Austin Weapons Charge Defense
Texas gun laws are complex and evolving. Your defense attorney is a former police officer and military veteran who carried firearms professionally for years — and who understands the intersection of Second Amendment rights, Texas law, and federal weapons regulations.
Weapons Defense from an Attorney Who Carried Professionally
Most criminal defense attorneys understand firearms law from the statute book. Steve Bowling understands it from the holster. As a former police officer and military veteran, he carried firearms professionally for years. He qualified on the range, followed carry protocols, and enforced weapons laws. That dual perspective — both as someone who carried and someone who enforced — makes his weapons defense uniquely informed.
Texas became a permitless carry state in September 2021, but the law’s expansion of carry rights came with important restrictions. You still can’t carry while intoxicated, in certain prohibited locations, or if you’re a convicted felon or subject to a protective order. The intersection of carry rights with other criminal charges — DWI with a weapon, drug charges with a firearm present, family violence involving guns — creates complex legal situations where the wrong move means stacked charges and enhanced penalties.
Travis County’s approach to weapons cases is nuanced. Austin is politically more restrictive on gun issues than much of Texas, and prosecutors here may pursue weapons charges more aggressively than in more conservative jurisdictions. Having an attorney who can speak credibly about firearms — because he carried them professionally — is a significant advantage in court.
Federal law overlays state law. A state-level weapons charge can also trigger federal prosecution under certain circumstances, especially felon-in-possession cases and weapons charges connected to drug offenses. Federal mandatory minimums are severe. Your attorney must understand both systems.
Weapons Cases We Handle in Austin
Unlawful Carry of a Weapon
Despite permitless carry, UCW charges still apply when carrying while intoxicated, in prohibited locations (51% establishments, schools, courthouses), or while engaged in criminal activity. Class A misdemeanor to third-degree felony depending on circumstances.
Felon in Possession
Texas Penal Code §46.04 prohibits firearm possession by convicted felons for 5 years after release (or indefinitely for certain offenses). Federal law adds its own prohibition with mandatory minimums. These are serious charges requiring immediate defense.
Weapons Enhancement Charges
A firearm found during a DWI stop, a gun discovered during a drug search, or a weapon involved in an assault charge — each scenario adds layers of criminal liability. The weapons charge may carry heavier penalties than the underlying offense.
Prohibited Weapons
Short-barreled rifles, machine guns (without proper tax stamps), explosive devices, and certain other weapons are prohibited under Texas and federal law. Possession charges can carry state and federal penalties simultaneously.
How a Former Officer and Veteran Defends Weapons Cases
Credibility on Firearms
When a jury hears from an attorney who personally carried firearms as a police officer and in military service, the defense carries weight that a purely academic presentation can’t match. Steve Bowling can explain the practical realities of lawful carry, the differences between various firearms and their legal classifications, and the context that the prosecution wants the jury to ignore.
Challenging the Search
Most weapons charges stem from searches — of vehicles, homes, or persons. If the search was illegal, the weapon is inadmissible. As a former officer who conducted searches, Steve Bowling knows what constitutes a legal search and what doesn’t. He’s seen the shortcuts officers take, the way they extend stops beyond their legal scope, and the pressure they apply to obtain consent.
Understanding the Law’s Complexity
Texas gun laws changed dramatically with permitless carry, but the exceptions and nuances create traps for gun owners who think the law is simpler than it is. Bars that post 51% signs, school zones, government buildings, events where alcohol is sold — the prohibited locations list is extensive and not always obvious. A defense attorney who has navigated these laws professionally knows the boundaries.
Facing Weapons Charges in Austin?
Your Second Amendment rights and your freedom are at stake. Call now for a free consultation with a former officer and military veteran.
Frequently Asked Questions
Is it legal to carry a gun without a permit in Texas?
Since September 2021, most adults 21+ can carry a handgun without a license if they’re legally allowed to possess firearms. However, carrying while intoxicated, in prohibited locations, or while a convicted felon remains illegal and carries serious penalties.
What happens if I’m pulled over with a gun while drinking?
Carrying a firearm while intoxicated is a Class A misdemeanor in Texas (up to 1 year jail, $4,000 fine). If you’re also charged with DWI, you face stacked charges that compound the penalties. An attorney with law enforcement background understands how these combined charges are prosecuted.
Can a felon ever own a gun again in Texas?
Under Texas law, a convicted felon can possess a firearm in their home 5 years after completing their sentence (including parole/probation) — but only at home. Federal law prohibits felons from possessing firearms entirely, with no time limit. The federal prohibition overrides the state provision and carries its own penalties.
What’s the penalty for bringing a gun into a bar in Texas?
Carrying into an establishment that derives 51% or more of its revenue from alcohol is a third-degree felony (2-10 years). These establishments are required to post 51% signs, but the legal obligation is on the carrier, not the establishment. Missing or unclear signage may be a defense, but it’s complex.