Are You Breaking Weapons Laws?
As outlined in the penal code of the state of Texas, it is illegal to possess
certain firearms in the state of Texas that are considered especially
dangerous to the public. Note that these illegal items aren't limited
only to certain types of guns/firearms, but also cover other types of
weapons. Illegal firearms and weapons in the State of Texas are as follows:
Any form of club, including tomahawks, maces, blackjacks, and nightsticks.
A club is classified as any item that is specifically designed or adapted
for inflicting serious bodily harm by striking a person with it.
Any explosive weapons like bombs, grenades, rockets, or mines. Explosive
weapons are qualified as any object that is designed to cause serious
bodily harm or property damage or for causing such a loud noise that public
panic or terror would ensue. This also includes any device made to deliver
or shoot the explosive device. Hoax bombs that are designed to imitate
the appearance of an incendiary device are also illegal.
Illegal types of knives are as follows: a knife with a blade over five
and a half inches long, a hand instrument meant to cut or stab by being
thrown (like throwing stars), a dagger (like a stiletto, dirk, or poniard),
a bowie knife, a sword, or a spear.
Any of the following unlawful firearms: a machine gun, a short-barreled
firearm (barrel length of less than 16 inches, 18 inches if a shotgun),
a firearm silencer (any item made to muffle the sound of a firearm going
off), armor-piercing ammunition, a machine gun, or a zip gun.
Types of Weapons Charges
According to the Texas Penal Code, if you are knowingly, recklessly, or
intentionally carrying your weapon with you in an area other than your
home/property or your car, you can be charged with Unlawfully Carrying
a Weapon. The charges for this offense can range from a Class A misdemeanor
to a third degree
You can be charged with Unlawfully Carrying a Firearm if you knowingly,
recklessly, or intentionally carry a handgun in their car or on their
body in plain view, if person is in a gang, if the person is prohibited
from owning any firearms, or if the person is engaged in criminal activity.
Unlawful Possession of a Firearm can be charged against a person if they
possess a firearm and meet one of the following criteria:
A convicted felon before the fifth anniversary of their release from
Convicted of domestic
assault and is before the fifth anniversary of their release from confinement
or community supervision.
An employee of the state (other than a sworn peace officer) and are still
under a protective or restraining order.
Aside from simply possessing illegal weapons, it is also illegal for any
weapon (even legal ones) to be brought into many public areas such as
schools or educational institutions, polling places during voting, racetracks,
courts, airports, or within 1,000 feet of a premises of the Texas Department
of Justice where an execution is occurring. If a person knowingly brings
their weapon or firearm into one of these places, they can swiftly be
charged with a criminal act.
Facing Severe Punishments?
Despite the fact that Texas has fairly lenient firearms laws as compared
to the rest of the country, severe punishments are reserved for people
who break these laws. The base penalties for weapons offenses can begin
at a Class B misdemeanor, which results in a $2,000 fine and 180 day jail
sentence at the most. The most severe penalties for a weapons offense
can result in a first degree felony charge with a $10,000 fine and life
in prison. Depending on the case,charges can become more severe if the
individual has a history of weapons charges or other criminal activity,
brought the weapon into a certain place, the type of offense, and other
details of the case.
Arrested for Weapons Charges in Austin?
While Texas firearm laws are some of the most lenient in the country, getting
arrested for owning an illegal weapon or carrying a weapon without a license
can still lead to harsh penalties. In certain circumstances, both crimes
can lead to third-degree felony charges which means two to 10 years in
state prison and a fine of up to $10,000. You can also lose any future
rights to own a firearm again in your life.
Moreover, anytime you use a gun while committing another crime, regardless
of whether you fire it or not, the offense is automatically raised to
'aggravated' status, making it a first-degree felony. The following
are charges that are worsened by eh presence of a weapon or firearm:
A felony charge on your record will significantly lower your chances of
getting a steady job later in life and could be seen as a serious liability
by many landlords. This is where an experienced and knowledgeable attorney
comes into play.
Hire a Strong Legal Defense Team
When you've been charged with a weapons crime, you need an aggressive
criminal defense attorney to fight for your rights.
Meredith "Shelly" Troberman has worked for prosecution teams before, and knows what the prosecution
needs to get a conviction and how to defend her clients against it.
Blair Carroll has defended thousands of clients in courts across Texas.
Contact Us Today
At Carroll Troberman, PLLC, we make a point of listening to our clients.
The sooner you
contact us, the sooner we can hear your side of the story and begin to build a strong
case in your defense. Contact Carroll Troberman, PLLC today to
set up a free and confidential consultation.