Committed Kerrville Attorney Protects Your Rights When You Face Weapons Charges
High-caliber representation from a lawyer board certified in criminal law
Texas has a long history of championing gun rights, but those rights come with very specific rules and definitions that impact how and when you may possess or carry a firearm and other weapons. Failure to be aware of these rules can result in a conviction carrying jail time and fines and also impacting future gun rights. The Law firm of Richard L. Ellison, P.C. defends those charged with running afoul of Texas gun laws. As an attorney certified in criminal law by the Texas Board of Legal Specialization, I have the background and resources to protect your rights.
Understanding Texas weapons possession laws
Successful defense of gun law charges in Texas depends on a keen understanding of the state’s regulatory scheme. Texas issues permits to carry a concealed handgun in public places legally for applicants who meet these requirements:
- Six-month Texas residency
- No prior felony convictions
- No misdemeanor A or B convictions within 5 years
- No pending criminal charges
- No restraining or protection order against
- No drug or alcohol dependency
- No diagnosed psychological disorders
- Up to date on child support, government fees, and taxes
It is a crime to intentionally, knowingly or recklessly carry a handgun or knife except on your own property or directly en route to a vehicle or watercraft that you own or control. Even if you own the vehicle, the gun cannot be in plain sight, unless you are licensed to carry the weapon; then it must be in a shoulder or belt holster.
Conviction of unlawfully carrying a handgun is a Class A misdemeanor, punishable by up to a year in county jail and a $4,000 fine. The weapons violation is upgraded to a felony if it occurs in a liquor-licensed establishment, during the commission of a crime or after a felony conviction.
Places in Texas where weapons are prohibited
Texas law makes it a third-degree felony to knowingly possess handguns and certain other restricted weapons and devices in any of the following locations or events:
- Schools or educational institutions
- School-sponsored activities or sporting events
- Polling places on election day
- Execution place on day of execution
- Government buildings
- Secure areas of an airport
- Liquor-licensed premises
Besides handguns, the restricted weapons and devices include firearms, silencers, short-barrel firearms, machine guns, armor-piercing ammunition, zip guns, explosive objects (bombs, grenades, rockets, mines), hoax bombs, clubs (nightsticks, blackjacks, maces, tomahawks), location-restricted knives (blade over five and a half inches), switchblades, swords, metal knuckles, chemical dispensing devices. Antique and curio weapons are exempt from the restrictions.
Texas law restricts the sale, rental, lease, loan or donation of a handgun to anyone who is intoxicated of who indicates an intention to use the weapon illegally. Other prohibited recipients are people convicted of a felony within the previous five years or who are on parole or supervision or subject to an active protective order.
Skillful defense against weapons charges in Texas
As a seasoned criminal defense attorney who understands the nuances of Texas weapons offenses, I can provide you with the best possible representation. Besides challenging the allegation that you knowingly violated the law, I attempt to find holes in the prosecutor’s case by challenging witness statements, identification of you as the suspect and the purpose of the weapon in question. I build a strong defense by conducting an intensive investigation that encompasses all of the evidence.
Contact a board-certified criminal lawyer for weapons charges in Kerrville
If you have been arrested or otherwise charged on a weapons offense in Texas, you need an experienced attorney you can trust to provide a vigorous defense. Call the Law Firm of Richard L. Ellison, P.C. at 844-337-5819 for a free consultation, or contact my Kerrville office online.