Charged With Felony Possession Of A Firearm? Here’s What To Do

felony possession of a firearm

If you are charged with a felony possession of a firearm, you can go to prison for ten to fifteen years without the offering of parole.

This punishment varies from state to state but is pretty common all over the United States.

If you have been charged with a felony possession of a firearm, here are some things you need to know and understand moving on.

What Is and Isn’t Considered A Firearm

A firearm is a weapon like a gun, shotgun, or any firearm. Decorative ones do not count.

However, every state defines a firearm under their own specifics, so it is vital that you know how your own state defines it. You may be able to get off on a technicality if the law isn’t explicit.

The Constitution Is Meant To Protect You

You will often hear people talking about “their second amendment rights”, but it is rare that most people know them well enough. It is vital that if you are being charged with gun possession that you understand the second amendment.

Not only could this prevent a federal charge, but it could greatly reduce your sentence time depending on the state you live in.

For example, Texas gun laws vary greatly from those of federal laws. However, it is not likely that a courtroom is willingly going to give you this information. So, it is important that you do research and look into your own rights.

Know What The Term “Possession” Really Means

Possession does not necessarily mean that you have to have a gun on your person and get caught with it. There are varying degrees of possession. For example, if you are a convicted felon, you cannot have a gun in your house or your car.

Even if that gun does not belong to you: it doesn’t matter. And even if you are not present in either location, you can still get tried with what is called constructive possession.

While such cases can be fought, it can often be hard to convince a jury that a convicted felon knew nothing about a gun in or around their home or person. This is why it is important in these situations to know your rights and to get a lawyer with gun possession know-how.

You may be lucky enough to get a misdemeanor for someone else’s mistakes. But if you have a background already, such a risk isn’t worth it.

Charged With Felony Possession Of A Firearm? A Lawyer Is Always Worth It

In a perfect world, you will not need an attorney to seek justice in the court system. However, this is not a perfect one, and no matter how much research you do on your own, it’ll never equate to the know-how that a defense attorney will have on such matters.

Possession of a firearm by a convicted felon is often an open and close case. An open and close case that can take a decade of your life away.

And if you want someone on your side, who knows the law inside and out, and the ropes, it is important to hire someone to help you. You’ve already served time. Why serve time again?

Do you have questions or comments? Please feel free to contact us!

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

possession of a firearm in Texas

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.

Possession Of A Firearm In Texas Part Two

Possession Of A Firearm

In Texas, if a person is arrested and charged with possession of a firearm, there is a range of charges they might face. The charges depend on who had the weapon, where they were located when they were arrested, and other details surrounding the situation. It’s important for a person to understand what these charges mean and how it can affect their future. Once a person knows what penalties they’re facing, they will want to contact a lawyer immediately for help.

There are some weapons that cannot be owned in the state of Texas. These include nunchucks, brass knuckles, fully automatic firearms, and short barrel shotguns or rifles. If a person is arrested for owning or possessing one of these weapons, they face either a class A misdemeanor or a third-degree felony. The class A misdemeanor is going to include penalties of up to a year in jail and $4,000 in fines. The felony charge means the person faces two to ten years in prison and a fine of up to $10,000. It also means the person will lose their ability to own a firearm in the future as well as other basic rights.

If a person has a felony on their record, there is the possibility that they can have the firearm ban cleared and be able to own a gun again. However, this isn’t possible for everyone with a felony conviction and needs to be done with the help of a lawyer. If the person doesn’t get their right to own a firearm back and they are caught in possession of a firearm, they face a third-degree felony charge. Similar to above, this charge includes two to ten years in prison and fines of up to $10,000.

Those who have been arrested and charged with a weapons possession charge need to contact a lawyer immediately. Even a misdemeanor charge can have an impact on their future, but a felony charge could have severe repercussions. Contacting a lawyer immediately could allow the person to keep their right to owning a gun and minimize the penalties they’re facing if they are convicted of on the possession charge.

Possession Of A Firearm In Texas Part One

Possession Of A Firearm

Texas is known for their lax gun laws and the idea is that almost everyone living in Texas owns at least one. While these might not be exactly true, it is important for a person in Texas to understand who is allowed to carry a gun, what type they can own, what they need to carry a gun, and where they can take their gun legally. This way, they can be sure to follow the law and avoid getting arrested on a weapons possession charge.

Understanding the Possession Of A Firearm charges in Texas begins with understanding who can own a gun and what guns can be owned in Texas. Typically, everyone over the age of 18 can own a gun so long as they have not been convicted of a felony in the past. Even if a person has a felony in their past, however, they can work with a lawyer to regain their ability to own a gun. Those under 18 will need to look into rules specific to their age to determine if they are able to own a gun. If it is legal for a person to own a gun, there are still firearms that a person is not allowed to have. This includes fully automatic shotguns and short barrel shotguns or rifles.

A person doesn’t typically need anything special to be allowed to own a gun unless they were convicted of a felony in the past. Many people, however, prefer to obtain a concealed carry license. This allows them to conceal a handgun on their body when they’re not at home. Whether or not a person has a concealed carry license, guns are not allowed in churches, schools, liquor stores, bars, courthouses, and airports. Having a gun in these areas could mean the person is arrested on a possession charge even if they do legally own the gun and have a concealed carry license.

When a person is arrested and charged with possessing a firearm or weapon, it’s important they contact a lawyer immediately for help. They may need to review their rights to ensure none of their rights were violated and they’ll need to find out what they did wrong and how it can be fixed with as little in penalties as possible. This is especially important if the person is charged with a felony as they could lose their right to own a gun.