A weapons possession charge can be a serious crime in Texas. Many factors come into play when determining whether to charge someone. Some of these factors include the kind of weapon the defendant was carrying, where the defendant was, and whether the defendant had the license to carry the weapon.
Unlawful Carrying Of Weapons
Section 46 of the Texas Penal Code states that a person may be charged with unlawful weapons possession if that person has intentionally, knowingly, or recklessly carried an illegal weapon as defined by the Code. A person may also be charged with unlawful weapons possession if not on their premise or premise under their control.
To be charged with unlawful carrying, a defendant must have been in possession of a property defined as a weapon under Texas law. Some of the most well-known items include knives, explosives, and firearms. There are, however, other properties that are deemed weapons under Texas law, such as chemical dispensing devices, tire deflation devices, and silencers. Being in possession of any of these items can lead to a weapons possession charge.
Who Is Allowed To Possess A Weapon?
Texas allows individuals to carry some types of weapons under certain circumstances. For example, a person can have a firearm in their own home or a premise under their control. In some instances, a person can even carry a firearm in their vehicle.
Texas also allows individuals to carry a handgun outside of their home if they have a License to Carry. Having such a permit, however, does not exclude you from being charged. There are many instances that a person may still face criminal charges even with a License to Carry.
Under current law, those who have a misdemeanor conviction against a family or household member cannot carry a firearm. Those convicted of a felony also cannot carry a gun. However, some exceptions do apply to this law based on the amount of time that has passed since the conviction.
Possible Penalties For A Weapons Possession Charge
Texas believes in the rights of its residents to bear arms, but there are limitations on what type of weapon and where you can carry a weapon. For example, a person cannot bring a weapon to schools, churches, courthouses, and airports. Depending on where you are and what kind of weapon you are carrying, you can face serious charges, severe penalties, and even federal charges.
Unlawful firearm possession charges, for example, can carry a wide range of penalties. A misdemeanor charge can mean a one-year prison term and a fine of $4,000. A more severe felony charge can have a defendant facing up to ten years in prison with a $10,000 fine.
What Does A Weapons Possession Charge In Texas Mean
Weapons possession charges are serious. Laws in Texas are ever-changing, and individuals need to know their rights and legal limitations. If you find yourself facing a weapons possession charge, the attorneys at Vinas & Graham, PLLC, can help. Contact them today for the legal expertise needed with a weapons possession charge. Be sure to follow us on Facebook for more criminal defense topics.
