What Happens With Weapons Charges in San Antonio?

UCW, felon in possession, and prohibited place carry charges are prosecuted by the Bexar County DA's office. The Fourth Amendment analysis of the stop that produced the weapon determines most cases.

Weapons Charges in Bexar County Courts

Unlawful Carrying of a Weapon, felon in possession, and prohibited place carry charges in Bexar County are prosecuted by the Bexar County District Attorney’s office at the Cadena-Reeves Justice Center. UCW — carrying a handgun in a vehicle without being licensed or meeting statutory exceptions — is a Class A misdemeanor under Penal Code §46.02. Felon in possession is a third-degree felony. Carrying in a prohibited place (school, polling place, court facility) is a third-degree felony. The defense strategy on every San Antonio weapons case begins with the Fourth Amendment analysis of the stop or encounter that produced the weapon.

The Stop and Search Analysis

Most weapons charges in San Antonio arise from traffic stops by SAPD, DPS Troopers, or Bexar County Sheriff’s deputies on IH-10, IH-35, Loop 1604, or the River Walk area. The questions are:

  • Did the stop have a legal basis — specific, articulable facts of a traffic violation?
  • Was the search of the vehicle lawful — was there consent, probable cause, or a warrant?
  • If the weapon was found on the person, was the patdown lawful under Terry v. Ohio?

A search conducted without consent, without valid probable cause, or without a warrant makes the weapon inadmissible under Art. 38.23. Without the weapon in evidence, the Bexar County DA’s office cannot prove the charge.

Texas License to Carry and Lawful Carry Exceptions

Texas law provides multiple lawful carry exceptions beyond a License to Carry. Firearms may be carried in a private motor vehicle without a license if the carrier is not a prohibited person and is not engaging in criminal activity. Understanding whether the specific circumstances of the carry fell within a lawful exception is part of every weapons charge evaluation.

What to Do After a Weapons Charge in San Antonio

Call 210-692-4913 immediately. SAPD bodycam and dashcam footage must be preserved before retention windows close. The stop and search documents must be obtained. The faster your attorney is retained, the more complete the Fourth Amendment analysis we can build before the case moves forward at Cadena-Reeves.

20+ years San Antonio criminal defense experience. Allison Tisdale, former Travis County DWI prosecutor on staff. Over 930 dismissals or rejected cases since 2021 in Bexar County.

210-692-4913 — Free Consultation
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