Free consultations · Available nights & weekends · Call 979-485-9954
Free consultations · Available nights & weekends · Call 979-485-9954
Home / Criminal Defense / Weapons Charges
Texas firearm law changed substantially with permitless carry, and enforcement has not entirely caught up. Free consultation: 979-485-9954.
Most weapons charges in Brazos County arise from a traffic stop or a call where a firearm was present, not from anyone intending to break the law. Where you were, whether you were engaged in other criminal activity, and your prior record decide whether it is a citation or a felony.
Texas permits eligible adults to carry a handgun without a license, but the exceptions do the work: prohibited places, intoxication, being engaged in criminal activity other than a Class C traffic offense, and prior convictions all remove the protection.
Attorney Donnie Andreski spent more than 20 years with the College Station Police Department, finishing as the lieutenant over criminal investigations. Attorney Adam Andreski prosecuted cases in Harris and Brazos County before joining the defense. Officers do not always apply those exceptions correctly, and a charge filed on a misreading of the statute is a charge that can be dismissed.
Unlawful possession of a firearm by a felon depends on timing, location, and how the possession is proved. Federal and state prohibitions also arise from family violence convictions and active protective orders — categories many people do not know apply to them.
Constructive possession in a shared car or home is often the weakest part of the State’s case.
| Charge | Classification | Exposure |
|---|---|---|
| Unlawful carrying of a weapon | Class A misdemeanor | Up to 1 year jail, up to $4,000 fine |
| Carrying while intoxicated | Class A misdemeanor | Up to 1 year jail |
| Unlawful possession of a firearm by a felon | Third-degree felony | 2–10 years prison |
| Prohibited weapon | Third-degree felony | 2–10 years prison |
| Firearm in a prohibited place | Varies by location | Class A misdemeanor to third-degree felony |
Penalty ranges are general. Enhancements, prior convictions, and the facts of your case can change the exposure significantly.
Permitless carry has exceptions, and the most common charge follows from one of them — intoxication, a prohibited place, or being alleged to be engaged in other criminal activity. Whether the exception truly applied is litigable.
Then the State has to prove you knowingly possessed it. Access is not possession, and shared spaces make that proof considerably harder.
Texas and federal law treat this differently, and the answer depends on the offense, the disposition, and time elapsed. It is worth a specific evaluation rather than assuming the answer is never.
Before you assume the charge is valid, let a former police lieutenant read the report. Free consultation — 979-485-9954.
