Common Firearm Offenses in Texas

 Posted on August 13, 2025 in Criminal Defense

The Lone Star State respects the rights of responsible gun owners. However, there are many regulations that, if violated, could result in you facing criminal charges. If you have been accused of a weapons offense in Texas, the smartest thing you can do is to seek out legal representation. A Cooke County, TX gun crime defense attorney can stand up for your rights and protect you in court.

Many weapons offenses are the result of simple mistakes or errors in judgment. At Magaña & Van Dyke, we recognize that many otherwise responsible gun owners can get caught up in serious charges. To remedy your situation, we will pursue the best outcome possible with a strong legal defense.

The Penalties for Lying to a Gun Vendor

A small misrepresentation or omission of fact when buying a gun could have serious consequences. Under the Texas statute for the unlawful transfer of certain weapons, you could be charged with a crime for knowingly making a "material false statement" to a firearms dealer while you are prohibited from owning a gun.

This crime is punishable as a state jail felony in Texas, which means you could face anywhere from six months to two years in jail for a conviction. At Magaña & Van Dyke, our firm can review the facts of your case to look for possible mitigating circumstances or defenses. For instance, you could argue that you made a mistake when filling out a form for purchase, which is not a "knowing" attempt. 

Can I Be Charged With a Crime for Shooting a Gun?

For many responsible gun owners, going shooting is a recreational hobby and a social event. However, if you do not exercise caution, the outing could end with an arrest. If you recklessly discharge a firearm within a municipality of more than 100,000 people, you could be charged with a crime. This offense is a Class A misdemeanor carrying up to $4,000 in fines as well as a jail sentence of up to a year.

At Magaña & Van Dyke, we can review the prosecution’s case to see if the charge holds water. First, we might challenge whether or not your conduct was reckless. If nobody could have been endangered by your discharge of the weapon, the case against you could be weakened. Second, we may question if the incident occurred within the corporate limits of the municipality. You can rely on our firm to look closely at the details, making sure nothing is overlooked in your defense.

Are Felons Allowed to Carry Firearms in Texas?

If you have been convicted of a felony, violent or not, you will be barred from owning a firearm. If you are found to have violated this law, you could be prosecuted on third-degree felony charges, with the possibility of up to 10 years in prison.

Sometimes, people are accused of unlawful firearm possession due to a mistake of fact. A weapon belonging to a housemate or a passenger in your vehicle could be labeled as yours, despite evidence to the contrary. Our firm can clear up these misidentifications on your behalf. 

Contact a Cooke County, TX Criminal Defense Lawyer

Accidents happen, and people with good intentions can end up arrested. If you or a loved one needs representation for a weapons violation, reach out to Magaña & Van Dyke today. Our Denton County, TX gun crime attorneys can discuss your best options for your defense. Our firm was established in 2007, and since then, we have focused on providing all of our clients with honest counsel and personalized service. Call us at 940-382-1976 to arrange a free consultation.