Criminal Defense Attorney Represents Texans Facing Unlawful Carrying of a Weapon Allegations
Kerr County law firm defends clients against weapon charges
Although Texas respects the right to bear arms, it does impose a number of regulations on when and where you may carry weapons. At the Law Firm of Richard L. Ellison, P.C in Kerrville., I will provide the zealous defense you need if you’re charged with unlawful carrying of a weapon in Texas.
Types of weapons covered by Texas law
Weapons regulated under state law include guns, explosives, knives with blades more than five and a half inches long and other weapons that can inflict serious bodily injury or death by striking someone. I provide reliable counsel if there is a dispute as to whether a particular item qualifies as a weapon under the statute.
Prohibited locations for carrying a firearm in Texas
There are many places where you aren’t allowed to carry any weapons, or where you may not bring any weapons at certain times. These include:
- Schools and school buses, when in use
- Polling places during elections
- Courts
- Racetracks
- Airports past the security checkpoint
- Businesses licensed to sell alcohol, if that’s the source of most of their income
- Sporting events, unless the weapon is for use in a sport
- Amusement parks
- Correctional and civil commitment facilities
- Hospitals, nursing homes and mental facilities, unless you have written authorization to carry from the facility’s administrators
- Public meetings of governmental bodies
I can explain these prohibitions in more detail and defend you if you are accused of violating one of them.
Unlawful possession of a firearm by a felon
If you’ve been convicted of a felony, you may not possess a firearm for five years after you complete your sentence, and thereafter may not take a firearm outside your own home. Should you be charged with violating this provision, my firm will review the facts to determine if the possession was inadvertent or if another defense applies.
Penalties if convicted of unlawful possession of a firearm
Many weapon-carrying offenses are punishable by up to one year in jail and a $4,000 fine, but there are exceptions. For instance, carrying weapons (other than regulated knives) into prohibited places (other than sporting events, amusement parks, civil commitment facilities and hospitals) is punishable by between two and 10 years in prison, as well as a possible $10,000 fine. The same penalties apply to unlawfully possessing a firearm while a felon, if you do so on your own property or in or en route to your motor vehicle or boat. However, if you commit this last offense elsewhere, incarceration could run from between five and 99 years. Carrying a regulated knife is only punishable by a fine of up to $500. A conviction will leave you with a criminal record however, which might make it difficult for you to find a job and enjoy other opportunities in the future. That is why, if you’re charged, you need an experienced Texas gun and weapons lawyer in your corner.
Potential defense strategies for unlawful possession
As a Texas criminal defense lawyer, I know how to utilize various defense tactics, such as:
- Challenging the admissibility and veracity of the evidence against you
- Demonstrating your lack of knowledge that you possessed a weapon
- Arguing that you acted in self-defense
- Showing that you had lawful authority to possess the weapon
- Negotiating a plea bargain
I will tailor my strategy based on the circumstances in an effort to obtain the best outcome possible for you under the circumstances.
Contact Texas attorney to defend you against an unlawful carrying of a weapon charge
If you are accused of unlawful possession of a weapon, 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.