Fort Worth Gun Lawyer
There are many state gun laws that govern who may possess guns, where they may possess guns, and how they may use firearms. There also are federal gun laws that govern the usage of firearms throughout the country. As gun charges can have extremely serious penalties, if you are charged with a firearms-related offense, you may wish to speak with a Fort Worth gun lawyer.
Texas gun laws do have various defenses and exceptions, so it may be worth your time to visit a well-versed criminal lawyer for advice. You may be able to discover what defenses are potentially available to you and determine the best course of action for your circumstances.
Unlawful Possession of Firearms
Anyone convicted of a felony pursuant to Tex. Pen. Code § 46.04 are generally prohibited from possessing firearms. Likewise, individuals with misdemeanor or felony convictions for domestic violence or who are subject to protective orders may not possess firearms. However, all of these people may again possess guns in limited circumstances after five years have passed from their release from incarceration, community supervision, or parole, whichever is later.
If someone who is barred from possessing firearms due to a felony conviction is caught with a gun they can be charged with a felony of the third degree. For anyone prohibited from carrying firearms due to a domestic violence conviction or current protective order, the potential charge is a Class A misdemeanor.
Illegal Possession of Guns in Certain Places
Under Tex. Pen. Code § 46.03, it is illegal to possess or carry a gun in certain places, even if the carrier may lawfully possess a gun. These locations include:
- Public or private schools, colleges, and on school buses or vehicles
- Polling places when voting is occurring
- Local, state, or federal government courts or offices
- Secured areas in airports
Other places where possession of a gun is unlawful include racetracks and at any location within 1,000 feet of a place designated as a place of execution on the day that a death sentence is scheduled to be carried out.
There are some people who are exempt from this law due to their position, such as law enforcement officers, members of the armed forces, jail and prison guards, and court officers who need to have them to be able to carry out their duties. Violation of this law can result in third-degree felony charges, which carries the potential for years in jail. As a result, meeting with a Fort Worth gun lawyer prior to attempting to handle these charges alone may be beneficial.
Permit Violations in Fort Worth
Texas gun laws are more lenient than other states, in that individuals are not required to purchase or seek any type of license in order to carry handguns on their property, in their places of residence, and in their vehicles and boats. Tex. Pen. Code § 46.02 also permits people to carry their handguns to and from any of these allowable locations with no license or permit.
However, someone unlawfully carries a handgun pursuant to this section if they intentionally, knowingly, or recklessly carry guns in their vehicles or boats in plain view or while in the commission of a criminal offense. In order for a person to carry handguns in plain view in this situation, they must hold a license and carry the gun in a shoulder or belt holster.
Generally, this offense is a Class A misdemeanor, but it can become a felony of the third degree if the offense occurs in an establishment licensed to sell alcoholic beverages.
Work with a Fort Worth Gun Attorney
The penalties associated with a gun-related conviction can be quite harsh and may lead to the inability to lawfully possess a firearm for years to come. Some gun offenses are felonies, which can adversely affect your employment and career opportunities.
Allowing an experienced Fort Worth gun attorney to examine and evaluate your situation may be key to achieving the most positive outcome possible. Rather than trying to handle these often complicated charges on your own, seek the advice from a legal professional prior to taking any significant actions in your case.