You're More Likely to be Arrested If You Carry a Gun Artwork

What to Expect When You're Arrested (in San Antonio)

I'm a criminal defense attorney in San Antonio. When I was in my early 20s, I was arrested for DWI. I had no idea what to expect or what was going on with my case because my attorney didn't let me know what to expect. Now that I'm an attorney, I want to make sure that you don't have to go through the same experience that I did. This podcast will let you know what you can expect to happen at the different stages of your case. Even though it focuses on how cases in San Antonio are handled, it will be helpful even if you're charged somewhere else. If you've been arrested for DWI, assault, possession, or anything else, you probably have many questions about what will happen in your case. You'll probably have more questions while your case works through the system. This podcast will answer many of your questions.

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What to Expect When You're Arrested (in San Antonio)

You're More Likely to be Arrested If You Carry a Gun

May 14, 2026 • Sean Henricksen Law Firm • Season 2 • Episode 10

0:00 | 5:09

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If you have any questions about this or if you're being charged with a crime, feel free to call us at 210-405-6410 or click here to schedule a free consultation.

Click the link below to receive 4 Things You Should Do If You've Been Arrested:
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We explain why carrying a gun in Texas can make an arrest more likely, even when you believe you are following the rules. We walk through the real situations we see in San Antonio where a firearm turns a small problem into a second case or even a felony.

• traffic stops that escalate when a handgun is in plain view or not carried correctly
• unlawful carry of a weapon arrests that surprise otherwise law-abiding people
• DWI or possession arrests that lead to a vehicle search and an added gun charge
• how two cases get harder to dismiss than one
• felony convictions from decades ago that still trigger felon in possession charges
• self-defense situations that become aggravated assault with a deadly weapon or deadly conduct
• why there are no guarantees once you are arrested and charged
• practical steps to lower risk while respecting Second Amendment rights

Sean Henricksen Law Firm

sean@seanhenricksen.com

210-405-6410

106 S. St. Mary's St., Ste 445

San Antonio, Texas 78205

www.seanhenricksen.com

Welcome And Free Resources

SPEAKER_00 0:01

Hi, and welcome back to another episode of What to Expect When You're Arrested. This is your host, Sean Hendrickson, here from the Sean Hendrickson Law Firm, where we help good people like you avoid the devastating consequences of criminal charges. Today we're going to be talking about why you are more likely to be arrested if you carry a gun in Texas than if you don't. Before we get to that, we do have a free download for you. It's five things you should do right now if you've been arrested. There's a link down in the show notes. You can click on that and we'll send that right out to you. And if you're being charged with a crime here in San Antonio, give us a call at 210-405-6410. Or you can click down in the show notes. There's a link down there to schedule a free consultation with us. We'd be happy to discuss your case with you, let you know how we may be able to help and answer any questions you might have about what you're being charged with, just to try and put you in a better position, even if we can't represent you in the end. So

Why A Gun Raises Arrest Odds

SPEAKER_00 1:01

in Texas, you are more likely to be arrested if you have a gun, but why is that? We've had a lot of different clients that we've represented in the past for different reasons, and they were arrested and charged because they had a gun with

Traffic Stops And Unlawful Carry

SPEAKER_00 1:16

them. Some of those people were pulled over for speeding. They had a handgun that was not in a holster and it was in plain view. So they end up getting arrested for unlawful carry with a weapon. Most of these people had no idea that they were violating the law. They had no intention of violating the law. They just had their gun with them in their car and they thought that they were doing what they were supposed to be doing, and they still end up getting arrested.

Small Charges Become Two Cases

SPEAKER_00 1:42

We've had a lot of clients who have gotten arrested for something else, like DWI or having a vape pen or something like that. And once they get arrested, the officers search their vehicle, the officer finds a gun, and now, in addition to that DWI charge or possession charge, they're also being charged with unlawful carry of a weapon. And so now they've got two cases that they're that they're having to try to beat instead of just one. And it just complicates everything. And it's much harder to get two cases dismissed than it is to get one case dismissed.

Old Felonies And Firearm Possession

SPEAKER_00 2:15

We've also had a lot of clients who had a felony from like 20 or 30 years ago, and they thought that it had been so long or that the laws had changed that they could have a gun now, and so they were carrying a gun for that reason. And they end up picking up a felon and possession case, which is a felony case and can have serious consequences, including prison time. In Texas, if you have ever been convicted of a felony, whether the conviction is in Texas or another state, you cannot have a firearm. There's a limited exception about where you may be able to have it in your home and that's it. But anywhere outside of your home, it is definitely illegal and it is a felony. So make sure that you are aware of that.

Self-Defense That Becomes A Felony

SPEAKER_00 2:59

Lastly, we've had a lot of clients who carried a gun on them for protection and they were in a situation where they felt like they were in danger or a family member was in danger, and so they pulled out their weapon. But when the cops got there and investigated everything, you're in a he said, she said type of situation. And of course, the other person is not going to say that they did anything to put you in fear of your life or in fear of being assaulted. And that person ends up getting arrested. My client ends up getting arrested who pulled the gun out to defend themselves, and now they're facing an aggravated assault with a deadly weapon charge or a deadly conduct charge or something similar to that, all because they were trying to protect themselves, which was the entire reason they were carrying their gun. Now, we may be able to beat some of these cases in the end, but you're still going to be arrested, you're going to be charged with a crime, you're going to have to bond out of jail and hire an attorney, and you're going to have this on your record until you get it cleaned up. And there's always the chance that even if you were in the right, that we can't get this case dismissed, or that a jury comes out with a wrong decision and convicts you that there's never any guarantees once you get arrested.

Practical Takeaways And Next Steps

SPEAKER_00 4:13

The takeaway that I want you to walk away with is not that you can't carry a gun. You have your Second Amendment right to carry a gun. And in Texas, we've got pretty liberal gun laws that allow you to carry guns in lots of situations. However, you need to make sure that you're aware of the laws around carrying guns. You need to make sure that you are not committing any other crimes that can get you arrested in that way. And if you do draw your gun, make sure that it's a situation where you feel like it's absolutely necessary to protect yourself. I hope that this has been helpful for you. If you have any questions for me, feel free to give me a call at 210 405 6410, or you can click on that link down in the show notes to schedule a free consultation with me. I'd be happy to answer any questions that you have. And again, if you're being charged with a crime here in San Antonio, absolutely give me a call or schedule that free consultation so that we can help you out. I hope that you have a great day.