18 U.S. Code § 922(a)(2) — Up to five years in prison.
  • Receipt of firearm from out of state by unlicensed person, Title 18 U.S. Code § 922(a)(3) — Up to five years in prison.
  • Interstate transport of certain weapons by unlicensed person, Title 18 U.S. Code § 922(a)(4) — Up to five years in prison.
  • Transfer, sale, or transport of weapon by unlicensed person to another unlicensed, out-of-state person, Title 18 U.S. Code § 922(a)(5) — Up to five years in prison.
  • False statements in connection with purchase of firearm, Title 18 U.S. Code § 922(a)(6) — Up to 10 years in prison.
  • Manufacture or importation of armor-piercing ammunition, Title 18 U.S. Code § 922(a)(7) — Up to five years in prison.
  • Sale or delivery of armor-piercing ammunition, Title 18 U.S. Code § 922(a)(8) — Up to five years in prison.
  • Sale to juvenile, Title 18 U.S. Code § 922(b)(1) — Up to five years in prison.
  • Sale to person in violation of state law, Title 18 U.S. Code § 922(b)(2) — Up to five years in prison.
  • Sale to out-of-state recipient, Title 18 U.S. Code § 922(b)(3) — Up to five years in prison.
  • Sale of certain prohibited weapons, Title 18 U.S. Code § 922(b)(4) — Up to five years in prison.
  • Sale without proper record-keeping, Title 18 U.S. Code § 922(b)(5) — Up to five years in prison.
  • Sale to prohibited person, Title 18 U.S. Code § 922(d) — Up to 10 years in prison.
  • Delivery of firearm to common carrier without written notice, Title 18 U.S. Code § 922(e) — Up to five years in prison.
  • Possession of firearm by prohibited person, Title 18 U.S. Code § 922(g) — Up to 10 years in prison.
  • Shipment or transport of stolen firearm, Title 18 U.S. Code § 922(i) — Up to 10 years in prison.
  • Receipt, possession, concealment, storage, barter, sale, or disposal of stolen firearm, Title 18 U.S. Code § 922(j) — Up to 10 years in prison.
  • Possession, receipt, shipment, or transport of firearm with altered or obliterated serial number, Title 18 U.S. Code § 922(k) — Up to five years in prison.
  • Importation or receipt of firearms, Title 18 U.S. Code § 922(l) — Up to five years in prison.
  • Falsification of records by licensee, Title 18 U.S. Code § 922(m) — Up to one year in prison.
  • Shipment, transport, or receipt of firearm by person under felony indictment, Title 18 U.S. Code § 922(n) — Up to five years in prison.
  • Possession of machine gun, Title 18 U.S. Code § 922(o) — Up to 10 years in prison.
  • Manufacture, importation, sale, shipment, or possession of firearms designed to avoid detection, Title 18 U.S. Code § 922(p) — Up to five years in prison.
  • Possession or knowing or reckless discharge of firearm in school zone, Title 18 U.S. Code §§ 922(q)(2) and 922(q)(3) — Up to five years in prison.
  • Assembly of shotgun or semiautomatic rifle from imported parts, Title 18 U.S. Code § 922(r) — Up to five years in prison.
  • Sale or transfer of handgun without background check, Title 18 U.S. Code § 922(s) — Up to one year in prison.
  • Transfer of firearm without background check, Title 18 U.S. Code § 922(t) — Up to one year in prison.
  • Theft of firearms from licensee, Title 18 U.S. Code § 922(u) — Up to 10 years in prison.
  • Possession, transfer, or manufacture of semiautomatic assault weapon, Title 18 U.S. Code § 922(v) — Up to five years in prison.
  • Possession or transfer of large capacity ammunition feeding device, Title 18 U.S. Code § 922(w) — Up to five years in prison.
  • Sale or transfer of handgun to juvenile, Title 18 U.S. Code § 922(x)(1) — Up to 10 years in prison.
  • Possession of handgun by juvenile, Title 18 U.S. Code § 922(x)(2) — Up to one year in prison.

Offenses listed under Penalties in Title 18 U.S. Code § 924 include:

  • Shipping, transport, or receipt of firearm with intent to commit felony, Title 18 U.S. Code § 924(b) — Up to 10 years in prison.
  • Carrying, using, or possessing firearm in connection with crime of violence or drug trafficking crime, Title 18 U.S. Code § 924(c) — Up to 30 years in prison.
  • Armed Career Criminal Act (convicted person who has three prior convictions for serious drug offenses or violent felonies), Title 18 U.S. Code § 924(e) — Mandatory minimum sentence of 15 years in prison.
  • Interstate travel to acquire or transfer firearm with intent to commit specified offenses, Title 18 U.S. Code § 924(g) — Up to 10 years in prison.
  • Transfer of firearm knowing it will be used to commit specified offenses, Title 18 U.S. Code § 924(h) — Up to 10 years in prison.
  • Causing death during crime of violence or drug trafficking crime — Title 18 U.S. Code § 924(j) — Punishable by death or life in prison.
  • Smuggling firearm into U.S. with intent to commit specified offenses, Title 18 U.S. Code § 924(k) — Up to 10 years in prison.
  • Theft of firearm, Title 18 U.S. Code § 924(l) — Up to 10 years in prison.
  • Theft of firearm from licensee, Title 18 U.S. Code § 924(m) — Up to 10 years in prison.

Other weapons and firearms crimes listed elsewhere in the U.S. Code include:

  • Crime of violence or drug trafficking crime while in possession of armor-piercing ammunition, Title 18 U.S. Code § 929(a) — Mandatory minimum sentence of five years in prison.
  • Possession of firearm in federal facility, Title 18 U.S. Code § 930(a) — Up to one year in prison.
  • Failure to register as dealer, manufacturer, or importer, or to pay required tax, Title 26 U.S. Code § 5861(a) — Up to 10 years in prison.
  • Receipt or possession of unregistered firearm, Title 26 U.S. Code § 5861(d) — Up to 10 years in prison.
  • Receipt or possession of firearm with obliterated, removed, or altered serial number, Title 26 U.S. Code § 5861 — Up to 10 years in prison.
  • Receipt or possession of firearm unidentified by serial number, Title 26 U.S. Code § 5861(i) — Up to 10 years in prison.
  • Transport, delivery, or receipt of unregistered firearm, Title 26 U.S. Code § 5861(j) — Up to 10 years in prison.
  • Receipt or possession of unlawfully imported firearm, Title 26 U.S. Code § 5861(k) — Up to 10 years in prison.
  • Knowingly making false entry on application or record, Title 26 U.S. Code § 5861(l) — Up to 10 years in prison.

Waco Gun Crime Attorney

If you were arrested for a weapon or gun crime in Waco, you need an aggressive, experienced gun attorney on your side. We have nearly 100 years in criminal law and know how to spot weaknesses in the prosecution’s case. Call our Waco criminal defense lawyers for a free case evaluation at 254-753-6437. While you’re waiting on your appointment, please read our frequently asked questions about criminal defense.

Contact a criminal justice attorney about your weapons charges at 254-753-6437.