Bobcat Bail Bonds writes weapons charge bail bonds in San Marcos for people held at the Hays County Jail. Once a magistrate sets bail, we can post a surety bond so the person can go home while the case goes on. The charge decides a lot, from a Class A misdemeanor for unlawful carrying to a felony for a felon in possession.
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How do weapons charge bail bonds in San Marcos work?
Weapons charge bail bonds in San Marcos follow the same path as any other bond. The person is booked into the Hays County Jail, a magistrate sets bail and any conditions, and a licensed bail bond company posts a surety bond for the full amount. You pay the company a fee, not the full bail.
Bobcat’s fees are set case by case, and qualified applicants may be eligible for payment plans. We are open 24 hours a day, 7 days a week, and se habla español.
What sets a weapons case apart is the range. The same chapter of the Penal Code covers a Class A misdemeanor and a felony with a minimum prison term, and bail conditions can reach the person’s firearms. The sections below explain what the statute says.
What are the main weapons charges in Texas?
Texas weapons offenses are set out in Penal Code chapter 46. Three of its sections cover the charges this page is about.
Unlawful carrying of a handgun (Section 46.02)
Texas changed this offense in a law that took effect September 1, 2021. As the statute reads now, the basic offense is carrying a handgun when the person is not on their own property or in or headed to their own vehicle, and the person is either younger than 21 or has a conviction in the past five years for certain offenses, such as some assaults, deadly conduct or a terroristic threat.
Section 46.02 also covers other situations, including:
- carrying a handgun in plain view in the person’s own vehicle, unless the person is 21 or older or licensed, and the gun is in a holster
- carrying a handgun in the person’s own vehicle while engaged in criminal activity, or while barred by law from having a firearm
- intentionally displaying a handgun in plain view of another person in a public place, unless it is in a holster
- carrying a handgun while intoxicated, outside places the statute exempts, such as the person’s own property or vehicle
- carrying a handgun while barred from having a firearm under Section 46.04
Most of these are a Class A misdemeanor. Carrying while barred under Section 46.04 is a felony: second degree, with a minimum of five years, when the person is a felon under 46.04(a), and third degree when the person is barred under 46.04(b) or (c).
Unlawful possession of a firearm (Section 46.04)
This is the charge often called felon in possession. Under Section 46.04(a), a person convicted of a felony commits an offense by having a firearm within five years of release from confinement or supervision, whichever is later, or at any place other than their home after that. It is a felony of the third degree.
The same section also covers a person convicted of a Class A family violence assault, for five years after release, and certain sworn, full-time government employees, other than peace officers, while they are subject to a protective order. Those, and a gang member carrying a handgun in a vehicle, are Class A misdemeanors.
Places weapons prohibited (Section 46.03)
Section 46.03 lists places where carrying a firearm or certain other weapons is an offense, with exceptions written into the statute. The list includes school premises, polling places during voting, courts and court offices, racetracks, secured areas of airports, correctional facilities, and some bars. Most of these are a felony of the third degree, but several, such as sporting events, hospitals and amusement parks, are a Class A misdemeanor.
How a weapons charge affects bail
The level of the charge does not set a bail amount, but it weighs on it. Texas Code of Criminal Procedure Article 17.15 tells the magistrate to consider the nature of the offense and how it was committed, the safety of the victim, law enforcement and the community, the person’s criminal history, and the person’s ability to make bail.
A felon in possession charge brings the person’s earlier felony into the picture by definition. A misdemeanor unlawful carrying charge with no record is a different case. In both, the bail amount is the magistrate’s decision, not ours.
If the charge is a felony, our page on felony bail bonds in San Marcos explains what changes with a larger bond. For the steps from arrest to release, see our guide on how bail bonds work in Hays County.
Can a magistrate bar someone from having firearms?
In some cases, yes. Texas Code of Criminal Procedure Article 17.292 lets a magistrate issue an order for emergency protection after an arrest for certain offenses, such as an offense involving family violence, stalking, sexual assault, or trafficking of persons.
That order can prohibit the person from possessing a firearm, and it suspends a license to carry a handgun. The order is mandatory in some family violence cases, such as an assault where a deadly weapon was used or shown. Our page on family violence bail bonds in San Marcos covers those orders in more detail.
Read the conditions on the release paperwork carefully, and ask us if anything on it is unclear. A magistrate’s order for emergency protection is an order of its own, with its own terms, alongside any bond conditions.
What to do now
First, find out where the person is held, what the charge is, and whether bail has been set. Our Hays County Jail inmate search guide shows how to look someone up, and the jail’s bond information line is 512-393-7807.
Then call us, or start a weapons charge bond online. Anyone thinking of signing as co-signer should first read what co-signing a bail bond means, and the money questions are answered in what a bail bond costs in Hays County.
After release, the defendant must go to every court date the bond requires. Under Texas Code of Criminal Procedure Article 22.01, a missed appearance leads the court to declare the bail forfeited, so if anything gets in the way of a court date, call us before the date.
Bobcat Bail Bonds is licensed by the Hays County Bail Bond Board. Our owner has years of experience as a bail bond agent and runner, and we answer the phone around the clock.
Whether a carry was legal, and what to do about the case, are legal questions a bail bond company cannot answer. We can explain the bond and the paperwork, and we can post it.
Common questions
Is unlawful carrying of a weapon a felony in Texas?
Usually not. Under Texas Penal Code Section 46.02, unlawful carrying of a handgun is generally a Class A misdemeanor. It becomes a felony when the person carries while barred from having a firearm under Section 46.04, such as after a felony conviction.
Can a magistrate order someone not to have guns after an arrest in Texas?
Yes, in some cases. After an arrest for certain offenses, such as family violence, stalking, sexual assault or trafficking, a magistrate's order for emergency protection can bar the person from possessing a firearm, and it suspends a license to carry a handgun.
Do you need a license to carry a handgun in Texas?
Not in every case. As Section 46.02 reads after changes effective September 1, 2021, the unlawful carrying offense applies to people under 21, people with certain recent convictions, and other listed situations. Whether it fits a particular arrest is a legal question a bail bond company cannot answer.
This page is general information, not legal advice, and it may not fit your situation. Bail law and local procedures change; the sources below show where each fact came from. Bobcat Bail Bonds is a bail bond company, not a law firm. We cannot give legal advice and we do not recommend lawyers.