Legal Question in Criminal Law in Texas

This is a very vague question. You did not specify, for example, if you are a felon.

I will answer without doing any research on the specific issue but based upon what I know about the subject.

I think you can be charged, but whether or not you can, or will be convicted without adequate evidence is another issue.

If you are saying that the officer did not take the firearm, and he intends to testify at trial that, "I saw him with a firearm on this date at this time." I do not think that would be sufficient for a conviction, especially if there were only one officer.

If you are saying that someone else saw you with the firearm and made a statement to the police that he saw you with a firearm, that probably would not be sufficient either for a guilty verdict.

However, if you were charged than you can be, and have been charged. Now whether or not a motion is appropriate to have the case dropped is another matter.