Texas laws clearly defines who may carry a concealed weapon and the situations and circumstances where carrying firearms is illegal. Texas gun carry law and the state’s gun permit law makes it unlawful for certain individuals to be in possession of a firearm. When is it legal to carry a gun in Texas?
Charged with a weapons offense? Let Dallas Criminal Defense Attorney John. R. Teakell help.
Experience matters when you have been charged with a crime involving a weapon in the state of Texas. John. R. Teakell can help you identify and prepare the best legal defense strategy for your particular situation. Call now for your free consultation. Your freedom may depend on it.
- Weapons offenses in Texas include
- Illegally possessing a weapon
- carrying a weapon
- Improperly discharging a gun
- Using a weapon in the commission of a crime
- Carrying/using a firearm during a drug trafficking offense
Texas weapon law also clearly limits people from possessing the following weapons
- Fully automatic firearms
- Brass knuckles
- Nun chucks
- Short barrel shotguns
Prosecution of Weapons Charges in Texas
You don’t have to commit a violent crime in order to be charged with a state felony weapons charge. You can be charged with a crime if you fail to follow the correct procedures when you:
- Sell a weapon
- Give a weapon to another person
- Allow a child to get access to unsecured firearm
- Weapons Charges at the Federal Level
At the Federal level, firearms are charged under Title 18 U.S. Code §922, et seq., which are §§922 – 931 (with §921 being “Definitions”), and notably §§922, 923 and 924. These include the “prohibited persons” listing in Title 18 U.S. Code regarding firearms laws/violations.
The most common offenses include well-known offenses of Possession of a Firearm by a Felon, Trafficking in Firearms without a License, Possession of a Firearm after Conviction for a Domestic Violence Offense (even a misdemeanor offense), Possession of Armor Piercing Ammunition, and Possession or Use of a Firearm during a Drug Offense.
- Charges that Involve Firearms Increase Penalties
At both State and Federal level, the penalties are more severe when a crime involves the use of a firearm or weapon. A crime that was a misdemeanor fine can be upgraded to a felony involving time in state prison.
Location matters. Simply carrying a weapon or a firearm into churches, schools, courthouses, liquor stores and bars, some restaurants, and airports can be considered a crime. The person charged with carrying a weapon into one of these places can be charged with more severe penalties and sentences.
You can be brought up on weapons charges during routine traffic stops or encounters with the police on the street. If an officer becomes aware that you have a weapon, they find a weapon on your person or in your vehicle, or find one in your home or business, they can bring potentially bring weapons charges against you.
- Manufacturing or Selling Without a License
Selling weapons in high enough quantities that it goes beyond being a hobby or casual, limited sales requires a license. So does manufacturing weapons in high enough quantities that it goes beyond being a hobby or an occasional event to being a business. If you make weapons or sell them and you unthinkingly cross the boundaries of what the government considers hobby or casual levels, you could face charges of dealing without a license or manufacturing weapons without a license.
Again, the number of sales, or the number of assemblies will, or may, determine, from the government’s perspective, whether or not the person was engaged in the business of either sales, or manufacturing, without a license.
You do not have to use illegal parts to be charged. All that is required is that you assemble them into a firearm to be considered a manufacturer. You do not have to be selling illegal guns in order to be charged with dealing without a license. All that is required is for you to “devote time, attention, and labor to engage in such activity as a regular course of business with the principle objective of livelihood and profit.” – U.S. Code Definitions of Dealer, Manufacturer, and Engaged in the Business, section C.
If you are charged or are under investigation for dealing or manufacturing weapons, you need to act quickly. Don’t hesitate to call attorney John R. Teakell. He has the experience you need to secure your rights, your future, and your freedom. The call is free, so don’t wait.