What Happens If You’re Caught With a Gun While Committing Another Crime in Texas? A Detailed FAQ With Criminal Defense Attorney Mark Diaz

What Happens If You’re Caught With a Gun While Committing Another Crime in Texas? A Detailed FAQ With Criminal Defense Attorney Mark Diaz

What happens if someone is caught with a gun during another crime in Texas, such as DWI or drug possession?

If you’re caught committing a crime like driving while intoxicated (DWI) or drug possession and you also have a firearm in your possession, you’re likely to face an additional charge—unlawful carrying of a weapon. This is particularly common in DWI cases because many Texans keep firearms in their vehicles. When police perform an inventory search before towing a vehicle, they document everything inside. If they find a firearm during this process, that discovery can lead to an extra charge on top of the initial offense. In Texas, it’s generally lawful to carry a firearm, but that right is suspended if you’re in the act of committing a crime.

What if I have a concealed carry license or have followed all gun laws?

Even if you have a license to carry (LTC), you’re not exempt. Licensed gun owners are expected to know the law, including the fact that carrying a weapon while committing another crime is illegal. This applies equally to those with LTCs. In fact, many licensed holders are more concerned about losing their license than the criminal conviction itself. Simply put, your license does not protect you from additional charges if you’re found committing a crime while armed.

Do these additional gun charges increase potential penalties or jail time?

On paper, yes—multiple charges can theoretically lead to increased penalties. However, in practice, it’s common for prosecutors to drop the gun charge if you plead guilty to the primary offense, such as the DWI. It’s not guaranteed, but many defense attorneys, including Mark Diaz, routinely see this result. Prosecutors are often willing to streamline cases by dismissing the lesser charge in favor of resolving the main one. However, this depends on the facts and severity of the case.

Is there a difference between a licensed gun owner and a convicted felon caught with a firearm?

Absolutely. A convicted felon found with a firearm is facing a much more serious situation. While a licensed gun owner caught with a weapon during a misdemeanor crime may be charged with a misdemeanor, a felon in possession of a firearm is committing a separate felony. This significantly escalates the legal consequences and can dramatically change the course of a case.

Can multiple charges be “stacked” to increase punishment?

Legally, yes—it’s possible for the state to seek stacked sentences, meaning one punishment is served after the other. However, in misdemeanor cases like DWI and unlawful carrying of a weapon, this is rare. Stacked sentences are more common in serious felony cases. In the vast majority of misdemeanor cases, stacking doesn’t happen.

How do prosecutors typically handle unlawful carrying of a weapon charges?

Prosecutors often offer to dismiss the gun charge in exchange for a signed order allowing the destruction of the firearm. For many people, this is a simple trade-off to avoid a conviction. However, some individuals may decline the offer if the gun holds sentimental value, like a family heirloom. Still, most people are willing to part with the firearm in order to secure a better outcome in court.

Can a minor offense become more serious if you’re also carrying a firearm?

In traffic-related offenses like speeding, carrying a firearm typically doesn’t elevate the charge—because a traffic violation isn’t considered a crime that supports a charge of unlawful carrying of a weapon. However, if you’re caught with drugs or another arrestable offense, even minor, it can trigger an unlawful weapon charge. So while speeding won’t lead to additional gun charges, drug possession very well could.

What are some common defenses in these kinds of cases?

The most common defense strategy is to challenge the primary charge. If the original offense—like DWI or drug possession—is dismissed, the unlawful carrying charge often falls away too. If the firearm was actively used in the crime (e.g., a robbery), that’s a much more serious case, and defending it becomes more complex. But in most cases, the gun is simply found as a result of another issue, not used during the crime, which makes it easier to argue for dismissal if the primary offense is defeated.

Does the location or visibility of the firearm matter?

Yes, the details matter significantly. For example, if a gun is hidden under the rear seat of a borrowed car, the defense might argue that the defendant had no knowledge of the weapon. If, however, the firearm is clearly visible—like sticking out between the seat and center console—it’s harder to claim you didn’t know it was there. These kinds of specifics can be critical in building a defense.

What information should I share with my defense attorney if I’m arrested with a gun?

You should share everything—truthfully. Your attorney needs all the details to build the best possible defense. This includes whether the gun is registered to you, how it came into your possession, and where it was located. In Texas, there’s no gun registry beyond the original purchase, but police records will show whether the weapon has been reported stolen. If the firearm turns out to be stolen, it introduces a new layer of legal trouble, possibly implicating you in unrelated investigations. Misleading your attorney only weakens your case and risks damaging your defense in court.

Conclusion

Being caught with a gun during another crime in Texas can complicate your case and potentially increase your legal exposure. Whether you’re a licensed gun owner or not, these charges are serious and require a clear, strategic defense. As criminal defense attorney Mark Diaz emphasizes, your best defense starts with honesty and attention to detail. If you’re facing charges, make sure your lawyer has the complete story—it’s the only way they can effectively protect your rights.