Although Texas laws allow most people to carry firearms in one way or another, violations of the Texas Penal Code as it pertains to gun use and possession can bring about severe consequences, some of which may jeopardize your right to own firearms in the future. The use of a firearm in any illegal way can also make other criminal allegations—such as assault, robbery, or burglary—much more serious with potentially harsher penalties.
A Frisco gun lawyer could help you if the police believe that your possession or use of a firearm violated state law. Allegations of possessing illegal weapons, carrying a weapon into an illegal place, or using a firearm during the commission of another offense are all manners with which a criminal defense attorney could provide valuable assistance.
Responsible Firearm Ownership
There is nothing in the Texas Penal Code that prohibits most people in Frisco from owning most types of firearms. This applies to rifles, shotguns, and other hunting weapons.
However, some types of weapons are illegal to possess under any circumstances. According to Texas Penal Code §46.05, people can never legally own:
- Machine guns
- Improvised firearms
- Armor piercing ammunition
- Sawed-off shotguns
These offenses are felonies of the third degree. This means that a conviction carries a mandatory minimum sentence of two years in prison up to a maximum of ten.
Similar laws concern the legal possession of handguns. Tex. Pen. Code §46.02 states that people may only legally possess a handgun in their homes or in their vehicles. People who wish to carry in public must apply for a permit, as per Tex. Pen. Code §46.305.
Violations of these laws are misdemeanors unlikely to result in jail time, but they may jeopardize a person’s ability to legally carry in the future. Regardless of the specific possible consequences, a Frisco gun attorney could identify the key elements of a criminal case and work to mitigate them on a defendant’s behalf.
The Presence of a Firearm as an Aggravating Factor
Not only is illegal possession of a firearm a criminal offense, but it is also prohibited to bring a firearm into certain places, even if it would be permissible elsewhere. According to Tex. Pen. Code §46.03, this is a felony of the third degree under most circumstances.
Felony level charges also apply if a defendant uses a firearm to help commit another offense. For example, Tex. Pen. Code §22.02 affirms that an assault rises to the level of aggravated assault if the defendant brings a firearm to the scene of the offense. This applies regardless of whether the defendant actually fires the weapon.
Similarly, offenses including burglary or robbery rise in severity if a defendant allegedly used a firearm to help in the commission of the offense. A firearm lawyer in Frisco could help examine the facts behind an alleged offense and develop a comprehensive defense strategy.
How a Frisco Gun Attorney Could Help
With some rare exceptions concerning illegal guns and handguns, the law in Frisco assumes that you have the right to own a firearm. However, any alleged violation of the state’s gun laws can carry severe consequences. Many illegal firearm cases are felonies that may result in lengthy prison sentences and jeopardize your right to own guns in the future.
A Frisco gun lawyer could help protect your right to legal gun ownership as well as contest any criminal allegations. This can include taking steps to challenge the idea that a firearm was present at the scene, that it belonged to you, or even that you did not have the right to carry at the time of the arrest. Call today to learn more about the state’s gun laws and find out how best to protect your rights.