Overview of Gun Crime Charges in Texas
There is a perception that there are few if any, gun laws in the state of Texas. In fact, there are a number of Texas laws that regulate the possession and trafficking of firearms. Since the penalties for gun crimes can be severe, it is essential that you contact a knowledgeable Fort Worth gun crime lawyer from Burns & Davis following charges. A gun crime conviction could bar you from ever being licensed to carry a gun in the future, in addition to criminal penalties.
Under Texas Penal Code §46.01, a firearm is defined as any device “designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.” Firearms that qualify under this definition include; derringers, handguns, machine guns, pistols, revolvers, rifles, semi-automatic firearms, short-barrel firearms, shotguns, and zip guns.
If you have other felony charges, you may not be allowed to own a firearm as it is illegal in every state for a convicted felon to possess a firearm. Keep in mind, that under these circumstances, it doesn’t matter whether you actually use the weapon—you may not have a firearm in your possession.
Other gun crimes could include trafficking in firearms which includes smuggling, weapons trafficking, or transfer of a firearm without authority. These are usually federal offenses with punishments ranging from one to ten years in federal prison. A Fort Worth gun crime lawyer from Burns & Davis will have experience representing clients charged with gun crimes, whether federal or state.
Penalties and Punishment for Gun Crimes in Texas
If you have been charged with the unlawful possession of a firearm, this means you are in a specific category of those prohibited under Texas law from possessing a firearm. Convicted felons, those convicted of family violence assault, or those covered under a family violence protective order fall under this category. Texas law does allow convicted felons to possess firearms at their own home under limited circumstances once five years have elapsed from the individual’s confinement, parole, or probation. Those with family violence convictions may also possess a firearm under the same circumstances.
Possession of a firearm is a third-degree felony, punishable by two to ten years in jail and a fine as large as $10,000. Violations of the family violence and protective order firearm possession subsection are only Class A misdemeanors, punishable by up to one year in county jail, and a fine of no more than $4,000. Firearm trafficking is also a third-degree felony, although if you are arrested for smuggling or trafficking three or more firearms in a single event, the charges could increase to a second-degree felony. You could face 2-20 years in prison for a second-degree felony conviction, along with a fine as large as $10,000.
Common Defense Strategies for Gun Crimes
The defenses used by your attorney for unlawful possession of firearms will depend on the circumstances surrounding your charges. The first question will be whether the search and seizure that discovered the gun was legal. Other questions might include whether others had access to the place the weapon was found, and why you possessed the firearm. In more rural jurisdictions in Texas where many people routinely hunt or use a firearm for predator control, some slack might be given by the prosecutor. If the weapon was used for self-defense, then this may be the entire defense. If the gun was used in a threatening manner, or to commit another crime, however, the possession charges are likely to stand.
FAQs
- When is possession of a firearm considered unlawful? While a convicted felon or a person convicted of domestic violence may not legally possess a firearm (except under the circumstances listed above), there is another crime in Texas known as “deadly conduct.” Deadly conduct means using a weapon in a dangerous, threatening, or reckless manner. If you point a gun at another person, you could be charged with deadly conduct even if you never fire the weapon—or had any intention of doing so. You are expected to know that brandishing a weapon can potentially pose a danger to others. Of course, actually firing the weapon at another person also constitutes deadly conduct, but with harsher penalties. Firing a weapon in a home, vehicle, building, or other structure—even if no one is inside—is also considered deadly conduct. Brandishing a firearm is usually a Class A misdemeanor offense which can result in up to a year in jail. You could also be sentenced to a term of probation, usually 12 months. Discharging the weapon can be charged as a third-degree felony which can result in a maximum prison sentence of ten years and a minimum sentence of two years.
- Who can own and carry a gun in Texas? As of September 1, 2021, any person who:
- Is at least 21 years old
- Has no prior felony conviction
- Has no recent conviction for certain types of misdemeanors
- Is not subject to an unexpired protective order
- Is not intoxicated
can own and carry a handgun. If the individual was prohibited from carrying a handgun before the new law took effect, that person remains barred from owning or carrying a handgun. The state of Texas does not place restrictions on who can carry a rifle.
How Can a Fort Worth Gun Crime Lawyer from Burns and Davis Help?
If you’ve been charged with a gun crime, having an experienced Fort Worth gun crime lawyer by your side can make a significant difference in the outcome of your charges. The Burns & Davis lawyers are recognized by peers and clients alike as being reliable, relatable, and fierce advocates for justice. With more than ten years of experience in criminal law, our attorneys have a legacy of excellence. We are ready for today’s challenges—prepared for all things and ready for anything. We have a comprehensive understanding and knowledge of Texas gun crime laws and will never back down, whether inside or outside a courtroom. We are ready to advocate for your rights and your freedom, so contact Burns and Davis today.