In Lubbock, the penalties for illegally possessing a firearm can sometimes be severe. An individual might be charged with the unlawful possession of a firearm if it is not registered and if a person is intoxicated and gets pulled over, even if a person has it registered.
If you have been charged with the unlawful possession of a firearm in Lubbock, it is pertinent that you consult with an experienced gun lawyer as soon as possible. A knowledgeable attorney will be able to build a defense to help lessen or dismiss any penalties you may be facing.
Legally Possessing a Firearm
A person holding a valid registration can lawfully carry a firearm the range to-and-from the gun store. They can also have it under their seat when they travel. Further, they can hide it so that it is not apparent to a passerby, like at a shopping mall.
To lawfully possess a firearm, a person wants to register the gun, apply and get on the Department of Safety, and get a CDL.
The penalties for the unlawful possession of a firearm in Lubbock could be anywhere from a Class C ticket to a Class B all the way up to a felony, depending on the application that a person possessed. If a person had it in the commission of a crime, it could be a felony. If a person had it on their individual, it could be a Class B misdemeanor.
If a person is a felon and is found to be in possession of a firearm, the overall charge with be enhanced. Any charge could then be aggravated. In this case, a person will be faced with a third-degree felony, which carries a penalty of two to 10 years in prison and a $10,000 fine.
Some examples of where a person will always be charged with the unlawful possession of a firearm in Lubbock include churches, higher educational institutions and colleges, courthouses, an airport, and places along those lines like a bar and local pub.
If a person is found guilty of unlawful possession of a firearm in a gun-free zone, the charge could be as high as a third-degree felony. For instance, if an individual was in a bar or pub, that is a third degree felony for being somewhere with a gun that serves alcoholic beverages.
Influence of Criminal History
If a person is charged with a felony, they have to wait before they are legally able to possess a firearm. This wait is usually about five years. A person with certain misdemeanors, Class B or up, will not be allowed to possess a permit either.
Once these individual’s rights are restored, or they were pardoned by the governor, they can apply for a permit. For a deferred conviction, as soon as that deferred is lived out and it is a deferred charge, it is not a conviction. So if they are convicted, there is a five-year wait after their sentence is taken care of. Anytime before this, these individuals will be found guilty of unlawful possession if they own or have a firearm in Lubbock
Federal Law requires a five-year mandatory minimum for possessing, brandishing, or discharging a gun in the course of a drug offense.