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500 Main St, Suite J, Kerrville, TX 78028

Lawyer for an Unlawful Possession of a Weapon Charge in Texas  

Kerr County attorney protects the rights of people accused of firearms offenses

Though Texas takes the Second Amendment seriously, there are various restrictions on firearms and other weapons that could lead to criminal sanctions. At the Law Firm of Richard L. Ellison, P.C. in Kerrville, I have the experience and skill you need if you’re charged with the crime of unlawfully carrying a firearm in Texas.

Texas law on unlawful possession of a weapon

Texas law makes it a crime for you to possess a weapon if you were convicted of a felony or domestic assault and you were released from prison, community supervision, parole or mandatory supervision fewer than five years ago. A similar law exists relating to individuals named in domestic violence protective orders. However, there is a legal challenge to that rule, particularly its effect on people who did not use physical force in the incident giving rise to the protective order. If you’re charged with unlawfully possessing a firearm, I will outline the current legal standards and zealously defend you in court.

What types of weapons are covered by the Texas unlawful possession law?

In general, the Texas unlawful possession laws apply to firearms, with the exception of antique guns manufactured before 1899. However, Texas makes it unlawful to knowingly possess certain other weapons under most circumstances, including:

  • Unregistered explosive weapons, machine guns and short-barrel firearms
  • Armor-piercing ammunition
  • Chemical-dispensing weapons
  • Improvised explosive devices

Regardless of the weapon you’re charged with unlawfully possessing, I will discuss the applicable law with you in detail and advise you on the best way to respond to the allegations.

Penalties if caught in possession of an unlawful weapon

The punishment for unlawful possession of a weapon depends on the nature of the purported offense. If a conviction relates to a prior felony or a prohibited weapon, it’s a felony of the third degree, punishable by two to 10 years in prison and a maximum $10,000 fine. An unlawful possession count stemming from a prior domestic violence incident resulting in a protective order is a misdemeanor, punishable by a fine of $4,000, as much as one year in jail, or both. Any criminal punishment can seriously disrupt your life, and I will use every reasonable effort to help you avoid them.

Factors that can increase the penalties for weapon possession in Texas

The punishment for unlawful possession of a weapon may be increased in some circumstances. For instance, the offense will be upgraded one level if you possess a gun within 300 feet of a school or where an official school function is taking place. Likewise, if your unlawful weapons charge would otherwise be regarded as a misdemeanor, it may be treated as a felony of the third degree if you’re found in possession of a firearm in one of several locations named in the law, including a polling place, courthouse, racetrack, secure area of an airport, prison, mental hospital, amusement park or government meeting room. When warranted, my firm strives to reduce excessive charges not supported by the facts. 

Defending charges of unlawful possession of a weapon in Texas

Depending on the circumstances, I might identify a number of potential defenses that could be useful in your case, such as: 

  • Seeking to suppress the evidence brought against you on constitutional grounds
  • Challenging the witnesses and other evidence against you in court
  • Demonstrating that you actually did not possess the firearm in question or did so unintentionally

I will identify and develop any reasonable defense you have to the charge of unlawful possession of a weapon.

Contact a Board-certified Texas criminal defense attorney if you’ve been charged with unlawful possession of a weapon

The Law Firm of Richard L. Ellison, P.C. in Kerrville represents clients accused of unlawful possession of weapons in Texas. To schedule an appointment, call 830-955-8168 or contact me online.