possession of a firearm in Texas
possession of a firearm in Texas

Arrested for Possession of a Firearm in Texas? Here’s What to Do


Have you recently been arrested for possession of a firearm in Texas?

The good news is that you have options. There are nearly 22 million guns owned in the Lone Star state, and recent laws deemed that it’s legal to carry a weapon openly, but this doesn’t mean that all possession is legal. It’s crucial that you know your rights, and whats OK in the eyes of the law.

Keep reading to learn what defines an illegal possession of a firearm and the steps you can take to make sure you’ve got a strong defense team on your side.

What Makes a Possession Illegal?

As we stated above, a 2015 law in Texas stated that licensed residents could keep handguns and other weapons openly displayed in carriers or holsters attached to your person.

However, this law doesn’t mean that anyone can possess a weapon at any time. You can still face charges for carrying a weapon (this includes firearms, knives, and clubs) improperly.

For example, there are some places where it is still unlawful to carry a weapon, no matter the circumstances. These places include:

  • Schools
  • Churches
  • Courthouses
  • Liquor stores and some bars and restaurants
  • Airports

If you carry a weapon, be prepared to double-check where you can and can’t carry it to avoid being charged with illegal possession.

However, if you are charged, how would a lawyer defend you?

Common Routes of Defense

Unlawful possession is usually charged as a misdemeanor. However, it can be raised to a felony, depending on the circumstances of your case. Of course, each case is unique, but here are some common defenses that could be used to lessen or remove possession charges:

  • The firearm wasn’t in plain view
  • The defendant was hunting, fishing or some other type of legal sporting activity
  • The defendant didn’t knowingly carry the unlawful firearm and they weren’t reckless
  • The defendant was on their own private property

This is just a short list of ways an illegal possession might be deemed legal. There are more ways but will vary on a case-by-case basis.

This is why it’s crucial that you have a great team on your side. A good lawyer will formulate the right defense for you, based on your unique circumstances.

Contact a Lawyer Today To Defend Your Possession of a Firearm

Were you recently arrested for unlawful possession of a firearm? Remember, you have options. The first step is educating yourself and surrounding yourself with a good team that will fight to protect your second amendment rights.

When you’re searching for that team, look no further than our team at the law firm of Vinas & Graham, PLLC. We’re experts in illegal possession cases and have extensive knowledge and experience in criminal cases.

There’s no one better qualified in the Houston area to defend your right to carry a weapon. We’ve helped clients all over the Houston area and we’re ready to take your case, too.

If you’ve been charged with illegal possession, there’s no time to waste. Read more about our services on our website and familiarize yourself with our team. Then, give us a call at 713-229-9992 to discuss the unique circumstances of your case. We’ll give you a FREE consultation, so there is absolutely nothing to lose.

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