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10 Things You Need to Know About Federal Gun Laws
Texas has always been a state that protects the constitutional right to keep and bear arms. Texas law does not require law-abiding citizens to obtain a license or permit before purchasing a handgun or shotgun. A permit is only required to carry a concealed handgun in public.
But Texas law is not the final word when it comes to gun ownership. Federal firearms law extensively regulates the sale and transportation of weapons and ammunition across state lines. This includes any possession of a firearm “in or affecting commerce.” This effectively means all gun ownership is subject to federal rules that, in some cases, may conflict with Texas state law. Here are a few things that may disqualify you from legally owning a gun under federal law.
1. You Cannot Be a Felon
Under federal law, a person may not purchase or possess a gun if he or she has been “convicted in any court of, a crime punishable by imprisonment for a term exceeding one year.” This includes any felony under Texas law. And while Texas permits a convicted felon to possess a firearm (at home only) once five years has passed since the discharge of sentence, federal law does not.
What Is a Prohibited Weapon in Texas?
Texas has a reputation as a Second Amendment-friendly state. However, the right to own and carry a handgun or shotgun does not automatically apply to other kinds of weapons. Residents in Collin County should be aware that they might have illegal weapons under Texas law. Below are some prohibited weapons in Texas.
Prohibited and Restricted Weapons
Aside from brass knuckles, the Penal Code also bans residents from possessing the following weapons:
- armor-piercing ammunition;
- chemical dispensing devices, except for personal protection devices such as pepper spray;
- a “zip gun,” i.e., an improvised firearm; and
- a caltrop, spike strip, or other tire deflation device.
Certain weapons are prohibited unless they are registered with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives:
- machine guns;
- explosives, including bombs, rockets, mines, and grenades;
How to Get Credit for Time Served in Jail in Collin County
When you face criminal charges in Collin County, Texas, the thought of spending time in jail can be daunting. However, you may be eligible for credit towards your sentence if you have already spent time in custody before your sentencing. Don’t know how to get credit for time served in jail? Understanding how to get credit for time served in jail is important, as it can significantly reduce the length of your sentence.
What is Time Served in Jail?
Time served in jail refers to the period you spend in custody before sentencing. This can include time spent in jail after your arrest, while awaiting trial, or during the trial process. In Texas, you can receive credit for this time towards your final sentence.
It’s important to understand that time served in jail is different from a prison sentence. Jail time typically refers to shorter periods of incarceration, often while awaiting trial or sentencing, while prison sentences are longer and imposed after a conviction.
Can You Refuse to Testify if Subpoenaed by a Texas Court?
Have you received a subpoena to testify as a witness in a criminal trial or grand jury proceeding? If so, you probably have many questions regarding the law and your rights. For example, can you ignore the subpoena? If not, what are the penalties if you refuse to show up in court and testify? Can the court force you to testify if what you say might incriminate you?
Here is a brief explanation of what subpoenas are. And how you may be able to avoid testifying under certain circumstances. Remember that this is general information and not specific legal advice for you. As with any legal matter, you should speak with a qualified Collin County criminal defense lawyer.
What Is a Subpoena?
A subpoena is basically a court order directing the recipient to appear before a court for a specific purpose. That purpose is usually to testify at a criminal trial or before a grand jury. Subpoenas, such as a coroner’s inquest, may be used in legal proceedings. The subpoena is normally issued to a peace officer, such as the local sheriff. They then serve it to the recipient.
Do I Turn Myself In If There’s a Warrant for My Arrest?
Most criminal cases in Texas begin with a judge or magistrate issuing a warrant for the suspect’s arrest. If you have reason to believe there is an active arrest warrant for you, your first instinct might be to try and run. That is never a good idea. The longer a person waits to turn themselves in a warrant, the more it looks like they are either irresponsible or trying to avoid the legal process. In representing someone, we advise people to turn themselves in and post a bond in an orderly way at their convenience as soon as possible. In turning yourself in, you develop a track record of conscientious and responsible behavior that will pay dividends to you as your case proceeds.
Your second option with respect to a warrant is to simply wait for the police to come to your home and arrest you. But you may also opt to turn yourself in and “face the music,” as it were. Before taking this step, however, it is always a good idea to speak with a qualified Collin County criminal defense lawyer. Remember, you have a constitutional right to the advice and assistance of counsel at all stages of a criminal case against you. This includes the period of time before you choose to surrender yourself to police custody.
Moving Out of State While On Probation
In most misdemeanor–and many felony–cases, defendants are not sent to jail upon conviction. Instead, Texas law allows the judge to sentence the defendant to community supervision. It is more commonly known as “probation” in other states. Probation basically means the defendant remains free, subject to his or her compliance with certain conditions imposed by the court. In misdemeanor cases, probation can last up to 2 years. In felony cases, probation may run as long as 10 years. Although it is possible to seek early release under certain circumstances. But what happens if you want to move out of Texas while on probation?
If you are under community supervision in Collin County, Texas, you know that you must frequently report to a probation officer. You must also typically obtain your probation officer’s permission to change jobs or residences. This raises several questions you might not have previously considered: What if I want to move outside Texas? Can I do so? And does my probation continue in my new state? Alternatively, if you are currently serving probation in another state, is it possible to move to Texas?
What Constitutes the Crime of Elder Abuse in Texas?
While many accusations of elder abuse are real, some are exaggerated or arise from a misunderstanding. Are you a caretaker who is facing elder abuse charges? If so, you need to protect yourself from criminal charges.
Texas Elder Abuse Laws
While elder abuse is often physical in nature, it refers to any type of mistreatment that causes some sort of damages, such as injuries or financial loss. Under Texas law, abuse, neglect or exploitation of a child, senior or adult with disabilities must be reported by any Texas resident who witnesses it. If the report is made in good faith, the person who files the report will be immune from liability. In addition, their name will be kept confidential.
It is crime to not report abuse. Under Texas law, a person who knows about a situation involving abuse or neglect and does not report it can be charged with a Class B misdemeanor. False claims of elder abuse are forbidden and can also result in criminal penalties.
What Will Happen to Me If I Aid or Assist a Fugitive?
Many of us have faced a situation where a family member or friend is accused of a serious crime. Your first instinct may be to offer help. After all, if you believe the person is not guilty, you want to do everything you can to help them avoid possible jail time.
But there is a critical difference between offering moral or legal support. You can help them find a qualified McKinney criminal defense lawyer. You can’t help them hide from law enforcement. Such acts may be considered aiding or abetting a fugitive under Texas and federal law. You may sometimes be charged as an accessory to the underlying crime.
Federal and State Laws Punish “Harboring”
In Texas, the law that criminalizes harboring a fugitive is called Hindering Apprehension or Prosecution. This very broad state law could subject a person to criminal charges if they harbor, conceal, provide, or aid in providing a person with the means of avoiding arrest or effecting escape; or even warns someone of impending discovery or apprehension. This law could even land parents in legal trouble if the person they are “harboring” is their own child. Hindering Apprehension or Prosecution is a Class A misdemeanor. This is true unless the harbored person is wanted for a felony. In this case, it is a Third-Degree Felony punishable by 2-10 years in prison and up to a $10,000 fine.
Is Your Seven-Day Pill Box Illegal?
Prescription drug abuse has become a major public health issue in recent years. Oxycontin and other opioid painkillers have been widely abused. Legally speaking, all drugs that require a doctor’s prescription are tightly regulated. You can be arrested if you are found with any such drug on your person without a valid prescription. You will be charged with illegal possession of a controlled substance. That can happen even if you have a valid prescription if you carry your medicines in a seven day pill box.
What Constitutes a Valid Prescription in Texas?
Under Texas law, only a licensed physician, dentist, podiatrist, veterinarian, and certain optometrists may issue a prescription. Sometimes, an advanced practice nurse or physician’s assistant may also issue a prescription. He or she must be under the supervision of a physician. The prescription itself must comply with certain labeling and packaging requirements.
The Texas State Board of Pharmacy requires prescriptions to be dispensed in a childproof container unless the patient requests otherwise. The medication must have a label with the dispensing pharmacy’s name, address, and phone number. The label must list the date the prescription was filled. The prescribing doctor’s name and the quantity dispensed. Any instructions for use have to be “easily readable” by the patient.
Pros and Cons of a No-Contest Plea
When you have committed a crime, the first court appearance you will make is called an arraignment. At that time, you will be informed of the charges against you and asked if you have legal representation. This proceeding takes place before your trial, and you must enter a guilty, not guilty, or no-contest plea.
The first two pleas need no definition. However, many people are not familiar with the no-contest option. It’s a plea that the prosecutor and the judge must accept before it may go forward. Translated from the Latin nolo contendere, a no-contest plea means that you are not publicly admitting guilt but agreeing that your case’s facts are valid. You are agreeing to accept a conviction and the consequences of the charges.
A no-contest plea is similar to a guilty plea, except the victim cannot file a lawsuit against you in a civil court for damages later on. This fact may seem like a no-contest plea is a win-win for the defendant. However, every state has rules about whether such a plea is acceptable in every type of case.