Firearm laws in Texas come with unique guidelines, especially when it comes to carrying guns in vehicles. Texas is known for its relatively relaxed stance on gun rights, yet there are still rules that, if misunderstood, can lead to severe legal consequences.

This article will cover what you should do if law enforcement finds an illegal firearm in your vehicle. By understanding the relevant laws and taking some practical steps, you can protect yourself and mitigate the consequences.

Understanding the Motorist Protection Act (MPA)

Texas Penal Code §46.02 (also known as the Motorist Protection Act (MPA)) allows individuals to carry handguns in their vehicles without needing a license. This law was enacted to give Texans the ability to protect themselves while driving, especially when they feel their safety could be at risk. However, the MPA does not allow unrestricted carrying—specific rules apply that, if not followed, can lead to a weapons charge.

Conditions and Limitations

To carry a handgun legally under the MPA, the following conditions must be met:

The firearm must be concealed and not visible from outside the vehicle.
You cannot be engaged in any criminal activity other than a minor traffic violation.
You cannot be a member of a criminal gang.
You must not be intoxicated by drugs or alcohol.

Breaking any of these rules can mean you are no longer protected by the MPA, putting you at risk of firearm-related charges.

Common Misinterpretations

Many Texans assume that as long as they keep the gun inside their car, they are protected by the MPA. However, mistakes can lead to illegal possession charges. For example, leaving a gun visible on the passenger seat violates the requirement for concealed carry. Similarly, carrying a firearm while intoxicated can result in immediate criminal charges. Understanding the specific rules of the MPA is essential to avoid unintended consequences.

The Potential Legal Consequences of an Illegal Firearm in Your Vehicle

If law enforcement finds an illegal firearm in your vehicle, the consequences can be severe. Texas law takes firearm-related offenses seriously, with penalties that reflect the gravity of these charges. The actual charges and potential outcomes depend on the details, but they generally fall into two categories: misdemeanors and felonies.

Misdemeanor Charges

You can be charged with Unlawful Carrying Weapons if, for instance, the firearm was visible when it should have been concealed. An unlawful carrying weapons charge is generally classified as a Class A misdemeanor, which can result in:

Up to one year in a county jail.
A fine of up to $4,000.
Or both.

However, if the offense occurs in certain locations, such as at a school, playground, or

polling place, the charge can be elevated to a third-degree felony, carrying more severe penalties.

Felony Charges

Felony charges typically arise in more serious cases, like carrying a firearm in a restricted area or when having prior convictions. Under Texas Penal Code, Section 46.04 (Unlawful Possession of Firearm), it is illegal for a convicted felon to possess a firearm under the following conditions:

Within 5 years of being released from jail or prison.
After 5 years of being released from jail or prison, anywhere other than the premises where they live.

An unlawful possession of firearm charge is generally classified as a third-degree felony, punishable by:

Imprisonment for 2 to 10 years.
A fine of up to $10,000.

You can also be charged with unlawful possession of firearm if you are a member of a street gang and are caught carrying a gun in a motor vehicle. In addition, carrying a firearm in certain locations, such as a school, polling places, or government court, can lead to enhanced charges.

What to Do When Stopped by Law Enforcement

If law enforcement stops you and there is a firearm in your vehicle, your actions can significantly influence the outcome. Here is how to respond:

Stay Calm and Cooperative

Clear thinking under pressure can help you make the right choices and keep the situation under control. When the officer approaches your vehicle, stay calm and keep your hands visible, ideally on the steering wheel. Avoid any sudden movements. Remaining calm signals to the officer that you are cooperative and respectful.

Do Not Voluntarily Offer Information

It is natural to want to explain your situation, but it is usually best not to volunteer information about a firearm unless directly asked. In Texas, you have the right to remain silent to avoid self-incrimination. Only provide identification and documents when requested and avoid discussing the firearm unless necessary. This can prevent you from self-incrimination and keep the interaction focused on the essential questions.

Ask for Legal Representation

If the officers plan to search your vehicle or press charges, request legal representation. A felony firearm charge attorney in Texas can protect your rights and guide you through the process, ensuring the law is applied fairly.

Defending Against a Felony Weapons Charge in Texas

If you are facing an illegal weapons charge in Texas, the law provides several defenses that could help reduce or dismiss the charges. Possible defenses to a weapons charge include:

Lack of Knowledge: You may not have been aware that a firearm was in your vehicle, particularly if it belonged to someone else. A lack of knowledge could be a viable defense.
Lawful Carrying Under the MPA: If you followed the MPA guidelines but made a minor error (such as accidentally allowing the gun to be visible), an attorney may argue that your intent was lawful.
Mistaken Identity: If, for example, someone else left the firearm in your vehicle without your knowledge, law enforcement may mistakenly believe the firearm belongs to you when it actually belongs to a passenger or another party.
Questioning the legality of the search: If the police lacked probable cause or conducted the search without your consent, any evidence found, including the firearm, could be deemed inadmissible in court.

Why Hire an Attorney?

The impact of a felony record goes beyond the immediate legal consequences. A conviction can make it harder to find employment, secure housing, or even obtain certain professional licenses. This highlights the importance of working with an experienced defense attorney in Texas who can work to minimize the penalties or seek a dismissal.

The legal process is complex, and having a knowledgeable attorney can. If you are facing felony weapons charges in Texas because of a gun found in your vehicle, take action to protect your rights. Firearm laws in Texas are strict, and even an innocent mistake can lead to severe consequences. Our Texas felony firearm charge attorneys understand Texas gun laws and can help protect your rights and build a strong defense against the charges. Schedule a free consultation today.