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Collin County Defense Attorney for Possession of a Firearm or Ammunition by a Juvenile

As a parent, you always want to protect your child to the best of your ability. When you discover that your child is in a legal battle for their rights and freedom, you must seek quality legal representation to fight for your child’s future. Our experienced Collin County federal firearm violations attorneys of Rosenthal Kalabus & Therrian share your interest: we want to protect your child.

If your child has been charged with possessing a firearm or ammunition, they risk facing serious consequences. If convicted, this charge will remain on your child’s criminal history. A criminal record will make it exceptionally difficult for your child in the future. They might struggle to obtain a job, rent, or buy a home.

Our federal firearm violations attorneys will use our decades of combined experience to work diligently to help you and your child move on from the battle you currently face. We understand that this charge can potentially change your child’s life. We can help. Contact Rosenthal Kalabus & Therrian at (972) 369-0577 to schedule a consultation. We will assess your child’s case and discuss the available legal options.

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What Are Juvenile Crimes?

A juvenile crime is any crime committed by a person who is under the age of 18. In some cases, depending on the severity of a crime, a minor can be charged with an offense as if they were an adult. In most cases, the criminal record of a minor is sealed. However, if a minor commits a crime of violence, such as possessing a firearm, they can be charged as an adult, and their record will be public.

What Is Unlawful Possession of a Firearm or Ammunition by a Juvenile?

Unlawful possession of a firearm or ammunition by a juvenile refers to possessing a firearm or ammunition by someone under 18 in a way that violates the law. This can include possessing a firearm or ammunition without a proper permit. A stolen firearm or ammunition, or possessing a firearm or ammunition while committing a crime.

In Texas, possessing a firearm by a juvenile is a criminal offense. The consequences can be serious if a juvenile is charged with possessing a firearm. They include fines, probation, and even time in a juvenile detention center.

Specifically, under Texas law, if a juvenile is caught with a handgun, they will be charged with delinquent conduct. They may face confinement in a Texas Juvenile Justice Department facility for up to two years. If the juvenile is charged with possessing a firearm in the commission of a crime, the penalties can be more severe and may include longer terms of confinement.

Texas has a “zero tolerance” policy for firearms in schools. This means that possession of a firearm on school property is considered a criminal offense, regardless of the age of the person in possession.

Penalties for Possession of a Firearm or Ammunition by a Juvenile

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Generally, the penalties for a juvenile’s possession of a firearm or ammunition will result in a fine, community service, probation, detention, or a short period of incarceration. However, the penalties for possessing a firearm or ammunition vary depending on various factors.

If your child has a criminal history, especially one that includes prior convictions of firearm possession, the penalties could be much more severe and include being charged as an adult.   

Possible Defenses Against a Charge for the Possession of a Firearm or Ammunition by a Juvenile

Several possible defenses exist if your child was charged with possessing a firearm or ammunition. We will obtain information for your child to prepare the most likely successful defense. Common defenses for charges of this type include:

  • Proof that your child did not knowingly possess the firearm: To be convicted of unlawful possession of a firearm or ammunition by a juvenile, the juvenile must have knowingly possessed the firearm or ammunition. This means that if the firearm or ammunition was placed in your child’s possession without their knowledge, and that can be proven, a court should not convict them.
  • Possession resulted from your child being under duress: If it is determined that your child was pressured or threatened into possession of a firearm or ammunition, your child should not be convicted for possessing these items. The law recognizes that there are circumstances where, even though a person knows they are in possession of an illegal item, they were not acting of their own free will.
  • Possession was directly linked to a recreational activity. Recreational activities such as seasonal hunting and firing weapons at shooting ranges involve at least temporary possession of a firearm by a juvenile. If your child was supervised by a person older than the age of 18 during such activities but was arrested for having the weapons or ammunition, your child should not be charged with illegal possession of firearms or ammunition.

Worrying about which defense best matches your child’s case is unnecessary. Our attorneys will review the circumstances of your child’s arrest. We will gather all available evidence that could help prove your child’s innocence. We will then determine which defense has the best potential outcome for your child.

Contact an Experienced Collin County Federal Firearm Violations Attorney

Your child needs the help of our experienced Collin County defense attorneys if they’ve been charged with possessing a firearm or ammunition. Our attorneys are ready to fight for your child’s rights and freedom diligently. Time is of the essence. Contact the Rosenthal Kalabus & Therrian at (972) 369-0577 to schedule a consultation and initial assessment of your child’s case today.

Written by: Rosenthal Kalabus & Therrian Last Updated : August 10, 2023