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The right to bear arms is a fundamental tenet of the U.S. Constitution. Nonetheless, there are both state and federal laws that place restrictions on who may possess firearms, where they may possess firearms, and how they may use firearms. An Austin gun lawyer could advise you of your rights and defend you if you are charged with any type of gun offense.
A well-versed defense lawyer could advocate on your behalf to develop a strong defense strategy. You could fight back against any gun charges you are facing by working with knowledgeable legal representation.
Individuals who May Not Possess Firearms in Austin
Under Tex. Pen. Code § 46.04, it is illegal for individuals who have been convicted of a felony to possess firearms for five years following the date of the conviction or the date they were released from probation or parole, whichever is later. Illegal possession of a firearm by a felon is a third-degree felony offense.
Furthermore, federal and state law make it illegal for those who have been convicted of domestic violence, even if it is a misdemeanor conviction, to possess firearms. Similarly, anyone who is subject to domestic violence protective orders also is banned from possessing firearms, except for peace officers. A violation of these laws is a Class A misdemeanor offense.
Locations Where Guns Are Not Allowed
Tex. Pen. Code § 46.03 sets forth restrictions on where individuals may possess firearms. These restrictions apply regardless of whether a person is otherwise lawfully in possession of the gun. However, there are exceptions to these restrictions for certain classes of persons including peace officers, members of the military, and some others.
This section contains a long list of places where firearms are prohibited including public or private schools, property where school activities are occurring, and school buses. The only exceptions are if the school authorizes a person to carry firearms or if they are lawfully carrying a gun at a college or university.
Other locations where firearms generally are prohibited include government and court offices, racetracks, polling places during voting times, and secured areas of airports. It is a third-degree felony offense to violate this law, so the potential penalties for a conviction may be severe. As a result, anyone facing these offenses may wish to ask the advice of an Austin gun attorney.
Tex. Pen. Code § 42.12 makes it illegal to recklessly discharge a firearm in a city or town that has a population of $100,000 or more. This offense is a Class A misdemeanor. However, it is a third-degree felony pursuant to Tex. Pen. Code § 22.05 to intentionally discharge a firearm at another person or at home, building, or vehicle, regardless of whether the location is occupied.
Possessing or exhibiting a firearm during the commission of other crimes can result in more serious charges and harsher penalties. For example, an alleged assault may result in aggravated assault charges if the person used or showed a deadly weapon. Aggravated assault can be a first or second-degree felony offense, whereas a simple assault can be a misdemeanor or lower-level felony, depending on the situation.
Call an Austin Gun Attorney for Legal Advice
Gun offenses can be extremely serious, and a gun-related conviction can make it more difficult to find work, further your education, and even find an apartment – particularly if it is a felony offense. You may put your entire future at risk for an incident that results in gun charges. As a result, getting answers to your questions from an experienced Austin gun lawyer can be invaluable.
Skillful advocacy and legal representation may help you reach a positive outcome. With the legal assistance that you need, you may be able to move on with your life and minimize the negative consequences. Call today to get started.