Weapons Charges in El Paso

Texas Weapons Offenses Under Penal Code Chapter 46

Texas Penal Code Chapter 46 addresses unlawful carrying, prohibited places, prohibited weapons, and firearm possession restrictions. The applicable provision, available exceptions, and charge level depend on the item involved, the location, the accused person’s legal status, and the surrounding circumstances.

Allegations under Chapter 46 may involve:

• Unlawful carrying of a weapon: Allegedly carrying a handgun or another covered weapon under circumstances prohibited by Section 46.02.
• Possession in a prohibited place: Allegedly carrying a weapon in a location covered by Section 46.03.
• Unlawful firearm possession: Alleged possession by a person subject to restrictions under Section 46.04.
• Prohibited weapons: Alleged possession, manufacture, transport, repair, or sale of an item regulated by Section 46.05.
• Unlawful transfer: Allegedly transferring certain weapons in violation of Section 46.06.

The allegation may stand alone or accompany another accusation, such as assault, burglary, robbery, or a drug offense. Some circumstances may also raise separate federal firearm issues, but determining whether federal law applies requires an independent analysis of the facts.

Evidence That Can Shape a Weapons Defense

We examine both the alleged possession and how law enforcement obtained the evidence. Finding a weapon near someone doesn’t establish by itself that the person knowingly possessed or controlled it.

Important questions may include:

• Whether officers had a lawful basis for the stop, search, seizure, or arrest.
• Whether body-camera footage, surveillance video, or witness accounts support the police report.
• Whether the weapon was found on a person, inside a vehicle, or in a shared location.
• Whether the chain of custody documents how the evidence was collected and handled.
• Whether the charging language matches the item and conduct described in the evidence.

Bond conditions, protective orders, probation terms, and prior convictions may restrict firearm possession while a case is pending. We review the provisions that apply to each client rather than relying on general assumptions about Texas carry laws.