El Paso Gun Crime Lawyers
One of Six Board Certified Criminal Law Specialists in El Paso County
Texas leads the nation in gun ownership, and El Paso County reflects that culture. But even in a gun-friendly state, the line between lawful carry and a criminal charge can be surprisingly narrow. A gun conviction can mean prison time, loss of your right to carry, and lasting consequences for your immigration status or employment.
At Benjamin Law Firm, our gun charge defense attorneys in El Paso County bring credentials that matter for this kind of case. Attorney Brock Benjamin is Board Certified in Criminal Law by the Texas Board of Legal Specialization. It is a designation held by a small percentage of Texas attorneys, and he is one of only six Board Certified Criminal Law Specialists practicing in El Paso County. Before founding the firm, he served as an Assistant District Attorney in the El Paso District Attorney’s Office from 2006 to 2010, giving him direct knowledge of how prosecutors build gun cases and where those cases can be challenged.
We defend both state and federal gun charges. Consultations are available in person or virtually at no cost. Hablamos español.
Call (915) 320-6730 or contact us online to schedule a free consultation with an El Paso gun crime attorney.
Strength for the Battle Ahead Turning Challenges Into Triumphs
Here's What Sets Benjamin Law Firm Apart
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Strong Legal Relationships
Our connections with colleages in the field, law enforcement, and prosecutors enhance our ability to advocate for you.
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Board-Certified Attorney
Founding attorney Brock Benjamin is one of only six certified criminal law attorneys in El Paso County.
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Client-Centered Approach
We prioritize your needs, keeping you informed and treating you with dignity throughout the entire legal process.
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Aggressive Defense Strategy
We conduct thorough investigations and leverage our nearly 100 jury trials to create effective strategies tailored to your case.
Texas Permitless Carry & When Gun Charges Still Happen
Texas HB 1927, which took effect September 1, 2021, allows persons 21 or older to carry a handgun in public without a License to Carry (LTC), provided they aren’t otherwise prohibited by state or federal law. It’s one of the most expansive carry laws in the country. But it doesn’t eliminate gun charges for El Paso County residents.
Who Remains Prohibited Under Permitless Carry
Permitless carry leaves significant restrictions in place. Convicted felons, individuals subject to active protective orders, and those with domestic violence misdemeanor convictions can’t legally carry under the new law. Carrying while committing another offense, during a DWI stop or a drug possession arrest, for example, can still produce an Unlawfully Carrying a Weapon (UCW) charge even for someone who would otherwise be eligible. The law also doesn’t override the prohibited locations listed under Texas Penal Code 46.03: schools, polling places, court offices, and secured airport areas remain off-limits regardless of carry status.
Why Law-Abiding Gun Owners Still Face Charges
A License to Carry still carries practical advantages. LTC holders benefit from reciprocity agreements with states that don’t recognize Texas permitless carry, which matters for anyone who travels with a firearm. More broadly, many gun charges in El Paso County arise not from bad intent but from honest misunderstandings of what permitless carry does and doesn’t permit. If you’re facing charges, an experienced gun charge defense attorney who knows these distinctions can make a real difference in how your case proceeds.
When the stakes are this high, you want a team with a track record of wins. Check out some of our recent case results and see the difference an experienced team of advocates can make.
Why Clients in El Paso County Choose Benjamin Law Firm
Gun charges in El Paso County can move quickly from an arrest to a serious state or federal proceeding. Our firm has represented clients in more than 2,000 cases with a success rate exceeding 90 percent. It is a record built on preparation, knowledge of local courts, and the technical command that Board Certification in Criminal Law requires.
Attorney Benjamin has been selected to Super Lawyers every year from 2015 through 2025 and holds a Martindale-Hubbell peer review rating. Attorney Herrera brings additional capability for cases that span Texas and federal court. Together, they handle everything from first-time UCW charges to multi-count federal firearms trafficking cases.
We offer free consultations by phone, in person, or virtually, and we serve Spanish-speaking clients throughout El Paso County.
Call (915) 320-6730 or email us today to discuss your case with an El Paso gun crime attorney.
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"The Team is Awesome"
Mr. Benjamin and his team were extremely professional and helpful. The rest of the team was awesome! He is a great attorney who understood my desired outcome, and work effortlessly to achieve that goal.- Ryan G. -
"Nothing Short of Amazing"
He did a thorough investigation of the facts and communicated every detail with me. Whenever I was in doubt, I’d call him.- Trish K.