Arlington Gun Lawyer
While many Americans cherish the right to bear arms, there are specific limitations and restrictions on gun use that citizens in Arlington could benefit from understanding. A violation of gun laws in Texas could result in serious penalties, which could include jail time, fines, or a loss of rights.
If you were accused of violating Texas’ gun laws, you could benefit from contacting an Arlington gun lawyer. An experienced defense attorney could help explain your rights and work with you to build a case in your defense.
Open-Carry Laws in Arlington
The Second Amendment of the United States Constitution gives citizens the right to possess firearms. As such, Arlington residents are allowed to openly and plainly carry certain firearms. While a permit is not required under various circumstances in Arlington, there are important exceptions to this general rule.
Openly carrying a firearm in a certain manner could make others feel uneasy and threatened. The Texas Penal Code §42.01(a)(8) makes it a crime of disorderly conduct to carry and display a firearm in a way that is “calculated to alarm” others. A seasoned gun attorney in Arlington could explain the nuances of the law regarding firearms and advise a person about possible defenses to alleged violations.
While a permit may not be required in Arlington for certain cases to openly carry a firearm, Texas state law does require citizens to obtain a license to carry a concealed weapon. While obtaining a concealed-carry license is typically not difficult, there are a few people who are ineligible to obtain one under any circumstances. As an experienced attorney could explain, this may include:
- Anyone with a felony conviction in their criminal background
- Citizens under the age of 21
- People struggling with drug addiction
- Current fugitives
- Anyone labeled as incapable of exercising sound judgment
- Those who have tax or child support arrears
Laws Regarding Self-Defense with a Gun
Arlington has two legal doctrines that cover self-defense gun laws, both of which could be explained in-depth by a knowledgeable Arlington gun lawyer. The colloquially named “stand your ground” law explicitly allows gun owners in Arlington to use a gun in self-defense. This means that citizens may use a deadly weapon to defend themselves, without having to first deescalate the situation.
Raising a defense during a criminal charge on the basis of the “stand your ground” law requires proof that the defendant was not the original aggressor and that they were legally in the area at the time of the incident. The “castle doctrine”—as it is commonly known—allows Arlington residents to lawfully use a firearm against anyone who is forcefully trying to enter their home.
Gun Crimes in Arlington
With the potential violations of the above carry laws, an individual in Arlington could also find themselves charged with other gun-related crimes. These may include but are not limited to:
- Illegal possession of a firearm by a convicted felon
- Carrying a firearm in violation of a permit
- Using a deadly weapon in the commission of a crime
While the specific penalties will vary, a violation of any of the above may result in a loss of Second Amendment rights and the possibility of a misdemeanor or felony charge. An Arlington attorney could help an individual defendant understand the specifics of these and other gun-related laws.
Retain an Arlington Gun Attorney
Facing criminal charges may be an overwhelming experience which could make you feel pressured to act quickly without counsel. Whether you were charged with a gun crime or are trying to ensure you understand and adhere to current gun laws, a well-practiced attorney may prove to be a valuable ally.
If retained, an Arlington gun lawyer could work tirelessly to assess the circumstances of your case and build a persuasive case in your defense. For more information on how an attorney could protect your rights, reach out today to set up an initial consultation.