Aggressive Texas Attorney Helps Clients Fight Charges for Possession of a Firearm While Intoxicated  

Kerr County attorney defends people accused of carrying a weapon while under the influence of alcohol

The Second Amendment to the U.S. Constitution protects your right to carry a firearm, but there are some circumstances where gun possession is prohibited. One such exception can apply when the person carrying the weapon is intoxicated. If you are arrested on possession of a firearm while intoxicated charges, the Law Firm of Richard L. Ellison, P.C. in Kerrville can help. I have the experience and skill to counter the allegations brought by police and prosecutors.

Can you carry a gun in Texas if you’ve been drinking?

It’s a crime in Texas for you to carry a handgun while you are intoxicated unless one of the following conditions apply:

• You are on your own property or on property you control.
• You are private property with the consent of its owner.
• You are inside of, or directly on your way to, a motor vehicle or boat that you own or is under your control or with the consent of another person who owns or operates it.

Merely drinking alcohol isn’t enough; intoxication means that your mental and/or physical capabilities are impaired. As an experienced Texas gun and weapons lawyer, I can examine the circumstances to assess whether the charges lack necessary legal elements. 

Penalties for possession of a firearm while intoxicated

Upon conviction for possession of a firearm while intoxicated, you may be jailed for up to one year, fined $4,000, or both. However, a negotiated plea agreement might result in a resolution involving probation rather than jail time. A conviction on this charge, standing alone, will not cause you to lose your right to own or possess a firearm. However, if you’re also convicted of another crime, such as assaulting or endangering someone with the firearm, it may increase the penalties you face and could result in the loss of your right to own or possess a firearm. I can explain the potential penalties that may be imposed and will battle to prevent or minimize them.

Types of firearms covered

This law only applies to handguns, which are firearms designed, made or adapted to be used by one hand, such as pistols. I can explain which firearms you may not carry while intoxicated in more detail and contest the charges in court if the law is misapplied.

Factors affecting an unlawful possession case

The prosecutor may take a number of factors into consideration when charging you, such as:

• The circumstances surrounding the incident that resulted in your arrest
• Your prior criminal history
• Specific laws of Texas applicable to your case, such as other criminal statutes you violated

Whatever your particular situation entails, I will explain what type of sentence you could be facing so that you can make an informed decision on how to proceed. 

Potential defense strategies for possession of a firearm while intoxicated

There are several ways in which I may, depending on the circumstances of your case, try to obtain an acquittal or reduction of the charges against you, including:

• Arguing unlawful search and seizure
• Challenging the authenticity and/or accuracy of the evidence brought against you
• Demonstrating that the required legal elements of the crime do not exist, such as the fact that you were not intoxicated
• Negotiating a fair plea bargain

You can count on me to use my knowledge as a Texas criminal defense lawyer when developing a plan to defeat the case against you.

Speak with a Texas attorney if you’ve been accused of possessing a firearm while intoxicated

If you are arrested on a charge of possessing a firearm while intoxicated, trust the Law Firm of Richard L. Ellison, P.C. to provide a resolute defense to the charges against you. To schedule an appointment at my Kerrville office, call me at 830-955-8168 or contact me online.