Houston gun crime attorneys at the Law Office of Nathaniel Pitoniak defend clients charged with firearms offenses under both Texas and federal law.
In Texas, gun charges can range from Class A misdemeanors to first-degree felonies, while federal firearms convictions may carry penalties of up to 15 years in prison.
Building an effective defense requires a careful analysis of the specific allegations, the circumstances surrounding the arrest, and whether the case is being prosecuted in state or federal court.
Whether you were accused of unlawfully carrying a weapon during a traffic stop or are facing a felon-in-possession charge with significant prison exposure, the Law Office of Nathaniel Pitoniak represents clients throughout Houston in both state and federal weapons cases.
Call (832) 315-6283 to arrange a confidential consultation today.
How Does Our Firm Defend Houston Gun Crime Cases?
Our firm starts every weapons case during the investigation phase. Nathaniel Pitoniak spent years as both a Felony Prosecutor and Chief Prosecutor at the Harris County District Attorney’s Office before practicing criminal defense for over 17 years.
What Does That Prosecution Experience Mean for Your Defense?
Nathaniel understands how Harris County prosecutors build intent arguments in possession cases and where evidentiary gaps appear. That courtroom experience gives our firm a practical understanding of how to challenge firearms evidence at its weakest points.
What Results Has the Firm Achieved in Weapons Cases?
In appropriate cases, our firm has secured dismissals involving felony weapons charges and other firearms offenses.
In several matters, Nathaniel presented evidence to grand juries that resulted in no-bills, meaning the grand jury declined to indict. Each case turns on its own facts. Past results do not guarantee future outcomes.
Who Is Nathaniel Pitoniak?
Nathaniel holds a law degree from the University of Houston Law Center and graduated with honors from UT Austin in three years.
He belongs to the Harris County Criminal Lawyers Association (HCCLA), holds an Excellent rating on Avvo, an A+ from the Better Business Bureau (BBB), and recognition from Super Lawyers. He is available 24/7 at (832) 315-6283.
What Do Gun Crimes Look Like in Texas?
Texas firearms law covers a broad range of offenses under Chapter 46 of the Texas Penal Code.
- Texas adopted permitless carry in 2021, but restrictions still apply based on age, location, criminal history, and manner of carrying
- Unlawful carrying of a weapon (UCW) under § 46.02 is the most common firearms offense, typically a Class A misdemeanor
- Unlawful possession under § 46.04 prohibits convicted felons and certain other categories from possessing any firearm and is generally a third-degree felony
- Carrying into a prohibited location under § 46.03 is a third-degree felony
- Federal charges under 18 U.S.C. § 922(g) may apply alongside state charges, carrying up to 15 years in federal prison
The same conduct may result in charges from both the Harris County District Attorney’s Office and the United States Attorney’s Office for the Southern District of Texas.
What Specific Gun Charges Do People Face in Houston?
Houston gun crime attorneys handle offenses ranging from misdemeanor carrying violations to serious felonies. The most common charges fall into three categories.
What Is Unlawful Carrying of a Weapon Under § 46.02?
UCW under Texas Penal Code § 46.02 is the most frequently charged gun offense in Houston.
Despite permitless carry, a person may face this charge for carrying while intoxicated, carrying during criminal activity, displaying a handgun without a holster, or carrying while prohibited under § 46.04. A standard UCW is a Class A misdemeanor.
What Is Unlawful Possession Under § 46.04?
Unlawful possession under Texas Penal Code § 46.04 applies to convicted felons, people under protective orders, and people convicted of domestic violence offenses.
This charge is generally a third-degree felony. A convicted felon may not possess a firearm until five years after completing the full sentence, and even then only at their own residence.
What Locations Are Off-Limits for Firearms Under § 46.03?
Even lawful carriers face felony charges for bringing a firearm into restricted locations under Texas Penal Code § 46.03.
- Schools and educational institutions
- Polling places on election day
- Courthouses and court offices
- Secured areas of airports
- Bars displaying a red 51% sign under Texas Alcoholic Beverage Commission (TABC) regulations
Many of these charges arise from honest mistakes, but the penalties do not distinguish between intentional violations and accidents.
Who Is Prohibited from Possessing a Firearm in Texas?
Both Texas and federal law restrict firearm possession for specific categories of people. A person prohibited under either system faces criminal charges regardless of whether they hold a License to Carry (LTC) issued by the Texas Department of Public Safety (DPS).
What Are the State Restrictions Under § 46.04?
Texas prohibits firearm possession for the following categories.
- Anyone convicted of a felony, for five years after the completion of all confinement, parole, and community supervision, and only at their own residence after that period
- Anyone convicted of a Class A misdemeanor involving family violence, for five years after the completion of all confinement and community supervision
- Anyone subject to an active protective order under Chapter 85 of the Texas Family Code
These restrictions apply statewide, regardless of where the person lives or where the firearm is located.
What Are the Federal Restrictions Under 18 U.S.C. § 922(g)?
Federal law permanently bars firearm possession by convicted felons, fugitives, unlawful drug users, people adjudicated mentally defective or committed to a mental institution, people under felony indictment, and those convicted of misdemeanor domestic violence offenses.
Federal firearms violations under 18 U.S.C. § 924 carry up to 15 years in federal prison.
What Penalties Do You Face for Gun Crimes in Texas?
Gun crime penalties range from a Class A misdemeanor to a third-degree felony at the state level, and federal charges carry even steeper consequences.
| Offense | Statute | Classification | Penalty Range |
| Unlawful carrying of a weapon | § 46.02 | Class A misdemeanor | Up to 1 year in county jail, up to $4,000 fine |
| Unlawful carrying (prohibited location or prior conviction) | § 46.02 / § 46.03 | Third-degree felony | 2 to 10 years in prison, up to $10,000 fine |
| Unlawful possession by a felon | § 46.04 | Third-degree felony | 2 to 10 years in prison, up to $10,000 fine |
| Making a firearm accessible to a child (no discharge) | § 46.13 | Class C misdemeanor | Up to $500 fine |
| Making a firearm accessible to a child (discharge causing death or serious bodily injury) | § 46.13 | Class A misdemeanor | Up to 1 year in county jail, up to $4,000 fine |
| Deadly weapon finding (firearm used during another offense) | Art. 42A.054 | 3G enhancement | Must serve at least 50% of sentence before parole eligibility |
| Federal felon in possession | 18 U.S.C. § 922(g) | Federal felony | Up to 15 years in federal prison |
A 3G enhancement, named after Article 42A.054 of the Texas Code of Criminal Procedure, means the offense carries stricter parole and supervision requirements.
Gun charges also frequently appear alongside other offenses like assault or DWI, and a deadly weapon finding raises the stakes on every connected charge.
How Do Houston Gun Crime Attorneys Fight Weapons Charges?
The state must prove that you knowingly possessed the firearm and that your possession was unlawful. If the prosecution fails on either element beyond a reasonable doubt, the charge may not stand.
What Defense Strategies Work in Harris County?
Defense attorneys challenge firearms charges using strategies tailored to the facts.
- Challenging the search and seizure under the Fourth Amendment, since firearms found during an unlawful stop may be suppressed, meaning the court excludes them from evidence
- Disputing knowing possession by showing the defendant did not know the firearm was present
- Asserting legal carry under the Texas permitless carry law (House Bill 1927)
- Challenging the prohibited-person classification by showing the conviction or protective order does not meet statutory requirements
- Raising insanity issues under Texas Penal Code § 8.01 when a severe mental disease or defect prevented the defendant from knowing their conduct was wrong
Fourth Amendment challenges are the most common successful defense in Houston gun cases.
Call (832) 315-6283 to talk with our firm about your firearms charge.
When Do Federal Firearms Charges Apply in Houston?
Federal charges typically apply when the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) gets involved, usually because the case involves interstate trafficking, a federal drug investigation, or a defendant with a prior federal conviction.
Why Do Federal Gun Charges Carry Higher Stakes?
Federal firearms offenses under 18 U.S.C. § 924 carry up to 15 years in prison with no parole, and defendants serve at least 85% of their sentence.
A person with three or more prior violent felony or drug trafficking convictions faces a mandatory minimum of 15 years under the Armed Career Criminal Act (ACCA).
FAQs for Houston Gun Crime Attorneys
Do I need a lawyer even for a misdemeanor gun charge in Texas?
Yes. A Class A misdemeanor UCW charge carries up to one year in jail and a $4,000 fine, and a conviction may affect your firearm rights and professional licenses.
What is the difference between unlawful carrying and unlawful possession?
Unlawful carrying under § 46.02 regulates how a person carries a handgun and is usually a misdemeanor. Unlawful possession under § 46.04 restricts who may possess a firearm and is generally a felony.
Is it possible to face both state and federal gun charges?
Yes. Some firearms offenses may result in prosecution in both state and federal court, particularly when prior felonies, interstate activity, or federal investigations are involved.
Take Action with a Houston Gun Crime Defense Attorney
A firearms charge may restrict your Second Amendment rights, trigger federal consequences, and follow you through every background check for years.
The Law Office of Nathaniel Pitoniak brings decades of criminal courtroom experience to firearms defense in Houston, including years spent prosecuting felony cases in Harris County.
Our firm carefully examines every aspect of the case, from the legality of the stop and search to whether the prosecution can actually prove unlawful possession.
If you are facing a gun charge in Houston, call (832) 315-6283 or contact the Law Office of Nathaniel Pitoniak online to schedule a confidential consultation today.
Law Office of Nathaniel Pitoniak
Address: 4115 Canal St,
Houston, TX 77003, United States
Ph: (832) 315-6283