Denton Gun Crime Lawyer

Denton Gun Crime Attorney

Being charged with a gun crime is a serious offense in Texas and comes with significant consequences. Gun crime charges can be misdemeanors or felonies, and the penalties can involve hefty fines and even prison time. If you are charged with a gun crime in Texas, hiring a Denton gun crime lawyer can help you significantly. For broader legal assistance, a Denton criminal defense lawyer can provide comprehensive support to protect your rights and navigate complex legal matters.

Though Texas is an open carry state, which means gun owners do not need a license to carry a weapon in most public places, there are still gun laws citizens must abide by. Severe charges and penalties can result for those who break the law. Texas law and federal law have several weapons offenses, and understanding them is critical. Common weapons offenses include:

• Unlawfully carrying a weapon – This is a Class A misdemeanor that is punishable by up to a year in jail and a fine of up to $4,000. The punishment increases if the person walks into a place serving alcohol or commits another gun crime in conjunction.
• Discharging a firearm in a public place or certain municipalities – It is illegal to discharge a firearm in a heavily populated place or to recklessly discharge a firearm. This is a Class A misdemeanor.
• Felon in a possession of a weapon – This is a third-degree felony, punishable by up to 10 years in prison and a fine reaching up to $10,000. A common punishment for having a felony criminal record is being unable to possess a firearm. Sometimes, felony crimes coexist, such as assault with a deadly weapon. If you commit the latter, the penalties may be harsher.
• Possessing or selling prohibited weapons – Though Texas has considerably loose firearms laws, there are some weapons that are prohibited. These weapons include bombs, rockets, and grenades. The punishment for possessing or selling these weapons is up to 10 years in prison and up to $10,000 for a fine.
• Carrying a weapon into a prohibited area – The penalties for this offense depend on the area. It can either be a class C misdemeanor or a third-degree felony. For example, carrying a weapon into a police station is a class C misdemeanor, but carrying a weapon into a school is a third-degree felony.
• Carry or Use of a Firearm During Violent or Drug Crime – This offense involves several crimes, in addition to carrying a firearm unlawfully. The charges can be more severe, including a first-degree felony.
• False Statement to Firearms Dealer – This is a federal offense carrying up to a decade in prison time, hundreds of thousands of dollars in fines, and other serious penalties.

Punishments for weapons cases can be severe. Recently, the government has increased prosecutions for “straw man” purchases, or when someone buys a firearm for someone else.

What Are the Restrictions for Carrying a Weapon?

The first restriction for carrying a weapon is the age restriction. A person must be 21 years old to carry a weapon in Texas. Other restrictions are as follows:

• The individual must have no restrictions for possessing a firearm under federal law.
• The individual must have no prior felony convictions.
• The individual must not have any recent convictions for certain types of misdemeanors.
• The individual must not be subject to an unexpired protective order.
• The individual must not be a member of a criminal street gang.
• The individual must not carry a gun in certain modes of transportation.
• The individual must not be intoxicated, though there are exceptions to this.

How Do I Legally Purchase a Firearm in Texas?

In Texas, it is relatively simple to purchase a firearm. Since you must be at least 21 years old, you must present a valid license. You also must not be in violation of any of the restrictions for carrying a firearm. You do not need a registration or a background check to buy a gun in Texas, but purchasing your gun from a federally licensed dealer is advisable.

When Should I Hire a Lawyer?

You should hire a lawyer as soon as you are arrested or charged with a gun crime. If you violate any of the above offenses, you may be charged with a felony or misdemeanor. This leads to a criminal record, which can impact you in many ways, from not being able to vote to having child custody and visitation restrictions put in place. You could also be permanently banned from owning a firearm in the future.

This is why hiring a lawyer is wise if you are charged with a gun crime. A capable lawyer can protect your rights, guide you through the complex legal process, negotiate sentencing and fines, work to get a dismissal, and represent you in court. Dealing with a weapons charge on your own can be stressful and overwhelming, especially if you are unfamiliar with your rights and gun laws.

FAQs

Q: Can I Carry a Gun in My Car Without a Permit in Texas?

A: You can carry a gun in your car without a permit in Texas under certain conditions. You must be legally able to carry a gun per Texas and federal law, meaning you must be 21 years or older and have a license to carry. A handgun can also be visible in the vehicle, but it must be in a holster.

Q: Can You Own as Many Guns as You Want in Texas?

A: Texas does not place restrictions on how many guns a person is allowed to own. Texas is also an open carry state, which means legal gun owners can carry their guns unconcealed in a holster. It should be noted that while there are no restrictions on how many guns an owner can have, there are restrictions on where they can carry their guns as well as laws surrounding how guns should be operated.

Q: Can I Carry a Gun That Is Not Registered to Me in Texas?

A: Yes. Texas has some of the most relaxed gun laws in America. In Texas, there is no registry required for owning a gun at the state level or the federal level. However, under the National Firearms Act, there are certain firearms that must be registered, such as silencers, machine guns, and destructive devices.

Q: What Guns Can You Carry Without a License in Texas?

A: Most guns can be carried without a license in Texas; however, there are some firearms that require registration under the National Firearms Act. These include machineguns, short–barreled rifles and shotguns, silencers, destructive devices, and firearms designated as “any other weapons.”

To carry a gun in Texas, you must be at least 21 years old and meet other criteria, such as not having a previous felony conviction and not being a part of a street gang, for instance.

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