Weapons Charges
Weapons Charges
The lawyers at Midence & Skillern are experienced in defending citizens accused of weapons charges. Weapons offenses in Texas can include:
- Felon in possession of a firearm
- Unlawful possession of a deadly weapon
- Firearms trafficking
- Carrying a weapon into an airport
- Possession of an illegal weapon
- Unlawful sale or distribution of firearms or weapons
- Possession of a firearm in the commission of a crime
- Unlawful brandishing or discharge of a firearm
- Use of a weapon in the commission of a crime
Texas and Harris County do not take these offenses lightly, and you could easily end up facing serious felony charges if you are accused of violating certain Texas weapon laws.
While some weapons offenses are misdemeanors, a conviction can still have serious effects on your life because future employers and others who view your criminal record may consider it similar to a crime of violence.
Texas criminal law prohibits the possession of certain weapons outright, except in cases of antiques, curios, or those licensed by the federal government. Prohibited weapons are:
- Explosive weapons such as grenades, bombs and rockets.
- Machine guns.
- Rifles with barrels less than 16 inches long.
- Shotguns with barrels less than 18 inches long.
- Any rifle or shotgun altered so that the entire weapon is less than 26 inches long.
- Switchblades knives.
- Brass knuckles.
- Improvised handguns, also known as “zip guns.”
It also is illegal for a person convicted of any felony or a misdemeanor domestic assault to possess any kind of firearm within five years of being released from jail, prison or probation. After that, Texas law permits the person to possess a firearm at home. Possession of a weapon by is a third-degree felony if the person has a felony conviction, and a Class A misdemeanor if a person has a domestic assault conviction.
Unlawfully carrying a weapon in Texas
Unless you have a state license to carry a concealed handgun, it is illegal for you to carry around any kind of weapon in Texas, except under certain limited circumstances.
That is, you are allowed to carry a weapon to your car to transport it, and you are allowed to carry a weapon at your home or a place you control, such as your place of business. If the weapon is in your car, it has to be hidden from plain view and you must be traveling.
Even those with handgun licenses are not allowed to openly carry their guns where other people can see them. License holders also cannot carry their guns in churches, hospitals, amusement parks, or at government meetings or sporting events. Doing so is a Class A misdemeanor, unless it was at a business selling alcohol. That’s a third-degree felony.
Texas Gun Crimes – Penalties
Carrying or possessing a weapon illegally is one thing, using it is another. Texas law makes it a crime to fire a gun in public, unless in defense of yourself or another person, and enhances the penalties for using a gun in the commission of certain crimes.
Firing a gun in a public place falls under the disorderly conduct statute and is a Class B misdemeanor, except inside the city limits of a town with a population of more than 100,000 people. In that case, it becomes a Class A misdemeanor.
Using a gun, whether you fire it or not, while committing a violent crime such as robbery, assault, or sexual assault can automatically increase the offense to an “aggravated” status, making it a first-degree felony punishable by up to life in prison.
If you carry a gun while committing other non-violent offenses, you also may not have the option of community supervision, instead of prison, if convicted. In some cases, even if you get community supervision, you will still be required to serve at least 90 days in jail.
The seriousness of weapons charges in Texas means it is imperative that you seek the help of a criminal defense lawyer as soon as you can. Midence & Skillern, PLLC will be able to assess the evidence and either fight the charges.
