Firearm & Gun Defense Lawyer in Dallas
Were You Arrested for a Weapons Offense?
Texas is known for its emphatic support of each American's 2nd Amendment right, or the right to bear arms. Our state also supports some of the most liberal firearm laws in the nation. This is not to say, however, that Texas condones the use of firearms for unlawful purposes or the use of firearms by individuals with certain criminal backgrounds. In fact, there are numerous gun laws in place that establish a general code of conduct that all Texans are expected to abide by. When firearm or weapons offenses do arise, the criminal court system prosecutes and penalizes offenders aggressively.
Types of Weapon Charges
Some of the most notable and common firearm and weapon offenses include:
- Felon in possession of a firearm
- Improperly discharging a gun
- Unlawful possession / carrying of a firearm or weapon
- Using a weapon during a crime
- Sale or distribution of illegal firearms
Texas Open Carry Laws
Since 2016, Texas has allowed for the open carrying of handguns in a hip or shoulder holster without having to conceal it, as long as you have valid handgun license. However, you are prohibited from openly carrying in certain places - doing so can lead to an unlawful possession charge.
Unlawful Possession of a Firearm Charges
Although Americans have the right to bear arms, they can lose this privilege when they commit certain criminal offenses. Under § 46.04 of the Texas Penal Code, unlawful possession of a firearm can occur in several ways.
- Anyone convicted of a felony or a domestic violence charge is not permitted to possess a firearm within five years of their release from incarceration or community supervision. Once this five year period has elapsed, these individuals may not possess a firearm anywhere other than their home.
- If you are an employee of the state and possess a firearm before a protective or restraining order against you has expired, you may face unlawful possession of a firearm charges as well.
- Additionally, there are specific locations, such as schools, polling places, courthouses, airports, and others where it is illegal to knowingly carry a weapon.
Depending on various factors in your case, these weapons charges will be prosecuted as either a misdemeanor or felony with differing penalties for conviction.
Elevated Weapons Charges
The presence and/or use of a firearm during the commission of a crime will subject a person to heightened charges and criminal penalties. Using a firearm during a theft crime or violent crime, for example, is considered an aggravating circumstance.
How the Mathur Law Offices, P.C., Can Help
Equipped with decades of criminal defense experience, our legal team has developed the ability to handle a wide range of cases and criminal charges. We are familiar with many of the unfamiliar court procedures and know precisely how to negate the prosecution's case. As firearm offenses are serious crimes, we dedicate extensive resources and time into working our clients' defense to its full potential. No matter the complexities involved in your case, you can be confident that our Dallas criminal defense lawyers thrive where others fail and fight tirelessly to protect your rights and future.
Learn More About Firearm Offenses During a Consultation
If you or your loved one has been charged with unlawful possession of a firearm, or if you face allegations involving a dangerous weapon, waste no time in securing the advice and guidance you need.
Reach out to our firm for an in-depth, personalized case evaluation that will give you the chance to learn more about the charges you face, the potential penalties, and what our firm can do to dismiss or reduce your charges. Our firm has proven ourselves as experienced criminal defense lawyers who always fight for the best possible resolution.
Call (888) 867-5191 for your case evaluation.
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