Weapons Charges Defense San Antonio

Weapons Charges in Bexar County — State and Federal Exposure in a Military City

Weapons charges in San Antonio operate on two levels simultaneously: Texas state law under Penal Code Chapter 46, and federal law under 18 U.S.C. §922. The most common charge in Bexar County is Unlawful Carrying of a Weapon under Penal Code §46.02 — a Class A misdemeanor when the weapon is not a firearm, elevated to a third-degree felony when a license to carry is absent and the weapon is carried on or about the person. Felon in possession of a firearm under §46.04 is a third-degree felony. Federal felon-in-possession under 18 U.S.C. §922(g)(1) carries a statutory maximum of 10 years federal prison with no mandatory minimum — but under the Armed Career Criminal Act, three prior qualifying offenses can trigger a 15-year mandatory minimum.

San Antonio’s military population adds a dimension that does not exist in most Texas cities. Active duty personnel at Fort Sam Houston, Lackland Air Force Base, and Randolph Air Force Base who acquire a weapons conviction face immediate consequences under the Uniform Code of Military Justice (UCMJ) and military regulations that can include loss of security clearance, inability to carry a service weapon, and administrative separation. These non-criminal military consequences are often more immediate and more career-damaging than the criminal sentence itself.

Most weapons arrests in San Antonio arise from traffic stops on IH-35, IH-10, and Loop 410. The Fourth Amendment analysis of the stop — and whether the search that uncovered the weapon was lawful — is the starting point on every Bexar County weapons case. Call 210-692-4913 the day of the arrest.

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Texas Weapons Charge Levels — Penal Code Chapter 46

The charge level depends on the weapon type, the person’s prior record, and the location. Federal charges add a separate exposure layer on every case involving a firearm.

Charge	Level	Penalty	Key Issue
UCW — Non-FirearmPenal Code §46.02(a) — illegal knife, club	Class A Misd.	Up to 1 yr • $4,000	Definition of illegal knife or club challengeable
UCW — Firearm (No LTC)Penal Code §46.02(a-1) — handgun without LTC	3rd Degree Felony	2–10 yrs • $10,000	Most common felony weapons charge in SA
Felon in PossessionPenal Code §46.04 — prior felony conviction	3rd Degree Felony	2–10 yrs • $10,000	Prior felony must be proven • 5-year restriction on certain felonies
Prohibited Place CarryPenal Code §46.03 — school, court, bar	3rd Degree Felony	2–10 yrs • $10,000	Location must be specifically proven
Federal Felon in Possession18 U.S.C. §922(g)(1) — parallel federal charge	Federal	Up to 10 yrs federal • ACCA: 15 yr mandatory	DEA/ATF referral on IH-35/IH-10 arrests
Firearm + FV Conviction18 U.S.C. §922(g)(9) — Lautenberg Amendment	Federal	Up to 10 yrs federal	Lifetime prohibition after misdemeanor FV conviction

Weapons charges defense San Antonio — Fourth Amendment stop challenge and UCW felon in possession Bexar County courts

The Fourth Amendment — Where Most Bexar County Weapons Defenses Start

Most weapons arrests in San Antonio arise from traffic stops — primarily on IH-35, IH-10, Loop 410, and US-281. SAPD officers, Bexar County Sheriff’s deputies, and DPS Troopers conducting vehicle stops frequently discover firearms during searches. Whether that search was constitutionally justified is the first question we ask on every weapons case in Bexar County.

A traffic stop requires reasonable articulable suspicion. A search of the vehicle interior requires either consent, probable cause, a search warrant, or a recognized exception such as the automobile exception following a valid arrest. A stop that lacks legal justification, or a search that exceeds the scope of the authority available to the officer, makes any weapon found suppressible under the Fourth Amendment and Texas Code of Criminal Procedure Art. 38.23.

For weapons charges that accompany drug arrests on IH-35 or IH-10, the same Fourth Amendment suppression argument that ends the drug case ends the weapons case — both were found in the same search. We coordinate the entire multi-count defense from the start.

Weapons charges defense attorneys San Antonio — Mark Hull and Allison Tisdale defending UCW and felon in possession in Bexar County

How We Defend Weapons Charges in Bexar County

Fourth Amendment first. Federal exposure evaluated simultaneously. Military career consequences addressed at the first consultation.

01

Evaluate the stop and search for Fourth Amendment violations

Was the traffic stop legally justified? Was the vehicle search based on valid consent, probable cause, or a proper exception? A weapon found during an unconstitutional search is suppressible. Without the weapon, the prosecution has no weapons case regardless of the charge level.

02

Challenge the weapon’s classification

Whether a specific knife qualifies as an ‘illegal knife’ under §46.01(6), whether a specific item qualifies as a ‘club’ under §46.01(1), and whether a firearm was being carried ‘on or about’ the person are all legal questions with specific statutory definitions that we evaluate and challenge where the facts support it.

03

Evaluate the LTC status and applicable exemptions

Texas §46.15 provides numerous exceptions to UCW liability: security officers, CHL holders (for applicable weapons), certain government employment contexts, and on-premises exceptions. We evaluate every applicable statutory exception on every Bexar County UCW case.

04

Assess federal exposure on every firearm arrest

For felony weapons cases and felon-in-possession cases in San Antonio, federal prosecution under 18 U.S.C. §922(g) is a realistic possibility — particularly on IH-35 and IH-10 arrests where DEA and ATF involvement is common. Federal penalties differ significantly from state charges. We evaluate federal exposure at the first consultation on every firearms case.

05

Address military career consequences immediately

For clients at Fort Sam Houston, Lackland AFB, or Randolph AFB, a weapons conviction triggers UCMJ implications, potential security clearance revocation, and administrative separation proceedings that run parallel to the criminal case. We coordinate with military defense counsel on cases involving service members.

06

Engage DA Gonzales’s office with documented arguments

Allison Tisdale prosecuted criminal cases in Texas state courts before joining the defense. She knows how Bexar County’s Narcotics and Major Crimes units evaluate weapons files and what documented Fourth Amendment arguments produce dismissal.

Weapons Defense in Bexar County — trial-tested, Federal and Military Exposure

Mark Hull has 20+ years of Texas criminal defense experience and has defended weapons charges — from UCW misdemeanors through federal felon-in-possession cases — in the Bexar County Courts at Law and District Courts for over 20 years. San Antonio’s military population and proximity to IH-35 and IH-10 creates a weapons case profile with federal and military dimensions that require specific experience.

Allison Tisdale prosecuted criminal cases as a Texas state prosecutor before joining the defense. We carry a 5.0 rating across 363 Google reviews and Over 930 dismissals or rejected cases since 2021 across Bexar County and Central Texas courts.

◆ Trial-Tested Criminal Defense

20+ years of Texas criminal defense experience. Bexar, Travis, Williamson, and Hays county courts. Mark Hull.

◆ Former State Prosecutors on Staff

Mark Hull and Allison Tisdale prosecuted criminal cases in Texas courts before joining the defense. They know how DA Joe Gonzales’s office builds cases — and where they fall apart.

◆ 20+ Years in Bexar County Courts

Regular appearances at the Cadena-Reeves Justice Center. We know the prosecutors, the judges, and how the Bexar County docket moves.

◆ Over 930 dismissals or rejected cases since 2021

Bexar County, Hays County, Travis County, and surrounding Central Texas courts.

Over 930dismissal or rejected cases since 2021

5.0Google Rating (363 Reviews)

20+Years in Bexar County Courts

Weapons Charges FAQ — San Antonio & Bexar County

Common questions about weapons charges in Bexar County courts.

What is Unlawful Carrying of a Weapon in Texas?+

UCW under Penal Code §46.02 prohibits carrying a handgun on or about your person without a License to Carry (LTC) — a third-degree felony. Carrying an illegal knife or club intentionally is a Class A misdemeanor. The charge depends on the weapon type, the location, and whether a valid LTC exists. Texas §46.15 provides statutory exceptions that may apply depending on your specific circumstances.

Can a weapons charge be dismissed if the stop was illegal?+

Yes. If the traffic stop or search that uncovered the weapon lacked legal justification under the Fourth Amendment, the weapon is suppressible under Art. 38.23. Without the weapon, the prosecution has no weapons case. We evaluate the stop and search on every Bexar County weapons case before making any other recommendation.

How do weapons charges affect military service at Fort Sam Houston or Lackland AFB?+

A weapons conviction — even a state misdemeanor UCW — can trigger security clearance review, loss of authorization to carry a service weapon, and administrative separation proceedings at Fort Sam Houston, Lackland AFB, or Randolph AFB. The UCMJ and applicable AR/AFI regulations impose consequences that run independently of the civilian criminal case. We evaluate military consequences at the first consultation on every case involving service members.

Is there federal exposure on a state weapons charge in Bexar County?+

Yes — particularly for felon-in-possession arrests on IH-35 or IH-10. ATF and DEA coordinate with SAPD and BCSO on significant weapons arrests in San Antonio. Federal felon-in-possession under 18 U.S.C. §922(g)(1) carries up to 10 years federal prison. Under the Armed Career Criminal Act, three prior qualifying violent or drug felonies can trigger a 15-year mandatory minimum. We evaluate federal exposure from the first consultation on every Bexar County firearms case.

Does Texas allow you to carry a firearm in your vehicle without an LTC?+

Texas law was updated to allow carry of a handgun inside your own vehicle or watercraft without an LTC under §46.02(a-1), provided you are not otherwise prohibited from possessing a firearm, you are not engaged in criminal activity, and you are not a member of a criminal street gang. The specific requirements matter — if any condition is not met, the exemption does not apply. We evaluate every applicable statutory exception on every UCW case.

What should I do after a weapons arrest in San Antonio?+

Call 210-692-4913 immediately. Do not make statements about the weapon, how you obtained it, or whether you have a prior record. The Fourth Amendment analysis depends on the specific facts of the stop and search. The federal exposure evaluation needs to happen the same day. Call us before anything else.

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What Our Clients Say

5.0 stars • 363 Google reviews from clients across Bexar County, Hays County, Travis County, and Central Texas.

RL

Ronnicka Lopez

★★★★★

Google

“After two years, the case was dismissed and dropped. They made this whole ordeal easy, kept me in the loop, told me exactly what to expect. Mrs. Allison is such an amazing and sweet lady — the whole team.”

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Blake Shires

★★★★★

Google

“My case was dismissed. Mr. Hull was patient, attentive, and consistently communicative from start to finish. He explained every step and made sure I felt supported throughout.”

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Shawn Hallman

★★★★★

Google

“These attorneys were responsive, intelligent, and relentless. I appreciated how they always had a plan and stayed one step ahead. If you’re facing criminal charges, you want them on your side.”

210-692-4913

Weapons Charges Defense in San Antonio — Bexar County

Weapons Charges in Bexar County — State and Federal Exposure in a Military City

Texas Weapons Charge Levels — Penal Code Chapter 46

The Fourth Amendment — Where Most Bexar County Weapons Defenses Start

How We Defend Weapons Charges in Bexar County

Weapons Defense in Bexar County — trial-tested, Federal and Military Exposure

Weapons Charges FAQ — San Antonio & Bexar County

Weapons Defense Resources — San Antonio & Bexar County

Criminal Defense Hub

Assault Defense

Drug Charges

DWI Defense

Expungement San Antonio

San Antonio Criminal Defense

What Our Clients Say

Weapons Charge in San Antonio? Call Us Now.