In addition to federal laws, each state has gun laws in place to govern the use of firearms within that state, and Texas is no different. If you’ve been charged with a gun charge in San Antonio, you’re probably wondering what that might mean for you.
If you’re facing gun charges in San Antonio, keep reading to learn about Texas gun laws and weapons charges, and to determine whether or not you need a San Antonio gun charge attorney.
Key Takeaways:
- Gun charges are criminal offenses brought when a Texas or federal gun law is broken.
- For both first-time and repeat offenses, Texas gun charges range from Class C misdemeanors to first-degree felonies, depending on the details of the case.
- To determine what sort of charge you’re likely to face for violating gun laws in Texas, you should contact a capable gun law attorney.
- If you’re facing gun charges, seeking help from a criminal defense attorney is in your best interest.
What Are Gun Charges?
Gun charges are a type of weapons charge that a person might face for violating Texas gun laws or federal gun laws. In Texas, gun laws can differ for different types of guns, with handguns and machine guns facing special regulations. Still, your right to own firearms is highly protected in the state.
In most cases, you aren’t required to get a license to carry a gun in Texas, but you will need a license for concealed carry of handguns, and only those over the age of 21 are legally allowed to own and carry a gun. You can purchase a gun through a private sale without a background check, but purchasing through a licensed dealer will require a background check.
Federal and state laws can be complicated, but successfully navigating these laws is essential for defending yourself against gun crime charges. A defense attorney can tell you more about how the Texas Penal Code categorizes gun crimes to help you build a strong case against criminal conviction.
Unlawful Carrying of a Weapon
Under Texas’s constitutional carry law, unlawful carrying of a weapon charges can be brought when a person intentionally, knowingly, or recklessly carries a handgun, club, or illegal knife on or about his or her person in a restricted area like a school, polling place, or government building. These charges specifically relate to where the offense occurred. For open carry, Texas law also states that handguns must be carried in a holster. Keep in mind that there are laws protecting the right to carry a gun in Texas for most citizens in many places.
Unlawful Possession of a Prohibited Weapon
Possession of a prohibited weapon under Texas gun laws is an offense in which a person knowingly possesses, manufactures, transports, repairs, or sells any prohibited weapon. Some of the prohibited weapons include zip guns, tire deflation devices, short-barrel firearms, machine guns, explosive weapons, and firearm silencers. Under constructive possession rules, you may be charged if you have control over a weapon, even without physical contact.
Discharging a Firearm in Certain Locations
Discharging a firearm in certain locations is an offense where a person fires a weapon in a place or situation where it puts others at risk. This is considered a type of disorderly conduct under the Texas Penal Code. For example, shooting a gun in a public area can lead to criminal charges. However, there are some exceptions and legal defenses for discharging a firearm in Texas.
Unlawful Firearm Possession By Prohibited Persons
According to Texas gun laws, certain persons are prohibited from possessing firearms, including convicted felons and those with specific court orders. For example, under federal law, anyone with a felony conviction or a Class A misdemeanor involving domestic violence must wait five years after release to legally possess a firearm. In addition, Texas laws restrict members of criminal street gangs from carrying guns. If any of these persons are caught in possession of a firearm, they can face a serious weapons charge.
Use of a Weapon in a Crime
Using or showing a deadly weapon when a person commits a crime makes the offense more serious. For example, robbery becomes aggravated robbery if a deadly weapon is used or shown. The same applies to assault if a deadly weapon is involved, as well as sexual assault charges. The exception is for violations of ordinances regulating traffic: carrying firearms while breaking traffic laws will not generally or automatically result in higher charges.
Penalties for a 1st-Time Gun Charge in Texas
Regardless of the specific offense, penalties for a first-time gun charge in Texas can be serious. Charges for offenses such as leaving a loaded gun within access of a child can carry penalties as low as a Class C misdemeanor, but most offenses carry higher charges. Knowing these charges can give you an idea of what to expect.
Below are Texas gun charge penalties for first-time offenders. In addition to prison time, fines, and a permanent criminal record, gun crime charges can also lead to other consequences, potentially including community supervision or probation, restrictions on your gun rights, and long-term employment and housing issues.
Unlawful Carrying of a Weapon
- Carrying a Weapon in Prohibited Places – Third-degree felony with 2 to 10 years in prison and a $10,000 fine
Unlawful Possession of a Prohibited Weapon
- Possession of Machine Guns or Explosives – Third-degree felony with 2 to 10 years in prison and up to a $10,000 fine
- Possession of an Explosive Device – Second-degree felony with 2 to 20 years in prison and up to a $10,000 fine
Discharging a Firearm in Certain Locations
- Discharge of a Firearm in Certain Municipalities – Class A misdemeanor with up to 1 year in jail and a $4,000 fine
- Reckless Discharge of a Firearm – State jail felony with 180 days to 2 years in a state jail facility and a $10,000 fine
Unlawful Firearm Possession Charges
- Third-degree felony with 2 to 10 years in prison and a $10,000 fine
Use of a Weapon in a Crime
- Aggravated Robbery – First-degree felony with 5 to 99 years or life in prison and a $10,000 fine
- Aggravated Assault – Second-degree felony with 2 to 20 years in prison and up to a $10,000 fine
- Aggravated Sexual Assault – First-degree felony with 5 to 99 years or life in prison and a $10,000 fine
Charges for Repeat Offenders
Prior convictions for gun offenses typically lead to elevated penalties. Depending on your prior criminal history with gun offenses, misdemeanor gun charges may be elevated to felonies, with mandatory minimum prison sentences. For those with prior felony convictions, you may face significantly higher consequences compared to offenders with no history of criminal activity.
If you’re facing gun charges in Texas as a person with a prior history of convictions, you should get help from an experienced attorney to ensure your rights to fair criminal proceedings are protected. Depending on the details of your case, we may be able to reduce your charges by proving that authorities carried out an illegal search, that mitigating circumstances were involved, or that the evidence is insufficient.
Do You Need Help From a Gun Charge Attorney?
If you’re facing gun charges in San Antonio, it’s in your best interest to get in touch with a San Antonio gun charge attorney. The consequences of gun charges can range from steep fines to heavy jail time, and you need to take these penalties seriously. A gun charge lawyer can help you ensure that your rights are protected during this difficult time.
If you’ve been charged with gun charges in San Antonio, reach out to the Law Office of John G. Perez Jr. today. San Antonio criminal defense attorney John G. Perez would be proud to help you defend yourself and reduce your charges.