Firearm / Weapon Offenses
Individuals who are charged with a
firearm or weapon offense in Houston frequently commit this criminal
offense unknowingly. Under Texas law, almost anyone can possess a
firearm in an enclosed location in their vehicle or in their home.
However, an individual can be charged with a misdemeanor or felony
offense if he carries his handgun in an unlawful place or is prohibited
from carrying a weapon because he is a convicted felon.
The possible penalties for committing a
gun or weapon crime in Houston are serious, including a permanent
criminal record, high fines, inability to possess or own a firearm in
the future and/or jail or prison time.
If you are charged with a firearm or
weapon offense in Houston, it is important to hire an experienced
criminal defense attorney who will fight for your rights, freedom and
future. The prosecutor has the burden to prove each element of the
charges against you beyond a reasonable doubt. This means if the jury
has a reasonable doubt in their mind, the jury should find you not
guilty.
Houston Weapon Offenses Lawyer
If you are accused of committing a
firearm or weapon offense in Harris County or Fort Bend County, call the Law Office of James G. Sullivan & Associates for a
free consultation at 281-546-6428
about your firearm or weapon charges. Sullivan knows the law and will
make every effort to achieve a dismissal, a not guilty or a reduction in
the charges against you.
Firearm and Weapon Examples
Section 46.01 of the Texas Penal Code
lists the weapons, guns and firearms that may be prohibited and/or could
result in a criminal offense:
A knife,
Armor-piercing ammunition,
Blackjacks,
Bowie knives,
Chemical dispensing devices,
Clubs,
Daggers,
Explosive weapons,
Firearm silencers,
Handguns,
Illegal knives,
Knuckles,
Mace,
Machine guns,
Nightsticks,
Short-barrel firearms,
Spears,
Switchblade knives,
Swords,
Tomahawks, and/or
Zip gun.
Firearm and Weapon Offenses
Under Texas law, an individual who is
charged with any of the following criminal weapon offenses could face
severe penalties and consequences:
According to Texas Penal Code§ 46.02(a),
an individual can be charged with unlawfully carrying a weapon if he
intentionally, knowingly or recklessly carries a weapon on his body when
not on his property or inside his vehicle. This offense can be charged
as a Class A misdemeanor or a felony of the third degree.
According to Tex. Penal Code §
46.02(a-1), an individual can be charged with unlawfully carrying a
firearm if he intentionally, knowingly or recklessly carries a handgun
on his person or in his vehicle:
that is in plain view,
when he is engaging in criminal activity,
when he is prohibited from having a firearm in his possession, or
if he is a member of a criminal street gang.
This charge can result in a conviction of a Class A misdemeanor or of a felony of the third degree.
According to Tex. Penal Code §
46.02, an individual can be charged with unlawful possession of a
firearm if he possesses a firearm and:
has been convicted of a felony and possesses the firearm before he has been released from confinement for five years;
has been convicted of domestic
assault and possesses the firearm before he has been released from
confinement or community supervision for five years; or
he is an employee of the State and
possesses the firearm before the expiration of a protective or
restraining order against him.
This offense is punishable as Class A misdemeanor or felony of the third degree.
An individual can also be charged
with a weapons offense if he possesses a weapon during the commission of
a serious criminal offense. Commonly referred to as aggravated
offenses, these offenses can include, but are not limited to, the
following:
Aggravated Assault,
Aggravated Kidnapping,
Aggravated Robbery, and/or
Aggravated Sexual Assault.
Additionally, an individual who
knowingly carries a weapon in a prohibited public place can be charged
with a criminal offense. These places can include, but are not limited
to, the following:
Schools,
Polling places on election day,
Racetracks,
Courthouses, and/or
Airports.
Texas Concealed Weapon Carry Laws
According to Chapter 411 Subchapter H of
the Texas Government Code, individuals in Texas who have applied for
and met the requirements for a license to carry a concealed handgun are
permitted to carry a handgun in a public place that does not sell
alcohol.
In order to meet these requirements, an
individual must not have a felony conviction, must be in compliance with
all state and federal laws and meet other listed criteria.
An individual may be disqualified from receiving a concealed handgun license if he:
Has any currently pending criminal charges,
Has any alcohol, drug, chemical or substance dependency,
Has been diagnosed with certain types of psychological disorders,
Has defaulted on state or city taxes, governmental fees or child support, and/or
Has a protective or restraining order against him in place.
Firearm and Weapon Penalties
Chapter 12 of the Texas Penal Code lists
the basic statutory penalties for firearm, weapon and gun crimes in
Texas. However, these penalties can increase depending on a variety of
factors, including the type of offense the person allegedly committed,
where the offense allegedly occurred, whether the alleged offense
involved a minor, whether the person is considered a violent offender
and whether the alleged offender has any criminal history.
A conviction for a Class B
misdemeanor weapons offense can result in a jail sentence up to 180 days
and/or a fine up to $2,000.
A conviction for a Class A
misdemeanor weapons offense can result in a jail sentence up to one year
and/or a fine up to $4,000.
A conviction for a state jail felony
weapons offense can result in a state jail sentence ranging from 180
days to two years and/or a fine up to $10,000.
A conviction for a felony of the
third degree weapons offense can result in a prison sentence ranging
from two to ten years and/or a fine up to $10,000.
A conviction for a felony of the
second degree weapons offense can result in a prison sentence ranging
from two to 20 years and/or a fine up to $10,000.
A conviction for a felony of the
first degree weapons offense can result in a prison sentence ranging
from five to 99 years or life imprisonment and/or a fine up to $10,000.
Firearm and Weapon Resources in Houston
Texas Department of Public Safety (DPS) – Concealed Handgun Licensing Program
– The Texas DPS website provides general information on concealed
handguns in Texas, how to apply for a concealed handgun in the state,
answers to frequently asked firearm and gun questions, and Texas laws
regarding firearm and weapon laws.
National Rifle Association (NRA) – The NRA
is a national organization that promotes the Second Amendment right to
bear arms in the United States and encourages responsible firearm
education for every citizen.
Texas Concealed Handgun Association (TCHA)
– This Texas organization supports every responsible and law-abiding
citizen in Texas to lawfully keep, own and carry firearms, in addition
to seeking to improve handgun laws in Texas, promoting responsible
firearm safety and use, and encouraging high standards for firearm
instruction and safety.
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) – Houston Field Division
– The ATF Houston Field Division is responsible for criminal
enforcement and industry regulatory activities throughout north Texas.
The ATF is a national agency focused on reducing violent crime,
including arson and explosive-related crime throughout the U.S. The
Houston Field Division is located at:
ATF Houston Field Division
5825 N. Sam Houston Pkwy, Suite 300
Houston, Texas 77086
Tel.: (281) 716-8200
The Law Offices of James G. Sullivan & Associates | Harris County Firearm Crime Lawyer
If
you are accused of committing a firearm or weapon offense in Harris
County or Fort Bend County, call the Law Office
of James G. Sullivan & Associates for a free consultation at 281-546-6428
about your firearm or weapon charges. Sullivan knows the law and will
make every effort to achieve the best outcome for your situation.
Our law firm defends clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.
