By Nathaniel Pitoniak on October 13th, 2025 in Criminal Defense
Concealed weapons offenses in Houston involve unlawfully carrying a handgun or other prohibited weapon in a way that is not openly visible, often leading to serious criminal charges under the Texas Penal Code.
A gun crimes lawyer from the Law Office of Nathanial Pitoniak can provide detailed guidance and support to fight against criminal charges or allegations.
We know the laws around firearms in Texas. Find out during a free case evaluation with an experienced criminal defense law firm. Call (832) 315-6283 or complete a brief online form to schedule a confidential case assessment exploring your legal rights and options.
Key Takeaways About Concealed Weapons Offenses
- Regulations and Legality: Texas law has specific rules about who can carry a weapon, where they can carry it, and how it must be carried. Not complying with these regulations can lead to an Unlawful Carrying of a Weapon (UCW) charge, even if you believe you are within your rights.
- Types of Weapons: The law covers more than just handguns. Offenses can involve illegal knives, clubs, and other items defined as prohibited weapons under the Texas Penal Code.
- Potential Charges: A concealed weapons offense can be charged as a Class A misdemeanor or escalate to a felony, depending on the circumstances, location of the offense, and the individual’s criminal history.
- Navigating the Justice System: The Law Office of Nathaniel Pitoniak understands the complexities of weapons charges in Houston and how Harris County prosecutors approach these cases.
An Overview of Texas Concealed Weapons Laws
Concealed weapons offenses are primarily addressed under Texas Penal Code Section 46.02, which lays out how and when carrying a handgun or other prohibited weapon crosses the line into a criminal charge.
While Texas law allows most adults 21 and older to carry a handgun without a license, the reality is much more complex than many realize.
Specific statutes outline the difference between lawful possession and unlawful carrying, as well as the circumstances that turn a seemingly innocent act into grounds for arrest or prosecution.
Criminal defense lawyers interpret how the law applies to each case based on where, how, and why law enforcement found the weapon. Their involvement can help scrutinize details that often determine whether a case is dismissed, prosecuted as a misdemeanor, or escalated to a felony.
What Constitutes a “Concealed” Weapon?
Concealed weapons laws hinge on whether a weapon is intentionally kept out of plain view.
A firearm doesn’t need to be expertly hidden to meet this definition; if it’s in a glove compartment, under a seat, inside a bag, or tucked into clothing where an ordinary observer cannot easily see it, it may be classified as concealed.
Key elements that often prompt legal scrutiny include:
- Positioning a firearm so that others cannot immediately recognize it
- Stowing a weapon under objects or within containers in a vehicle or bag
- Carrying a gun covered by clothing or tucked into a waistband or purse
- Any attempt to carry a weapon in a way that partially obstructs visibility
The line between concealed and openly carried can be thin. A criminal defense lawyer carefully analyzes how police discovered the weapon to build an effective legal strategy, challenging the prosecution’s claims.
Prohibited Places: Where Carrying a Weapon is Illegal
Failing to honor these restrictions can add a trespassing charge on top of any weapons-related offense.
Even individuals who would otherwise legally carry a handgun can face criminal charges for possession in certain locations.
State law and related statutes identify a long list of places where firearms are strictly forbidden, and a violation in these zones often results in harsher penalties:
- Educational facilities, including schools and universities
- Polling places during voting
- Government offices, including courthouses
- Secure areas of airports
- Bars and similar establishments deriving most revenue from alcohol sales
- Sporting events at the high school, collegiate, or professional level
- Jails, prisons, and other correctional facilities
- Hospitals and nursing homes, when notice is provided
- Amusement parks, when notice is provided
The extensive list of restricted places means even well-intentioned people face charges. A lawyer’s immediate involvement can effectively challenge the charges and protect your rights when mistakes occur.
What Are The Legal Outcomes For Criminal Weapons Charges in Houston, TX?
Without a lawyer, alleged perpetrators may face some of the state’s harshest penalties, including:
- Misdemeanor convictions resulting in up to a year in jail and steep fines
- Felony charges tied to location or prior offenses, which carry multi-year prison sentences and even larger financial consequences
- Long-term criminal records that impact employment, housing, and personal reputation
- Immigration consequences such as deportation, denial of reentry, or loss of legal status for non-citizens
With the help of a legal professional from the Law Office of Nathaniel Pitoniak, alleged offenders can receive dedicated legal support to fight for outcomes such as:
- Case dismissals due to procedural mistakes or lack of evidence
- Charge reductions that lower penalties or lessen the lasting impact
- Diversion programs or deferred adjudication to avoid a permanent record
- Alternative resolutions focused on treatment or counseling, especially when mental health is a factor
- Vigorous advocacy for immigration-safe outcomes if non-citizen status is at risk
The difference between facing charges alone and working with a criminal defense lawyer can help shape the legal outcome in meaningful ways.
What Defenses Can A Gun Charges Lawyer Use To Fight Concealed Weapons Offenses in Texas?
When facing a firearms offense, a defense lawyer’s primary role is to protect your rights and challenge the prosecution’s case at every turn. A conviction is not automatic. Several effective defense strategies may be available.
Challenging the Legality of the Traffic Stop or Search
Many concealed weapons charges begin with a traffic stop or search. For these actions to hold up in court, law enforcement must follow strict legal protocols:
- Officers must have reasonable suspicion to stop a vehicle.
- Searches require probable cause or voluntary consent.
- Evidence obtained through unlawful stops or searches may be inadmissible.
A defense lawyer will carefully review police reports, bodycam footage, and other evidence to identify any violations of constitutional rights. If the stop or search was unlawful, the weapon and other evidence may be suppressed, often leading to a dismissal of charges.
Disputing Intent to Carry a Weapon
Prosecutors must prove that the accused knowingly or recklessly carried the weapon. This can be a challenging element to establish, especially in cases involving:
- Borrowed vehicles where the accused was unaware of the weapon’s presence.
- Situations where the weapon belonged to another individual, such as a passenger.
By casting doubt on the prosecution’s ability to prove intent, a defense lawyer can weaken their case and create opportunities for a favorable resolution.
Addressing Mental Health Factors
In some cases, a person’s actions may be influenced by untreated or undiagnosed mental health conditions. A mental health defense lawyer can advocate for alternative resolutions that focus on treatment rather than punishment, such as:
- Deferred adjudication programs.
- Mental health court dockets designed to address underlying issues.
These approaches not only reduce the immediate consequences of a conviction but also provide long-term support for individuals facing mental health challenges.
The Comprehensive Impact of a Weapons Conviction in Houston, TX
A weapons conviction is more than just a legal issue. It’s a life-altering event with consequences that ripple through every aspect of a person’s future.
Immigration Consequences for Non-Citizens
For non-citizens, including visa holders, permanent residents, and DACA recipients, a weapons conviction can lead to severe immigration outcomes, such as:
- Deportation or removal from the United States.
- Denial of reentry into the country.
- Ineligibility for naturalization or other immigration benefits.
The Supreme Court has emphasized that defense attorneys must inform clients of these potential consequences. At the Law Office of Nathaniel Pitoniak, there is a deep understanding of navigating these complexities to protect a client’s freedom and their ability to remain in the country.
Barriers to Employment and Housing
A criminal record from a weapons conviction can create significant obstacles when seeking employment or housing. Employers and landlords often conduct background checks, and a conviction can:
- Limit access to certain jobs, especially those requiring professional licenses.
- Reduce housing opportunities due to rental application denials.
A defense lawyer can work to minimize these long-term consequences by pursuing outcomes that avoid a permanent criminal record, such as deferred adjudication or case dismissal.
Loss of Gun Ownership Rights
A weapons conviction can result in the loss of the right to own or possess firearms, which is particularly impactful for individuals who rely on firearms for personal protection or professional purposes. This restriction can:
- Be permanent in cases involving felony convictions.
- Extend to other legal penalties, such as probation or parole conditions.
Legal representation is essential to explore options for restoring these rights or mitigating the impact of a conviction.
Social and Personal Repercussions
Beyond legal penalties, a conviction can strain personal relationships and damage reputations. Individuals may face:
- Stigma within their community or professional network.
- Challenges in rebuilding trust with family and friends.
By addressing the charges proactively and working toward favorable outcomes, it’s possible to reduce the personal toll of a conviction and move forward with confidence.
Texas Weapons Offenses FAQs
Can I carry a handgun in my car without a license in Texas?
In most cases, you can carry a handgun in your vehicle without a license as long as you are legally permitted to possess a firearm, the handgun is not in plain view, and you are not engaged in criminal activity. However, complexities arise if you have prior convictions or are in a restricted area.
What is the difference between a misdemeanor and a felony weapons charge?
The main difference lies in the severity of the potential punishment. A misdemeanor typically involves up to a year in county jail, while a felony involves potential time in state prison. Factors like the location of the offense (e.g., a bar) or your criminal history can elevate a charge from a misdemeanor to a felony.
Should I talk to the police if I am accused of a weapons offense?
It is not advisable to speak with law enforcement about the details of an alleged crime without a lawyer present. You have the right to remain silent, and anything you say can be used against you. Always exercise your Fifth Amendment rights, and wait to say anything until you speak with a criminal defense lawyer.
How can domestic violence allegations affect my right to own a firearm?
Federal and state laws can restrict firearm possession for individuals subject to a domestic violence protective order or convicted of a domestic violence-related offense. An accusation or charge can lead to the temporary or permanent loss of your gun rights, which may require careful legal handling.
What is a “club” under Texas weapons law?
Texas Penal Code § 46.01 defines a “club” as an instrument specially designed, made, or adapted to inflict serious bodily injury or death by striking a person. This includes weapons like a blackjack, nightstick, mace, or tomahawk.
Unlawfully carrying a club falls under the same general statutes as a handgun and can result in an Unlawful Carrying of a Weapon charge.
If police arrest me for a weapons offense, what happens next?
After an arrest, law enforcement takes you to the Harris County jail for booking, where they record your information and take your fingerprints. A magistrate then sets your bond.
Immediately contact a criminal defense lawyer.
Your lawyer can file a Writ of Habeas Corpus to review the legality of your detention, prepare for your bond hearing, and begin gathering evidence to challenge the charges immediately.
Does federal law also apply to gun charges in Houston?
Yes. While Texas state law primarily governs concealed weapons, federal law prohibits certain individuals, such as convicted felons or those with specific misdemeanor domestic violence convictions, from possessing any firearm.
If you face charges, your lawyer must review both state and federal prohibitions to ensure your defense addresses the maximum potential legal exposure.
Facing Gun Charges in Houston, Texas? Contact The Law Office of Nathantiel Pitoniak for Comprehensive Legal Support
A concealed weapons charge directly threatens your freedom, reputation, and future opportunities. Understanding the charges, the potential penalties, and the available defenses is the first step toward protecting yourself.
Do you need legal help addressing Harris County weapons charges? Contact the Law Office of Nathaniel Pitoniak online or at (832) 315-6283 to schedule a confidential case assessment.
