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Greater Houston Weapons Possession Lawyer
Although Texas gun laws are comparatively liberal, state and federal law still maintain strict control over the ownership and possession of certain weapon types. An arrest for violating these laws can have serious consequences, including jail time, fines, and other penalties, so if you’re facing a weapons possession charge in the Greater Houston area, you don’t want to take chances with your future.
Amanda Skillern is a skilled and experienced Houston weapons possession lawyer. She has represented clients facing a wide range of weapons-related charges and uses her insights as a former Assistant District Attorney to get the best results for them. To schedule your free consultation, contact the Law Office of Amanda Skillern, PLLC, at 346-291-0432.
Weapons Possession Offenses in Texas
Texas gun laws are generally accommodating for gun owners, but Chapter 46 of the Texas Penal Code lists several weapons offenses that can lead to major penalties.
Unlawful Carrying of Weapons
Unlawful carrying of weapons (UCW) involves carrying weapons in prohibited locations or in ways that violate Texas laws. It includes carrying a handgun, illegal knife, club, or other prohibited weapons openly or concealed in places such as schools, airports, polling places, government offices, and other gun-free zones.
A UCW conviction can lead to serious penalties, including fines and potential jail time. A first-time offense is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000. However, aggravating factors, such as a previous felony conviction or carrying a firearm in certain gun-free locations, can elevate the charge to a third-degree felony, which carries a penalty of up to 10 years in prison and up to $10,000 in fines.
Unlawful Possession of Firearms
Certain individuals are prohibited from owning a firearm under Texas Penal Code § 46.04. You can be charged with unlawful possession of a firearm if:
- You have been convicted of a felony and possess a firearm within five years of your release or, after this period, at any location other than your residence.
- You have been convicted of certain Class A misdemeanors involving family members and possess a firearm within five years of your release.
- You are an employee of a state agency or political subdivision subject to protective orders regarding family violence.
Unlawful possession of firearms can range from a Class A misdemeanor to a third-degree felony, depending on the circumstances.
Possession of Illegal Weapons
It is illegal to own or possess certain firearms and weapons in Texas. This includes armor-piercing ammunition, zip guns, machine guns, short-barreled firearms, and firearms with removed serial numbers. Possessing these weapons can result in third-degree felony charges, with penalties including up to 10 years in jail and $10,000 in fines.
Illegal Sales or Transfers
While Texas law permits private firearm sales without background checks through the “gun show loophole,” it is illegal to sell or give a weapon to someone who is prohibited from owning one.
Disorderly Conduct Involving a Firearm
Firearms can cause fear and tension when displayed in public. Those who own and carry firearms must conduct themselves responsibly to ensure public safety. Violations can be charged as either a Class B or Class A misdemeanor, depending on the situation.
Violation of Texas Open Carry Laws
In September 2021, the Texas State Legislature passed HB1927, which made it legal for most people over 21 years of age to carry a handgun in a holster without a permit. However, state law prohibits carrying guns and weapons in the following places:
- Amusement parks
- Businesses that derive 51% or more of their income from alcohol sales
- Correctional facilities
- Courthouses
- Civil commitment facilities
- Hospitals, nursing facilities, mental hospitals
- High school, college, interscholastic, or professional sporting events
- Businesses with visible signs prohibiting handguns
- Polling places on voting days
- Rooms where open governmental meetings are in progress
- Schools
- Secured areas of airports
Defenses to Weapons Possession Charges
Facing weapons possession charges in Texas can be a serious matter, but there are several defenses available that can help challenge the accusations. Understanding these defenses can provide clarity and a path forward if you find yourself in this situation.
1. Legal Ownership and Open Carry Rights
Texas law allows licensed handgun owners to openly carry their weapons in many circumstances. If you hold a valid license, you may be lawfully carrying your weapon, and the charges against you could be a result of a misunderstanding or misinterpretation of the law. Demonstrating that you were within your rights to carry the weapon can be a strong defense.
2. Misinterpretation of the Law
Weapons laws can be complex and sometimes even law enforcement officers may not fully understand them. If the police charged you incorrectly, your defense could involve asking the court to properly interpret the law and correct any misunderstandings. This defense relies on demonstrating that the charges are based on a misapplication of the legal statutes.
3. Lack of Proof
For a weapons possession charge to hold, the prosecution must provide proof of actual possession. Proving possession can be more complicated than it appears. If a firearm was merely near you, or if there is reason to believe someone else planted it in your car or home, the prosecution may struggle to meet the burden of proof. Highlighting the lack of concrete evidence can be an effective defense strategy.
4. Constitutional Defenses
The U.S. Constitution provides several protections that may apply to your case. These include:
- Right to Bear Arms: Your right to bear arms is protected under the Second Amendment. If you are charged with a weapons offense despite having the legal right to possess the firearm, this constitutional right can be a powerful defense.
- Protection from Unlawful Search and Seizure: Under the Fourth Amendment, you are protected from unlawful search and seizure. If the police conducted an illegal search to find the weapon, any evidence obtained during that search may be inadmissible in court. Challenging the legality of the search can significantly weaken the prosecution’s case.
- Honest Mistake or Accident: Sometimes, you may unintentionally violate weapons laws without any criminal intent. If you can show that any violation was an honest mistake or accident, such as inadvertently carrying a weapon into a restricted area, this defense may reduce or negate the charges.
How Can a Houston Weapons Possession Lawyer Help?
A weapons possession charge has the potential to disrupt your life, so you need an experienced and accomplished criminal defense lawyer on your side. Amanda Skillern is a highly qualified Houston defense attorney with a proven track record in handling weapons possession cases. Her extensive background as a former prosecutor and her years of experience in criminal law make her an ideal choice for anyone looking to fight weapons charges in Houston.
- Extensive Background in Criminal Law: Amanda Skillern began her legal career as a prosecutor for the Harris County District Attorney’s Office, where she spent eleven years handling a wide range of criminal cases, in various courts. Her experience spans Justice of the Peace appearances, felony District Court, and civil District Court.
- Proven Track Record: Amanda Skillern has handled thousands of cases and participated in more than thirty jury and bench trials. Her extensive experience as both a prosecutor and a defense lawyer equips her with a strong understanding of the legal system and effective defense strategies.
- Strong Negotiation Skills: Amanda’s background as a prosecutor has honed her negotiation skills. She is adept at negotiating with prosecutors to achieve favorable outcomes for her clients. Her ability to effectively communicate and negotiate can lead to reduced charges or even case dismissals.
- In-Depth Knowledge of Texas Gun Laws: Amanda Skillern is thoroughly familiar with Texas gun laws, which is critical when defending weapons possession cases. Her familiarity with the legal statutes and precedents allows her to build defense strategies informed by the latest legal developments.
Amanda Skillern’s extensive criminal defense experience and dedication to her clients make her a formidable advocate for those facing weapons charges. Her background as a former prosecutor also gives her unique insights into the prosecution’s tactics. If you are facing weapons possession charges in Houston, Amanda Skillern’s proven skill and dedication can provide you with the strong defense you need.
Discuss Your Weapons Possession Case with a Houston Criminal Defense Lawyer
If you are facing weapons possession charges in the Greater Houston area, don’t face this challenging situation alone. Reach out to Amanda Skillern for legal assistance you can trust. With her experience and dedication, she will provide you with the strong defense you need to protect your future. Your initial consultation is an important first step towards resolving your case and ensuring that your rights are upheld, so call 346-291-0432 today.
