Defending Your Rights: Weapon Charges After a Traffic Stop in San Antonio

Why a Routine Traffic Stop Can Become a Serious Criminal Charge in Texas

A simple traffic stop in San Antonio or Bexar County—for a broken taillight, speeding, or any other minor infraction—can quickly escalate into a life-altering criminal weapons charge. In Texas, where laws surrounding firearms in vehicles are nuanced and frequently misunderstood, an otherwise lawful action can be misconstrued as a crime by law enforcement. At Barton & Associates, we specialize in defending individuals facing gun and weapon charges stemming directly from traffic stops. We understand that the discovery of a firearm during a stop is not an automatic conviction; it is the beginning of a complex legal battle where your Constitutional rights are on the line.

The confusion often arises from the interaction between Texas’s “constitutional carry” laws and the numerous restrictions that remain in place. Many citizens believe they have an unfettered right to carry a weapon in their vehicle, but law enforcement officers from the San Antonio Police Department (SAPD) and Bexar County Sheriff’s Office are trained to scrutinize these situations closely. An improperly stored weapon, a passenger’s status, or a minor misunderstanding about the law can lead to charges like Unlawful Carrying of a Weapon (UCW) or even felony possession. Our role is to dissect every moment of your stop, challenge any overreach, and protect your future from the severe penalties that accompany a weapons conviction in Texas.

Understanding the Legal Framework: When is a Firearm in a Vehicle Lawful?

Texas law, specifically Penal Code § 46.02, allows for the lawful carrying of a handgun in a motor vehicle without a License to Carry (LTC) by individuals who are not otherwise prohibited (e.g., convicted felons). This is the core of the state’s vehicle carry provision. However, this right is not absolute and comes with critical conditions that, if violated, form the basis for most charges arising from traffic stops.

For the carry to be lawful under this statute, the handgun must be concealed from ordinary view. This is the most common point of contention during a traffic stop. If an officer claims the weapon was in “plain view” on the seat, console, or dashboard, it can instantly create probable cause for an arrest, even if you intended for it to be hidden. Beyond this, the individual must not be engaged in criminal activity (other than a minor traffic violation) and not be a member of a criminal street gang. Furthermore, there are entire categories of people who are legally prohibited from possessing any firearm at all, including those with prior felony convictions or certain domestic violence misdemeanors on their record. An officer’s discovery of a weapon triggers an immediate investigation into your personal history, which can turn a simple stop into a felony arrest.

The Critical Role of the Fourth Amendment: Unlawful Searches and Seizures

The single most powerful defense in a vehicle weapons case often lies in the Fourth Amendment’s protection against unreasonable searches and seizures. Law enforcement cannot simply search your vehicle because they have a “hunch.” At Barton & Associates, our defense strategy begins with a microscopic examination of the legality of every action taken by the officer.

• The Initial Stop: We first question whether the officer had valid reasonable suspicion to pull you over in the first place. A pretextual stop—where a minor violation is used as an excuse to fish for other crimes—must still be based on an actual, observable traffic offense.
• The Scope of the Search: Following a valid stop, an officer’s authority is limited. They may order you out of the vehicle for safety (Pennsylvania v. Mimms), but to search the passenger compartment, they generally need either: 1) your consent, 2) probable cause to believe contraband is present, or 3) a reasonable belief that you are dangerous and may access a weapon (Michigan v. Long). The “plain view” doctrine is frequently cited; we aggressively challenge whether the weapon was truly in plain view or if the officer manipulated items in your car to see it.
• Inventory Searches: If you are arrested and your vehicle is impounded, police may conduct an “inventory search.” We scrutinize whether the impoundment was necessary and whether the department’s inventory policy was followed precisely, as any deviation can render the discovery of a weapon inadmissible.

A successful Motion to Suppress evidence based on an illegal search can be case-ending. If the weapon is suppressed, the prosecution frequently has no choice but to dismiss the charges against you.

Common Traffic Stop Scenarios That Lead to Weapon Charges

Our experience defending clients in Bexar County courts has shown that weapons charges often arise from specific, recurring scenarios during traffic stops:

1. The “Plain View” Discovery: An officer approaches your window and claims to see the grip of a handgun between the seat and console, under paperwork on the passenger seat, or in an unzipped bag. The legality hinges on whether the officer was legally positioned and whether the item was immediately apparent as contraband.
2. Consent Searches: An officer asks, “You don’t mind if I take a quick look in your car, do you?” Many individuals feel pressured to say yes, not knowing they have the right to refuse. Any evidence found during a consent search can be used against you. We examine whether that consent was truly voluntary and not coerced by the officer’s presence or demeanor.
3. Search Incident to Arrest: If you are arrested for an unrelated issue (e.g., an outstanding warrant), the officer may search the passenger compartment of your vehicle. We challenge whether the arrest was valid and whether the search’s scope stayed within the bounds allowed by law.
4. Weapon Uncovered During an Inventory Search: As mentioned, this follows an arrest and impoundment. We demand the department’s written inventory policy and compare the officer’s actions to its specific protocols.
5. Passenger Charges: A weapon found under a passenger seat or in a backpack can lead to charges against the driver, the passenger, or both. We fight allegations of “constructive possession,” where the prosecution must prove the accused had knowledge of and control over the weapon—a burden that is often difficult for them to meet.

Consequences of a Conviction: More Than Just a Fine

The potential penalties for a weapon charge from a traffic stop underscore why an aggressive defense is essential. A Class A misdemeanor UCW charge carries up to a year in jail and a $4,000 fine. However, circumstances can quickly elevate the charge. If you are a felon in possession, you face a third-degree felony punishable by 2 to 10 years in a Texas state prison. Even if jail time is avoided, a conviction results in a permanent criminal record that will:

• Permanently revoke your right to own or possess firearms under federal law.
• Severely limit employment opportunities, especially in fields requiring security clearances or professional licenses.
• Create barriers to securing housing, loans, and educational opportunities.
• Damage your personal and professional reputation irreparably.

The Barton & Associates Defense Strategy for Traffic Stop Weapon Cases

At Barton & Associates, we bring a focused, multi-pronged strategy to defend you against weapons charges arising from traffic stops. Our approach, led by Attorney Gary J. Barton and his team, is built on preparation and relentless advocacy.

• Immediate Case Investigation: We act quickly to secure and review all evidence, including the officer’s dashcam and bodycam footage (crucial for challenging the “plain view” claim), the arrest report, and dispatch logs. We may visit the scene of the stop to understand sightlines and officer positioning.
• Constitutional Challenge as Foundation: Every case is evaluated through the lens of the Fourth Amendment. We file precise, forceful motions to suppress evidence obtained from any search we believe was unconstitutional. Our former prosecutorial experience gives us keen insight into how the state will argue its case, allowing us to build stronger counter-arguments.
• Navigating Complex Jurisdictional Issues: As highlighted on our main weapon crimes page, a single act can trigger both state and federal charges. Our firm is equipped to handle the complexities of both systems, particularly if the stop involves allegations that cross jurisdictional lines or if the accused is a prohibited person under federal law.
• Trial-Ready Representation: We prepare every case as if it will go before a jury at the Bexar County Justice Center. This commitment ensures we are never forced into an unfavorable plea deal out of fear. Prosecutors know we are fully prepared to try cases, which often leads to better pre-trial negotiations and outcomes for our clients.

What to Do If You Are Stopped and Have a Weapon in Your Vehicle

Your actions during the stop can significantly impact your future defense:

1. Remain Calm and Be Polite. Do not argue with the officer. Hostility can be used to justify a search for officer safety.
2. You Have the Right to Remain Silent. Politely state that you are choosing to remain silent. Do not volunteer information about any weapon. You are not required to disclose that you have a firearm unless directly asked by the officer, and even then, you should consult with an attorney before answering.
3. You Have the Right to Refuse a Search. If an officer asks to search your vehicle, you have the right to calmly and clearly say, “I do not consent to a search.” This preserves your Fourth Amendment rights and gives your attorney the strongest basis to challenge any subsequent search.
4. Immediately Request an Attorney. If you are detained or arrested, clearly state, “I want to speak to an attorney.” Do not answer any further questions until your lawyer is present.

Secure Your Freedom and Future: Contact Barton & Associates Today

A weapon charge from a traffic stop is a serious matter that demands an immediate and serious response. The criminal justice system moves quickly, and evidence must be preserved and challenged early. Do not risk your rights, your freedom, and your future by navigating this complex legal terrain alone or with inadequate representation.

Exercise your right to legal counsel now. Contact Barton & Associates for a free, confidential consultation. Call our San Antonio office directly at 210-500-0000 or complete our online contact form. Let our experienced weapons charge defense attorneys, with our deep knowledge of Texas law and Bexar County courts, stand with you. We will review the details of your stop, explain your options, and begin building the powerful, tailored defense you deserve. Your fight for justice starts here.

Main Category: Criminal Defense
Practice Area Category: Weapon Crimes
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000