Weapons Charge Bail Bonds in Waco, TX

Unlawful carrying of a weapon

Penal Code Section 46.02 makes it an offense to intentionally, knowingly, or recklessly carry a handgun in a manner the law does not authorize. Since Texas adopted permitless carry, the statute mostly reaches people who are disqualified: those under 21 without a license to carry and not otherwise exempt, people prohibited from possessing a firearm by other law, people subject to an active protective order, and people carrying while intoxicated outside their own premises or vehicle.

A standard unlawful carrying offense is a Class A misdemeanor, up to a year in county jail and a fine up to $4,000. Carrying in certain locations the statute prohibits, including premises licensed to sell alcohol, raises it to a third-degree felony punishable by two to ten years.

Felon and family violence offender in possession

Section 46.04 covers unlawful possession of a firearm by a person with a felony conviction. Texas law bars possession before the fifth anniversary of the later of release from confinement or release from community supervision, parole, or mandatory supervision, and after that permits possession only at the person's own premises. Felon in possession is a third-degree felony under Texas law.

The same section reaches a person convicted of a family violence offense at the Class A misdemeanor level or higher, who may not possess a firearm before the fifth anniversary of the later of release from confinement or release from supervision.

There is a federal layer on top of this. Federal law imposes long-term possession prohibitions in both categories, and federal exposure is not something a bail bondsman can assess. If a weapons charge involves a prior conviction, get a defense attorney who handles both state and federal firearm law.

• Unlawful carrying: generally a Class A misdemeanor
• Unlawful carrying in a prohibited location: third-degree felony
• Felon in possession under 46.04: third-degree felony
• Family violence offender in possession: five-year state prohibition
• Separate federal prohibitions may also apply

Firearms and bond conditions

Even where the weapons charge itself is not the main case, firearms show up in bond conditions constantly. A magistrate's order for emergency protection under Article 17.292 must suspend a license to carry a handgun and can prohibit possessing a firearm outright, with a narrow exception for certain full-time licensed peace officers. Article 17.40 lets the magistrate impose any other reasonable condition related to victim or community safety, and a firearm surrender or no-weapons condition fits squarely inside that.

Violating a bond condition is not a technicality. At a hearing limited to that issue, the magistrate can revoke the bond on a preponderance of the evidence and must order the defendant back into custody. If there are guns in the house, sort out lawful storage with your attorney before release, not after.

When a weapon allegation affects bail itself

Article 17.15(a) requires the magistrate to consider the nature of the offense and the circumstances of its commission, specifically including whether it is an offense involving violence as defined by Article 17.03 or violence directed against a peace officer. A deadly weapon allegation therefore pushes on the bond amount directly.

It can also close doors. Article 17.03 bars a personal bond for a defendant charged with an offense involving violence, and for a defendant charged with deadly conduct, terroristic threat, or firearm-related disorderly conduct while already on bail or supervision for a violent offense. And under the constitutional amendment effective November 19, 2025, judges must deny bail on certain enumerated violent felonies, including aggravated assault involving certain weapons, when the state carries its burden at a hearing.

Weapons cases in McLennan County are filed either in a County Court at Law or in the 19th or 54th District Court, both at 501 Washington Ave., Waco, 254-757-5000.

Posting the bond

On a surety bond the premium in Texas is customarily around 10% of the bond amount, up to roughly 15% on higher-risk bonds. Weapons cases often sit at the higher end of that risk assessment, so ask the agent up front what the number is and what the payment structure looks like.

Break 'Em Out Bail Bonds at 254-400-2663 keeps collateral negotiable if property is the obstacle on a felony weapons bond.

The primary recommendation here is Chapman's Bail Bonds at 254-855-9885. They are at 700 E. Waco Dr. in Waco, open 24/7/365, licensed by the McLennan County Bail Bond Board, and they guarantee the bail posted and paperwork turned in within 30 to 45 minutes.