Gun Charges

Austin Gun Crime Lawyer

Experienced Criminal Trial Lawyer Serving Texans

While Texas laws regarding guns are among the most free in the country, many statutes still exist governing various aspects of this issue. These laws can be confusing and, if you are not well aware of all of the details, you may find yourself facing a gun charge. At The Law Office of Will Mitchell serving clients throughout the greater Austin area, we can provide the legal guidance and support you need when facing any type of gun offense. With more than 15 years of experience in handling cases involving guns and weapons, our Austin gun charge defense lawyer has a depth of understanding regarding the statutes, justice procedure, and the local court systems that can work to your advantage.


Arrested on gun charges? Reach out to The Law Office of Will Mitchell at (512) 858-8611 for a free, initial consultation about your case.


Texas Gun Laws

In Texas, anyone who is 18 years old or above can own a firearm. In order to purchase a gun from a federally licensed dealer, you must be 21. To carry a handgun, you must obtain a license to carry (LTC)after doing a required training course. You cannot have any felony convictions or be drug-addicted, and must be capable of sound judgment, and pass a background check. Once you have an LTC, you may only openly carry a handgun that is in a shoulder or belt holster. You may be asked for your license by law enforcement when openly carrying.

Those who may not own a firearm include minors under the age of 18, convicted felons within five years of their release or parole, and inmates in prison. Under Texas law, some weapons are prohibited, such as machine guns, short-barreled firearms, and firearms silencers.

Types of Gun Crimes

Common gun offenses in the state can include:

Unlawful carrying of a weapon, which is defined as intentionally, knowingly, or recklessly carrying a handgun or an illegal weapon in a public area. This law also makes it illegal to carry without an LTC. It may be charged as a misdemeanor or a felony, depending on the circumstances.

Possession of a gun by a felon which refers to anyone who has been convicted of either a state or federal felony; these individuals lose their right to own a gun for five years. Violation of this law generally leads to a third-degree felony.

Unlawful transfer of a gun which refers to selling or providing a handgun to someone younger than 18, someone whom you know intends to use it in an unlawful way, someone who is under the influence of an intoxicant, someone who is a felon, or someone who is subject to a protective order prohibiting gun possession.

Discharging a gun in a reckless manner within a municipal area.

Illegal gun trafficking.

What are the Penalties for Gun Crimes?

Gun offenses may result in a misdemeanor or felony charge. Misdemeanor charges can lead to fines of up to $4,000, jail time of up to a year, and probation. Felony charges can lead to lengthy prison terms and fines of up to $10,000. A conviction will result in a permanent criminal record that can damage your ability to obtain employment, rental housing, or educational aid. It can result in being stripped of professional licenses as well.

Legal Guidance from The Law Office of Will Mitchell

Various types of defense strategies may apply to your case but this can only be accomplished with the help of competent and aggressive legal representation. Our firm is here to help you navigate the justice system with proper guidance and an aim towards minimizing the consequences.


Talk to our Austin gun charges defense attorney at (512) 858-8611 today.


Founding Attorney

Will Mitchell

Will Mitchell is a DWI/Criminal Defense Attorney with his primary office in Austin, Texas, where he has practiced law since 2006. The Law Office of Will Mitchell accepts criminal cases statewide.  The primary focus of Will’s practice is intoxicated related offenses, driver’s license issues, and drug possession cases.
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