Prosper Weapons Violation Defense Lawyers

Attorneys for Firearm Charges and Other Weapons Violations in Prosper, TX

Texas is known for laws that are favorable to firearm owners. The state's lawmakers have taken steps to protect people's Second Amendment rights and make sure they can legally own firearms. However, the laws addressing guns and other weapons in the state are not without limits. People may face criminal charges for weapons violations, including violations of restrictions on where weapons may be carried and which people are allowed to possess firearms or other weapons.

In some cases, people face charges of weapons offenses when they were unaware of certain types of restrictions. In others, people may need to take steps to demonstrate that they legally owned, possessed, or carried weapons as they defend against weapons violations. At Texas Defense Firm, our lawyers work to protect our clients' rights and help defend against convictions that could lead to restrictions on weapons use or other types of penalties.

Texas Laws Governing Firearms and Other Weapons

In Texas, most adults are allowed to carry handguns in public without a license. However, there are some restrictions on carrying weapons. Certain categories of people are not allowed to possess firearms, and restrictions on carrying firearms or other weapons in certain locations may apply. Certain types of weapons are banned altogether.

In addition to firearms, the weapons regulated under Texas law include certain types of knives, clubs, and other items that could be used to kill or injure people. While some weapons may be legal to own, restrictions may apply to where they may be carried. Certain types of automatic weapons and explosive devices are prohibited outright.

Possession of Weapons in Prohibited Locations

Even people who are legally permitted to carry a firearm can be charged with criminal offenses if they carry a weapon into certain locations where firearms are restricted. The locations where firearms are prohibited include the premises of schools, places where school activities take place, courts and government offices, and secured areas of airports.

Business owners also have the right to prohibit firearms on their property by posting signs informing visitors of these restrictions. Because location-based restrictions may depend on specific requirements for signs or the nature of a certain property, people may unintentionally violate these provisions.

Possession of Firearms by Prohibited People

After a felony conviction, a person will typically face prohibitions on possessing a gun. A restraining order issued in a matter related to domestic violence may prohibit a person from possessing firearms. Other restrictions may apply to people who have spent time in mental hospitals, members of street gangs, illegal immigrants, or people who are intoxicated by alcohol or drugs.

A person in one of these prohibited categories can face charges related to firearm possession. Even if a person did not carry a weapon in public, they could be charged with a crime based on accusations that they had control over a firearm in their home, a vehicle, or another location.

Charges for Felons in Possession of Firearms

Some of the most serious weapons possession offenses involve people who are prohibited from possessing firearms due to felony convictions. In general, a person who is convicted of a felony will be prohibited from possessing a firearm until five years after they complete a prison sentence or a period of probation, parole, or community supervision. After five years, a person may be allowed to possess a firearm, but only at their own residence. Violations of these restrictions can result in additional felony charges.

A felon in possession of a firearm may be charged with a third-degree felony, which could result in a prison sentence of two to 10 years being imposed on top of any other sentence that is currently being served. Harsher penalties may apply in situations where someone has multiple convictions for drug crimes or violent crimes.

Defending Against Weapons Charges

Our attorneys can review the circumstances surrounding an arrest for a weapons violation to determine what options for defense may be available. When weapons charges are based on searches of a person's vehicle or home by police, we can take steps to determine whether a search was lawful or whether a person's rights were violated.

Our legal team will also look at whether a prosecutor can show that a person knowingly possessed a weapon. If a gun was found in a home that a person shared with other family members, another person may have possessed the weapon without their knowledge. We can argue that a person had no control over a weapon and should not be charged with possession of a weapon that they did not know about.

In cases involving allegations of possessing a weapon in a specific location, our lawyers can determine whether a person was given proper notice about restrictions that were in effect. We may show that a person was unaware of any restrictions and did not intentionally possess a weapon in that location.

Our attorneys can work with clients to protect their rights to own and possess firearms while defending against the specific weapons charges. By challenging the evidence in a case, demonstrating that there was no intent to commit a violation, and taking other steps to defend against weapons charges, we will work to resolve these matters while preventing long-term consequences or the loss of firearm rights.

Contact Our Prosper, Texas Weapons Violations Attorneys

Because of the serious felony charges that may apply in cases involving weapons violations, it is important to take the right steps to defend against these accusations. At Texas Defense Firm, our attorneys can review the details of a case and determine the best steps to take to prevent a criminal conviction. To schedule a free consultation, contact our Prosper firearm violation defense lawyers at 972-369-0577.