San Antonio Gun Possession Attorney

Expert Gun Possession Attorneys in San Antonio, Texas

Weapon crimes in Texas are taken extremely seriously. The state enforces some of the nation’s strictest laws regarding the possession, use, and sale of firearms. A conviction can result in lengthy prison sentences, steep fines, and the permanent loss of your right to own a firearm.

If you’re facing gun-related charges, it’s critical to work with a San Antonio gun possession attorney who understands both state and federal law, the Texas Penal Code, and the nuances of Constitutional Carry (HB 1927). Attorney Brad Thornton has the experience to challenge the prosecution’s case and protect your future.

Meet Brad Thornton

Former Prosecutor, Skilled Defense Attorney

Brad Thornton has spent years in the courtroom defending clients and now fights for the rights of those accused of gun crimes. As a former prosecutor, Brad has worked cases ranging from assault to murder, giving him insider knowledge of prosecutorial strategy.

When you hire Brad, you benefit from someone who knows how the State builds its case, anticipates the arguments against you, and fights aggressively for the best possible outcome.
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Common Gun Charges in San Antonio, TX

Texas law (Penal Code Chapter 46) defines multiple firearm offenses. These can be charged as misdemeanors or felonies depending on the circumstances:

  • Unlawful Possession: Possessing a firearm without authorization, including by felons, those with domestic violence convictions, or in prohibited locations such as schools, polling places, hospitals, bars, courts, and amusement parks.
  • Sale or Transfer Violations: Selling or transferring firearms without a license, to minors, or across state lines illegally. Includes straw purchases or organized trafficking.
  • Carrying Weapons: Open or concealed carrying without eligibility (e.g., under 21, disqualifying convictions) in restricted areas. Some prior convictions may now qualify for expungement under new laws.
  • Discharge or Improper Display: Recklessly firing a gun or brandishing a weapon in public (Texas Penal Code § 42.01) can be prosecuted as disorderly conduct.
  • Prohibited Persons and Enhancements: Probationers, those with protective orders, or individuals involved in domestic assault face strict restrictions. Penalties increase if a gun is used during another felony or drug-related offense.

Penalties for San Antonio Gun Crimes (Punishment Ranges)

Penalties vary depending on the offense level, criminal history, and aggravating factors:

  • Misdemeanors: Up to one year in jail and fines.
  • Felonies: Can range from 2 to 99 years in prison, plus fines.
  • Aggravated Charges: Enhanced penalties apply if a weapon is used in violent crimes, drug offenses, or organized criminal activity.

The San Antonio gun possession lawyers at Thornton Criminal Defense work to mitigate potential penalties and develop a defense strategy tailored to your circumstances.

Punishment Ranges

Level of OffensePotential IncarcerationPotential Fine
First-degree Felony5 - 99 years in prisonUp to $10,000
Second-degree Felony2 - 20 years in prisonUp to $10,000
Third-degree Felony2 - 10 years in prisonUp to $10,000
State Jail Felony180 days - 2 years in jailUp to $10,000
Class A MisdemeanorUp to 1 year in jailUp to $4,000
Class B MisdemeanorUp to 180 days in jailUp to $2,000

Defenses to Gun Charges in Texas

Our team uses every legal tool available to challenge the State’s case, including:

  • Improper Search and Seizure – Challenging the legality of police searches or warrants (4th Amendment violations).
  • Lack of Knowledge or Intent – Proving you were unaware of the firearm or its illegal status.
  • Necessity/Duress – Demonstrating possession was necessary for self-defense or immediate peril.
  • Insufficient Evidence – Challenging circumstantial evidence linking you to the weapon.
  • Mental Impairment – When applicable, contesting criminal responsibility based on mental state.

Advanced Topics in Gun Defense

1. Felon in Possession: State Law, Federal Law, and the Cleansing Period

A charge of Felon in Possession (Texas Penal Code § 46.04) is complex due to the conflict between state and federal statutes. We focus on two key legal points:

  • The Texas Cleansing Period: Texas law provides a limited “cleansing period.” A convicted felon may possess a firearm only on the premises where the person lives starting on the fifth anniversary of their release from confinement, parole, or supervision.
  • The Federal Ban: Crucially, this is a state-law defense only. Federal law (18 U.S.C. § 922) generally imposes a lifetime ban on gun possession for most convicted felons. Compliance with Texas law does not prevent a federal prosecution, which is why consultation with an attorney knowledgeable in both state and federal gun law is essential.

2. Use of Force & Self-Defense (Castle Doctrine)

Texas law allows deadly force to protect yourself, others, or property from unlawful intrusion or attack. This includes:

  • Defending against forcible entry into a home, business, or vehicle.
  • Protecting yourself from attempted murder, kidnapping, or sexual assault.
  • Even felons may temporarily possess a firearm if necessary for immediate self-defense, provided they did not provoke the conflict.

3. Domestic Violence & Prohibited Places

  • Domestic Violence Convictions: Bars gun possession for five years (state) and often a lifetime (federal) for qualifying misdemeanors.
  • Prohibited Locations: Schools, bars, hospitals, court buildings, secured airport areas, and other restricted zones. Mistakes in these areas often result in charges.

4. Constitutional Carry & Concealed Handguns

Since 2021, Texas allows most adults to carry handguns without a license, but eligibility restrictions still apply:

  • No felons, domestic violence offenders, or certain misdemeanants.
  • Handguns must be inaccessible to minors.
  • CHLs provide reciprocity and additional protections in prohibited areas.

Federal vs. State Gun Charges

Federal charges can arise in cases involving interstate trafficking, prohibited persons (18 U.S.C. § 922), or ATF violations. Federal penalties are much harsher, sometimes up to life imprisonment. Brad Thornton’s prosecutorial experience allows him to navigate both state and federal cases effectively.

Frequently Asked Questions About Gun Possession Charges in Texas

Generally no, but after five years post-release, felons may possess on their own premises (Texas Penal Code § 46.04). Off-premises possession remains illegal, and federal law is stricter.
Firearms are banned in schools, courts, polling places, hospitals, bars (51%+ alcohol sales), and more. Permitless carry doesn't override these—check signs or statutes.
Ranges from misdemeanors (up to 1 year jail, $4,000 fine) to third-degree felonies (2–10 years prison, $10,000 fine), enhanced for priors or aggravating factors.
Self-defense, necessity, improper searches, lack of knowledge, or insufficient proof of intent. Expungement is possible for pre-2021 unlawful carry.
Yes, since September 1, 2021 (HB 1927), for those 21+ without disqualifying convictions. A CHL is still useful for reciprocity and waivers.
Yes, against imminent threats like robbery or home invasion—no retreat required in your home/vehicle (Texas "Stand Your Ground" laws).
Eligible for pre-2021 unlawful carry under HB 1927; felonies require petition after sentence completion. Consult an attorney for eligibility.

Contact Your San Antonio Gun Possession Lawyer Today

Gun charges in Texas carry serious, life-altering consequences. If you’re facing prosecution, you need an experienced criminal defense attorney immediately.

Attorney Brad Thornton can:

  • Evaluate the facts of your case
  • Explain your legal options
  • Negotiate aggressively for dismissals, reductions, or alternative resolutions

Call 210-439-5627 or fill out our contact form for a free consultation. Don’t risk your future—get the legal help you need today.

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