Weapons Charges Lawyer Lubbock
Nationally Recognized Trial AttorneysWhen you’re facing weapons charges in Lubbock, Texas, you need our attorney who knows both sides of the courtroom.
At Keith & Lorfing, managing partner Russell Lorfing brings a unique advantage as the only practicing criminal defense attorney in Lubbock who previously served as a federal prosecutor.
This insider knowledge of how prosecutors build weapons cases gives our clients a powerful edge in defending their Second Amendment rights.
Protect your future with our experienced Lubbock criminal defense lawyer who knows how to fight tough charges in local courts.
Texas Weapons Laws: What You Need to Know
Texas has some of the most gun-friendly laws in America, but even small violations can result in serious criminal charges.
What seems like a minor oversight can lead to felony convictions that strip away your right to own firearms forever.
Under Texas Penal Code Chapter 46, several weapons-related offenses can result in criminal charges:
- Unlawful Carrying of Weapons (UCW): Carrying a handgun, an illegal knife, a club, or a prohibited weapon without proper authorization
- Prohibited Weapons Possession: Owning machine guns, explosive devices, short-barreled firearms, or silencers without federal licensing
- Felon in Possession: Any person with a felony conviction caught with firearms faces enhanced penalties
- Carrying in Prohibited Places: Bringing weapons into schools, courthouses, bars, or posted private property
⚠️ Texas is gun-friendly, but technical missteps (location bans, status bans, licensing nuances) turn “minor” mistakes into felonies with lifetime firearm bans.
The distinction between state and federal jurisdiction often confuses defendants. Federal charges typically apply when firearms cross state lines or involve interstate commerce, while state charges cover local possession and carrying violations.
Hypothetical scenario: A college student from Oklahoma drives to Texas Tech with a legally owned hunting rifle in his truck. If he parks on campus property with the weapon, he could face both federal and state charges – federal for interstate transport to a school zone, and state for weapons on campus grounds.
Common Weapons Charges We Defend in Lubbock
Our West Texas legal team has defended over 500 jury trials, including numerous weapons cases that showcase the complexity of firearm law. Each case presents unique challenges that require thorough investigation and strategic defense planning.
Unlawful Carrying of Weapons (UCW)
UCW charges represent the most common weapons violation in Lubbock County. This Class A misdemeanor carries up to one year in jail and $4,000 in fines, but the consequences extend far beyond initial penalties.
Key elements prosecutors must prove:
- You intentionally, knowingly, or recklessly carried a weapon
- The weapon was a handgun, an illegal knife, a club, or a prohibited item
- You lacked proper licensing or authorization
- The carrying occurred in a public place or vehicle
Texas provides several legal defenses, including the “traveling” exception for those journeying between cities, workplace carry for business owners, and constitutional carry provisions enacted in recent years.
Federal Firearms Violations
Federal weapons charges carry much harsher penalties than state offenses. Russell Lorfing’s experience as a former federal prosecutor provides invaluable insight into how these complex cases develop.
Common federal charges include:
- 922(g) Violations: Prohibited persons (felons, domestic violence offenders, drug users) possessing firearms
- 924(c) Charges: Using firearms during drug trafficking or violent crimes (mandatory minimum sentences)
- Interstate Transport Violations: Moving weapons across state lines without compliance
Straw Purchase Conspiracies: Buying guns for prohibited persons
Felon in Possession Cases
These cases carry some of the harshest penalties in weapons law. A single conviction can result in up to 10 years in federal prison, with even longer sentences for those with multiple prior felonies.
Critical defense strategies include:
- Challenging the predicate felony: Not all prior convictions qualify as disqualifying offenses
- Proving lack of knowledge: Defendants must know they possessed the firearm
- Establishing lack of possession: Constructive possession requires proving control and dominion
- Constitutional violations: Illegal searches and seizures can suppress key evidence
Why Federal vs. State Matters for Your Case
The choice between federal and state prosecution significantly impacts your case outcome. Federal courts impose harsher sentences and offer fewer plea bargaining opportunities than state courts.
According to the Bureau of Justice Statistics, federal prosecutors pursued 68% of weapons cases in 2023, indicating the government’s commitment to aggressive prosecution of firearms violations. The U.S. Sentencing Commission reports that firearms cases represented 13.8% of all federal crimes sentenced in fiscal year 2023, with 8,832 cases total.
| Jurisdiction | Average Sentence | Conviction Rate | Plea Rate |
|---|---|---|---|
| Federal Court | 5-10 years | 85-90% | 15% dismiss/reduce |
| State Court | 6 months-2 years | 80-85% | 40% dismiss/reduce |
| Lubbock County | 1-3 years | 75-80% | 35% dismiss/reduce |
Russell Lorfing’s background prosecuting federal cases in the Northern District of Texas means we know exactly how federal prosecutors prioritize cases and allocate resources. This knowledge helps us identify weaknesses in the government’s case that other defense attorneys might miss.
📌 Fed court = higher sentences, tighter pleas, guideline math; knowing charging priorities and what AUSAs bargain for changes outcomes.
Constitutional Defenses: Protecting Your Rights
The Constitution provides several powerful defenses against weapons charges. Our team aggressively challenges any violation of your constitutional rights throughout the investigation and prosecution.
Second Amendment Protections
The Supreme Court’s decisions in D.C. v. Heller and McDonald v. Chicago established individual rights to keep and bear arms. However, these rights aren’t unlimited, and courts continue to define the boundaries.
Recent developments include:
- Constitutional carry laws are reducing licensing requirements
- Enhanced protection for home and business defense
- Stricter scrutiny of weapons bans and restrictions
Fourth Amendment Search Issues
Many weapons cases begin with questionable police stops and searches. We thoroughly examine every aspect of law enforcement contact to identify constitutional violations.
Common Fourth Amendment issues:
- Pretextual traffic stops: Using minor violations to search for weapons
- Consent searches: Determining if consent was truly voluntary
- Vehicle exceptions: When police can search cars without warrants
- Terry stops: Whether officers had reasonable suspicion for pat-downs
Hypothetical scenario: Police stop a driver for failing to signal, then claim they smell marijuana to justify searching the vehicle. If no drugs are found but they discover a firearm, the search may be unconstitutional, making the weapon evidence inadmissible.
Schedule a free consultation with our Abilene criminal defense lawyer dedicated to building the strongest defense for your case.
The Lubbock Court System: What to Expect Texas
Knowing the local legal landscape gives our clients a significant advantage. We know the judges, prosecutors, and court procedures that will handle your case.
Key Lubbock Courts
Lubbock County District Courts handle felony weapons charges and the most serious cases:
- 99th District Court: Judge Phillip Hays
- 237th District Court: Judge Miguel Rosales
- 364th District Court: Judge William Sowder
Lubbock County Court at Law addresses misdemeanor weapons charges:
- Multiple courts handling UCW and lesser offenses
- More opportunities for plea negotiations and alternative sentencing
The George Mahon Federal Building at 1205 Texas Avenue handles all federal weapons prosecutions. These cases are prosecuted by the U.S. Attorney’s Office for the Northern District of Texas, where Russell Lorfing previously served.
Local Prosecution Trends
Lubbock County prosecutors take weapons charges seriously, especially when they involve:
- School zones: Zero tolerance for weapons near educational facilities
- Domestic violence: Enhanced penalties for weapons in family violence cases
- Drug crimes: Weapons found during drug arrests face enhanced charges
- Repeat offenders: Prior weapons convictions trigger habitual offender proceedings
✔️ Knowing how local judges handle weapons charges helps anticipate whether to push for trial or pursue plea negotiations.
Penalties and Long-Term Consequences
Weapons convictions create lifetime consequences extending far beyond initial jail time and fines. These collateral consequences help defendants make informed decisions about their cases.
Immediate Penalties
Texas weapons charges range from Class C misdemeanors to first-degree felonies:
- Class C Misdemeanor: Fine up to $500 (certain knife violations)
- Class A Misdemeanor: Up to 1 year jail, $4,000 fine (UCW)
- State Jail Felony: 180 days to 2 years, $10,000 fine (prohibited weapons)
- Third Degree Felony: 2-10 years prison, $10,000 fine (felon in possession)
Federal charges carry much harsher penalties:
- First offense 922(g): Up to 10 years federal prison
- Multiple felonies: 15 years mandatory minimum
924(c) charges: 5 years consecutive to the underlying offense
Collateral Consequences
Weapons convictions trigger numerous long-term penalties:
- Federal firearm prohibition: Lifetime ban on gun ownership for any felony
- Professional licensing: Many careers require firearms eligibility
- Employment screening: Background checks reveal weapons convictions
- Military service: Disqualification from armed forces and security clearances
Immigration consequences: Deportation risks for non-citizens
Building Your Defense Strategy
Every weapons case requires a customized defense strategy based on specific facts and applicable law. Our team begins investigating immediately to preserve evidence and identify defense opportunities.
Case Investigation Process
Initial case review focuses on:
- Evidence analysis: How did police discover the weapon?
- Constitutional issues: Were your rights violated during the investigation?
- Witness interviews: What did others observe during the incident?
- Expert consultation: Do ballistics or forensic issues affect the case?
- Plea negotiations: What alternatives might prosecutors consider?
Common Defense Strategies
- Lack of knowledge: Many defendants don’t realize they possessed a weapon, especially in shared vehicles or borrowed items.
- Constitutional violations: Illegal searches and seizures can result in evidence suppression, often leading to case dismissal.
- Self-defense claims: Texas law provides broad protection for defensive weapon use in homes, businesses, and vehicles.
- Challenging predicate offenses: For felon-in-possession cases, the underlying felony conviction may be subject to attack.
💡 Early case investigation—securing witness statements and evidence—can shift negotiations and open dismissal opportunities.
Protecting Your Second Amendment Rights
The right to keep and bear arms is fundamental, but it’s not absolute. Our firm fights to preserve your constitutional rights while achieving the best possible outcome in your case.
Constitutional Carry in Texas
Texas enacted constitutional carry on September 1, 2021, through House Bill 1927. This law allows most adults 21 and older to carry handguns without licenses in most public places.
However, significant restrictions remain:
- Age requirements (21+ for handguns, 18+ for rifles)
- Prohibited person restrictions still apply
- Location restrictions for schools, courts, and posted premises
- Enhanced penalties for violations during other crimes
Rights Restoration After Conviction
Even after weapons convictions, options may exist to restore your gun rights. The process depends on the type and level of conviction:
- State misdemeanor convictions: Rights are typically restored after completing the sentence and probation
- State felony convictions: May petition for rights restoration after completing the sentence
- Federal convictions: Requires presidential pardon or ATF relief (currently suspended by Congress)
- Domestic violence convictions: Federal law imposes a lifetime prohibition with very limited exceptions
When You’re Under Investigation
f you suspect you’re under investigation for weapons violations, contact our office immediately before speaking with law enforcement. Early intervention can sometimes prevent formal charges.
What Not to Do
Common mistakes that hurt your case:
- Talking to police without an attorney present
- Consenting to searches of your home, vehicle, or person
- Discussing the case with friends, family, or on social media
- Attempting to hide or dispose of evidence
- Failing to invoke your right to remain silent
What We Do During Investigations
Our early intervention includes:
- Communicating with investigators on your behalf
- Preserving evidence that supports your defense
- Identifying witnesses who can testify favorably
- Negotiating to prevent formal charges when possible
- Preparing for arrest if charges seem inevitable
⚠️ Speaking to investigators without counsel or consenting to searches often eliminates critical defense opportunities.
What Makes Keith & Lorfing Different: West Texas Tough™
When facing weapons charges in West Texas, experience and local knowledge make all the difference. Our unique background provides advantages that other defense firms simply cannot match.
We embody the spirit, grit, and work ethic of the West. Everything we do is driven by our desire to level the playing field for working-class Texans.
We advocate for people like us – hard-working, family-oriented West Texans who simply want to give their kids a better life than they had.
Russell Lorfing's Prosecutor Experience
As one of the only practicing defense attorneys in Lubbock with federal prosecution experience, Russell brings insider knowledge of how these cases develop:
- Investigation tactics: How federal agents build weapons cases
- Charging decisions: What factors influence prosecution priorities
- Plea negotiations: Recognizing when prosecutors have weak cases
- Trial strategy: Anticipating government arguments and evidence presentation
Trial Experience That Counts
With over 500 combined jury trials, we’ve earned a reputation for aggressive courtroom advocacy. We prepare every case for trial while negotiating from a position of strength.
We don’t back down from a fight – we’re trial lawyers who take pride in our advocacy skills and use our talents to defend your constitutional rights.
How Federal Prosecution Experience Benefits Your Defense
Russell Lorfing’s time as a federal prosecutor in Lubbock provides unique insights that directly benefit our clients. This background helps us anticipate prosecution strategies and identify case weaknesses that other attorneys might miss.
✔️ With 500+ jury trials and prosecutorial experience, our firm positions itself to deliver stronger negotiations and trial advocacy.
Inside Knowledge of Federal Priorities
Federal prosecutors must carefully choose which cases to pursue due to limited resources. This knowledge helps us negotiate better outcomes:
- Resource allocation: When do federal prosecutors defer to state court?
- Cooperation incentives: How can defendants reduce exposure through cooperation?
- Sentencing factors: What arguments resonate with federal judges?
- Appeal prospects: Which constitutional challenges have the best chances?
Relationships Matter in Federal Court
The federal legal community in Lubbock is small and close-knit. Our existing relationships with judges, prosecutors, and court staff facilitate more productive case resolution through enhanced credibility in plea negotiations and better communication about case status.
Don’t Let Weapons Charges Derail Your Future
Weapons charges in Lubbock require immediate, aggressive defense from attorneys who know both prosecution and defense perspectives.
At Keith & Lorfing, our unique background as former prosecutors gives your case the edge it needs.
With over 500 jury trials and Russell Lorfing’s experience as a federal prosecutor, we know how to protect your Second Amendment rights while achieving the best possible outcome. We’re committed to being the best in the West, and we’re West Texas Tough™.
Contact us today at (325) 480-8100 for a free consultation about your weapons charges case.
FAQs
What happens if I'm arrested for weapons charges in Lubbock?
If arrested for weapons charges in Lubbock, you’ll be taken to the Lubbock County Detention Center for booking, photographing, and fingerprinting. Weapons charges typically result in higher bonds due to public safety concerns. Federal weapons charges require appearance before a federal magistrate at the George Mahon Federal Building, while state charges are handled in Lubbock County courts.
How much does a weapons charges lawyer cost in Lubbock?
Weapons charges lawyer fees in Lubbock vary based on case complexity and severity. Misdemeanor UCW cases typically range from $2,500-$5,000, while federal firearms charges can cost $10,000-$25,000 or more. At Keith & Lorfing, we offer free consultations to discuss your case and provide transparent pricing based on your specific situation.
Can I carry a gun in my car without a license in Texas?
Yes, Texas constitutional carry law allows adults 21+ to carry handguns in vehicles without a license, provided you’re not prohibited by state or federal law. The firearm must be concealed from plain view and secured in a holster, glove compartment, or console. However, you cannot carry while intoxicated, and certain locations remain off-limits.
Do weapons charges in Lubbock show up on background checks immediately?
Weapons charges appear on background checks within 24-48 hours of arrest through public court records. Even pending charges show up on employment screenings, professional license renewals, and security clearance investigations. Some employers require immediate disclosure of arrests, while others only require reporting after conviction.
What's the difference between state and federal weapons charges in Texas?
State weapons charges typically involve local possession and carrying violations handled in Lubbock County courts with lighter sentences. Federal weapons charges apply when firearms cross state lines, involve prohibited persons, or include drug crimes, and are prosecuted at the George Mahon Federal Building with much harsher penalties and mandatory minimums.
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Our every action is driven by a deep-seated commitment to fighting for hardworking Texans. Each client we represent and every case we undertake reflects our dedication to ensuring fairness and justice.
Our roots run deep in West Texas. Many of our attorneys hail from modest backgrounds, with family histories steeped in professions like farming, mechanics, labor, firefighting, and military service. These humble beginnings instilled in us the value of hard work, a principle we uphold daily.
We consciously choose to stand with the everyday people rather than corporations or the elite. Our focus is on representing dedicated, family-oriented Texans who aspire to provide a better future for their children. This often means challenging big insurance companies that attempt to undercut rightful claims. 
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