Do I Need a Weapons Charge Lawyer?
Texas has stringent weapons offense laws that cover a broad range of actions related to the possession, use, and transportation of firearms and other weapons. These laws, outlined in the Texas Penal Code, dictate what is permissible regarding gun ownership and the carrying of weapons, whether concealed or openly displayed. However, violations of these laws can result in serious criminal charges. A weapons offense lawyer in Dallas is essential for anyone facing such charges, as they can help navigate the complexities of state regulations and the potential consequences.
In Texas, the right to bear arms is constitutionally protected but not absolute. Laws governing weapons offenses regulate who can carry firearms, under what circumstances they may be taken, and what kinds of weapons are restricted. Violating these laws can lead to severe charges, including both misdemeanors and felonies, depending on the nature of the offense. For example, unlawfully carrying a firearm can result in a Class A misdemeanor charge, which may lead to jail time and hefty fines. More severe weapons charges, such as unlawful possession of a firearm by a convicted felon, can result in felony charges that may lead to years in prison.
Navigating Texas weapons laws is complex, as regulations can vary significantly based on specific circumstances, such as the type of weapon, location, and the individual’s prior criminal record. Weapons offenses also extend beyond firearms to include knives, brass knuckles, and other prohibited items. Additionally, possession of armor piercing ammunition is illegal and can lead to significant legal consequences, including felony charges and substantial fines. An experienced weapons offense defense lawyer in Dallas is critical for developing a defense strategy that addresses the specific charges, protects your rights, and aims for the best possible outcome.
Texas Open Carry & Concealed Handgun Laws
In Texas, the laws regarding open carry and concealed handguns are governed by the Texas Penal Code and the Texas Government Code. Individuals who possess a valid Concealed Handgun License (CHL) are permitted to carry concealed handguns in most public places. However, carrying a concealed handgun without a valid CHL is classified as a Class A misdemeanor, which can result in significant legal penalties, including jail time and fines.
It is also important to note that even with a CHL, there are specific locations where carrying a concealed handgun is strictly prohibited. These include schools, hospitals, government buildings, and certain private properties that have posted signs prohibiting firearms. Violating these restrictions can lead to serious legal consequences.
In 2015, the Texas Legislature passed House Bill 910, which expanded the rights of gun owners by allowing the open carry of handguns in shoulder or belt holsters without the need for a license. This law permits individuals to openly carry handguns in most public places, but it is crucial to understand that open carry is still restricted in certain locations, similar to the restrictions for concealed handguns. Compliance with these laws is essential to avoid facing criminal charges.
Illegal Weapons in the State of Texas
Texas law strictly prohibits the possession of certain weapons, and violating these regulations can result in severe penalties. According to the Texas Penal Code, the following weapons are illegal to possess:
- Machine guns
- Short-barreled shotguns
- Short-barreled rifles
- Sawed-off shotguns
- Sawed-off rifles
- Explosive devices
- Brass knuckles
- Tire deflation devices
Possessing any of these prohibited weapons can lead to a third-degree felony charge, which carries a potential prison sentence of up to 10 years and a fine of up to $10,000. Additionally, individuals found in possession of these illegal weapons may also face federal charges, which can further complicate their legal situation and result in even harsher penalties.