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Weapons Charges Defense in San Marcos & Hays County

Weapons charges in Texas range from a Class A misdemeanor unlawful carry to a third-degree felony felon-in-possession charge that also triggers a parallel federal prosecution. The Fourth Amendment stop that led to the arrest is often the most powerful defense tool available. Trial-tested criminal defense. Former prosecutor on staff. Over 930 dismissals or rejected cases since 2021. Call 737-937-5786.

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✓ 4th Amendment Challenges✓ Federal & State Defense✓ Hays County Courts✓ Available 24/7
Litigator of the Year 2023 — weapons charges defense attorney San Marcos Hays CountyMark Hull
Expertise.com Best Criminal Defense Lawyers Hays County — weapons charges defense TexasMark Hull*
National Trial Lawyers Top 100 — weapons defense attorney San Marcos Hays CountyMark Hull — 2022
Top 40 Under 40 — Allison Tisdale former prosecutor weapons charges defenseAllison Tisdale — 2022
Lawyers of Distinction — weapons charges defense attorney Hays County TexasMark Hull
Criminal Defense Top 10 — weapons charges defense San Marcos TexasMark Hull

*Based on the quality and quantity of reviews and average minimum rating for a law firm practicing criminal defense in Austin, TX researched by expertise.com

Weapons Charges in Hays County — State and Federal Exposure

Weapons charges in Texas are prosecuted under Penal Code Chapter 46. The most common charge in Hays County is Unlawful Carrying of a Weapon (UCW) under §46.02 — a Class A misdemeanor for carrying a handgun without a license to carry, or a higher-level charge in certain prohibited locations. More serious are the prohibited weapons charges under §46.05 and the felon-in-possession charge under §46.04, which is a third-degree felony under state law and can trigger a parallel federal prosecution under 18 U.S.C. §922(g) carrying up to 10 years in federal prison.

The most important thing to understand about weapons arrests in Hays County is that the Fourth Amendment governs the stop and the search. If the officer lacked reasonable suspicion to stop you or probable cause to search you, the weapon may be suppressible — and without the weapon, the case collapses. I evaluate every weapons case for Fourth Amendment violations before making any other recommendation. Allison Tisdale prosecuted these cases as a Texas state prosecutor and knows exactly how DA Kelly Higgins’s office evaluates the stop, the search, and the evidence. The suppression motion is where most weapons defenses are won or lost.

For LTC (License to Carry) holders, the charge analysis is different: carrying in a prohibited location, carrying while intoxicated, and displaying in a threatening manner are the primary exposure points. We evaluate the LTC status, the specific location, and the officer’s account of the circumstances on every case. Call 737-937-5786 immediately.

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Texas Weapons Charge Levels — Penal Code Chapter 46

The charge level depends on what was carried, where, and who was carrying it. Each level has a different court, different penalties, and different defense angles.

ChargeClassPenaltyKey Element
UCW — Unlicensed Handgun Carry§46.02(a) — outside of vehicle or premisesClass A Misd.Up to 1 yr • $4,000No LTC; not on own premises
UCW — Prohibited Location§46.02(a-1) — bar, school, polling place, court3rd Degree Felony2–10 yrs • $10,000Location elevates charge
UCW — School Zone Enhancement§46.11 — within 300ft of schoolEnhanced +1Elevates base charge by one levelGeographic proximity
Felon in Possession§46.04(a) — prior felony conviction3rd Degree Felony2–10 yrs • $10,000Prior felony + state charges
Federal Felon in Possession18 U.S.C. §922(g) — parallel federal prosecutionFederal FelonyUp to 10 yrs federal prisonPrior conviction + firearm/ammo
Prohibited Weapons§46.05 — explosive weapons, machine guns, short-barrel firearms3rd Degree Felony2–10 yrs • $10,000Weapon type determines charge
Deadly Conduct — Firearm§22.05(b) — knowingly discharging in direction of person3rd Degree Felony2–10 yrs • $10,000Reckless + direction of person
Weapons charges defense San Marcos — Fourth Amendment stop and search challenge in Hays County courts

The Fourth Amendment — Where Most Weapons Defenses Start

A weapons charge requires the prosecution to prove you possessed the weapon. That proof almost always comes from a police search. Which means the first question is always: was that search legal?

Under the Fourth Amendment, law enforcement needs reasonable articulable suspicion to stop you and probable cause to search you. An officer who pulls someone over for a minor traffic infraction and then conducts a full vehicle search without consent, a warrant, or a valid exception has likely violated the Fourth Amendment. If the court suppresses the weapon as fruit of an illegal search, the case is over — regardless of whether you actually possessed the weapon.

Texas courts evaluate weapons suppression motions under the same federal Fourth Amendment standard. We file suppression motions on every weapons case where the stop or search raises constitutional questions. In Hays County, many weapons arrests arise from traffic stops on IH-35 or Loop 82 — stops that sometimes lack the legal foundation the prosecution assumes they have. I pull the dashcam and bodycam footage, the dispatch logs, and the officer’s training records before making any assessment of the suppression argument.

Weapons charges defense attorneys San Marcos — Mark Hull and Allison Tisdale defending weapons cases in Hays County

How We Defend Weapons Charges in Hays County

Every weapons case in Hays County gets the same systematic analysis: the stop, the search, the charge level, and the federal exposure — in that order.

01
Evaluate the stop and search for Fourth Amendment violations

Was there reasonable suspicion for the stop? Was there consent, a warrant, or a valid exception for the search? We pull every available video and the officer’s account before anything else. A successful suppression motion ends the weapons case.

02
Evaluate the charge level and every enhancement

Was the location actually prohibited under §46.02(a-1)? Does the school zone enhancement under §46.11 actually apply to the specific location? Is the prior conviction that triggers the felon-in-possession charge final and valid? We scrutinize every element of the charge and every enhancement.

03
Assess parallel federal exposure immediately

If the client has a prior felony and the arrest involved a firearm or ammunition, federal prosecution under 18 U.S.C. §922(g) is a real possibility. We evaluate federal exposure from the first consultation and coordinate with federal defense counsel where necessary. State and federal charges require coordinated strategy.

04
Challenge the LTC or prohibited location analysis

For LTC holders, the question is whether the specific location was actually prohibited and whether the facts support the charge. Many locations that appear prohibited have exceptions for licensed carriers. We challenge the location designation and the officer’s legal analysis of the LTC applicability.

05
Engage DA Kelly Higgins’s office with documented suppression arguments

Allison Tisdale prosecuted weapons cases before joining the defense. She knows how this office evaluates its weapons files, what it considers a clean search, and what it knows is vulnerable to a suppression motion. We go in with specific documented constitutional arguments.

06
Evaluate record impact and expungement on every closed case

A dismissed weapons charge can be expunged under Texas Chapter 55. For felon-in-possession charges where the underlying conviction drove the charge, we evaluate whether the prior conviction can be challenged or distinguished.

Why Trial Experience Matters on Weapons Charges

Mark Hull has practiced criminal defense in Texas for over 20 years, with trial experience in Hays County, Travis County, Williamson County, and Caldwell County courts. Weapons suppression hearings are evidentiary hearings that require the same preparation and skill as trial.

Allison Tisdale prosecuted weapons cases in Texas courts before joining the defense. She understands how DA Kelly Higgins’s office evaluates its weapons files, what it considers a clean Fourth Amendment stop, and where the suppression argument has the most traction. We carry a 5.0 rating across 363 Google reviews and have achieved Over 930 dismissals or rejected cases since 2021 across Central Texas courts, including weapons charges where the Fourth Amendment stop was successfully challenged.

◆ Trial-Tested Criminal Defense

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

◆ Former State Prosecutor on Staff

Allison Tisdale prosecuted criminal cases as a Texas state prosecutor. She knows how DA Kelly Higgins’s office builds these cases — and where they fall apart.

◆ Tried Cases to Verdict in Hays County

When the evidence supports going to trial, we go. That changes how the prosecution values every prior negotiation.

◆ Over 930 dismissals or rejected cases since 2021

Hays County, Travis County, Williamson County — across all charge types and levels.

Over 930dismissal or rejected cases since 2021
5.0Google Rating (363 Reviews)
20+Years in Hays County Courts

Weapons Charges FAQ — Hays County & San Marcos

Common questions about weapons charges in Texas — answered with specific statute citations and Hays County court details.

Unlawful carrying of a weapon (UCW) under Penal Code §46.02 covers several acts. Under §46.02(a), intentionally, knowingly, or recklessly carrying a handgun outside of a vehicle or watercraft in a place other than the person's own premises is a Class A misdemeanor if the person does not have a License to Carry. The charge escalates to a third-degree felony under §46.02(a-1) if the handgun is carried in certain prohibited locations including bars serving alcohol for on-premises consumption, polling places during elections, courts, racetracks, and other specified venues. Location is the critical factor in the charge level.

Yes — weapons charges are among the most frequently dismissed criminal charges in Texas courts when Fourth Amendment violations are present. If the stop lacked reasonable suspicion or the search lacked probable cause, consent, a warrant, or a valid exception, the weapon can be suppressed. Without the weapon in evidence, the prosecution has no case. We evaluate every weapons arrest for Fourth Amendment issues before any other analysis. Call 737-937-5786 immediately — the earlier we preserve the stop and search records, the stronger the suppression argument.

Since September 2021, Texas law allows most adults 21 or older who can legally possess a firearm to carry a handgun in a holster (open or concealed) without a License to Carry under the permitless carry law. However, there are significant exceptions: certain prohibited locations still apply regardless of LTC status, carrying while intoxicated remains prohibited, and the federal felon-in-possession prohibition applies regardless of state law changes. For anyone with a prior felony conviction, carrying any firearm remains a state felony and a federal felony under 18 U.S.C. §922(g).

State weapons charges in Texas are prosecuted under Penal Code Chapter 46 in the Hays County Courts at Law (misdemeanors) or District Courts (felonies). Federal weapons charges — primarily felon-in-possession under 18 U.S.C. §922(g) — are prosecuted in the U.S. District Court for the Western District of Texas. Federal charges carry up to 10 years in federal prison and are served in federal facilities without state parole. State and federal charges can both arise from a single arrest, and the defense strategy must account for both tracks simultaneously.

Under Penal Code §46.04(a), a person who has been convicted of a felony and possesses a firearm before the fifth anniversary of their release from confinement, supervision, or community supervision (whichever is later) commits a third-degree felony: 2–10 years in TDCJ and up to $10,000 fine. After the fifth anniversary, possession is limited to the person's own premises. Federal law under 18 U.S.C. §922(g)(1) permanently prohibits any person convicted of a felony punishable by imprisonment for more than one year from possessing any firearm or ammunition — this federal prohibition has no five-year window and is lifetime.

Yes. Even with a License to Carry, carrying is prohibited in locations that post 30.06 (concealed) or 30.07 (open carry) signs under Penal Code §30.06 and §30.07. Statutory prohibited locations include bars or restaurants that derive more than 51% of income from alcohol sales (the 51% posting), polling places during elections, courts and court offices, racetracks, secured areas of airports, amusement parks, hospitals, correctional facilities, and certain governmental meeting locations. Schools have separate rules. We evaluate whether the specific location where the arrest occurred actually qualified as a prohibited location under the applicable statute.

Deadly conduct under Penal Code §22.05(b) is a third-degree felony when a person knowingly discharges a firearm at or in the direction of one or more persons, a habitation, a building, or a vehicle. It does not require that anyone be struck or injured — only that the discharge was directed toward a person or structure. This charge frequently arises from road rage incidents, disputes involving discharged firearms, and warning shots. We evaluate the intent element (“knowingly”) and the directional element on every deadly conduct case.

Call 737-937-5786 immediately. Do not consent to searches. Do not make statements to law enforcement about where the weapon came from, how long you had it, or why you had it. Invoke your right to counsel clearly and immediately. The Fourth Amendment analysis depends on what the officer documented about the stop and search — that documentation needs to be preserved and scrutinized from the earliest possible stage. The earlier we are involved, the stronger the suppression argument we can build.

Criminal Defense Resources — San Marcos & Hays County

Related pages covering criminal defense charges and defense strategy in San Marcos and Hays County.

Criminal Defense San Marcos

Full criminal defense hub for San Marcos — all charge types in Hays County courts.

Assault Defense

Assault charges in Hays County — simple, aggravated, family violence, and ADW.

Assault with Deadly Weapon

Deadly weapon definition, self-defense, and Castle Doctrine in felony assault cases.

Expungement San Marcos

Clearing a dismissed weapons charge from your record under Texas Chapter 55.

Hays County Courts Guide

Guide to the Hays County Courts at Law and District Courts.

DWI Defense San Marcos

DWI defense for Hays County — all charge types and defense strategies.

Probation Violations

MTR and MTTI defense — what happens when the state moves to revoke probation.

Juvenile Defense

Juvenile weapons charges and record sealing in Hays County Family Court.

What Our Clients Say

5.0 stars • 363 Google reviews from clients across 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. I see exactly why they received multiple awards for best law firm in the state.”

BS
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. I highly recommend Mark Hull and The Hull Firm.”

SH
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.”

Weapons Charge in San Marcos or Hays County? Call Us Today.

The Fourth Amendment is the most powerful tool in weapons defense. We evaluate every stop and search on every weapons case from day one. Call 737-937-5786 — 24 hours a day, 7 days a week.

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For educational purposes only. Not legal advice. Contact us for a free, confidential consultation specific to your case.

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