Law Offices Of Richard C. McConathy

Firearm/Weapon Offenses

Weatherford Firearm/Weapon Offenses Attorney

Firearms and other weapons are extremely important to a number of Texans, but state law also restricts the places these items can be carried and used. When a person brings a firearm or weapon into a prohibited place, they can possibly face criminal charges.

A firearm or weapon offense could lead to some serious penalties in some cases, including not only the possibility of jail time and fines but also maybe becoming ineligible to possess a weapon or firearm. Beyond that, there could also be the potential for a damaging criminal record that causes undue hardship in matters concerning employment, housing, or other areas.

Weatherford Firearm/Weapon Offenses Attorney

If you were arrested for a firearm or weapons crime in Parker County, it is going to be important for you to quickly seek legal representation. Make sure you have a criminal defense lawyer who is knowledgeable about the kind of case that you have.

The Law Offices of Richard C. McConathy has defended people accused of all kinds of gun crimes and we will be able to fight to help you protect your freedom. You can have us review your case and discuss everything with you when you call (817) 458-3226 or contact our firm online to receive a free consultation.

Firearm/Weapon Examples in Parker County

Under section 46.01 of the Texas Penal Code, weapons, guns, and firearms in Texas that are prohibited and can result in a criminal offense can include any of the following:

A knife,
Armor-piercing ammunition,
Bowie knives,
Chemical dispensing devices,
Explosive weapons,
Firearm silencers,
Illegal knives,
Machine guns,
Short-barrel firearms,
Switchblade knives,
Tomahawks, and/or
Zip gun.

Unlawful Carry in Weatherford

Texas may have some of the country’s most lenient weapons laws, but there are still situations where it’s illegal to carry a weapon. It doesn’t matter if the weapon is a handgun, club, or knife; you can still be charged with the offense if you are caught with the weapon in the wrong place.

According to Texas Penal Code § 46.02, it’s against the law to carry a weapon unless you are on your property or you’re inside of, or on the way to your vehicle. It’s also against the law to have a handgun in plain view inside the vehicle. The only time the gun can be in plain sight is if you are licensed to carry it, and it’s being carried in a shoulder or belt holster

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You face Class A misdemeanor charges if you are convicted under this section of the Penal Code. A Class A misdemeanor is punishable by no more than a year in jail, a fine that can cost up to $4,000, or both.

If you are caught unlawfully carrying a handgun in a place that is licensed or permitted to sell alcohol, your charges could be elevated to a third-degree felony. If convicted, you will be facing no less than two years but not more than 10 in prison, and a fine that can cost up to $10,000.

Places Weapons are Prohibited in Parker County

To ensure the safety of others, there are places where you are prohibited from carrying a weapon. Texas Penal Code § 46.03 makes it illegal to carry a weapon in the following locations:

A school or educational institution
Polling place
Government court or office
Secured areas of an airport
Places of execution

If you are caught carrying a handgun in any of the aforementioned locations, you will be facing a third-degree felony. It’s irrelevant to the court if you are licensed to carry a handgun in Texas.

There are also places where knives are restricted. These knives are called “location-restricted knives” and they have a blade that is over five and a half inches long. It’s against the law to carry a location-restricted knife in the following locations:

A business that earns 51% or more of its earnings from the sale of alcohol
Anywhere that a high school, college, or professional sporting event or interscholastic event is taking place.
A correctional facility
Hospital or nursing facility
Mental health facility
Amusement park
Places of religious worship

Possessing a location-restricted knife in any of the locations mentioned in this section is a Class C misdemeanor. You could face a fine of up to $500 if convicted. If the knife was in your possession while you were at a school or educational institution, you will be charged with a third-degree felony.

Unlawful Possession of a Firearm in Weatherford

Certain individuals are prohibited from owning firearms in Texas. Texas Penal Code § 46.04 makes it illegal for convicted felons to possess a gun within five years of being released from confinement, parole, or community supervision.

If you are a convicted felon and you are found in possession of a firearm, you will face a third-degree felony charge. After five years have passed since being released, convicted felons can possess a firearm in their home.

It’s also illegal to possess a firearm within five years of being released from confinement or community supervision for a conviction of assault against a family member. Possession of a weapon is a Class A misdemeanor that can land you in jail for a year and a fine of $4,000.

Illegal Weapons in Texas

Texas is a place that takes pride in honoring the right to keep and bear arms, but they still place a limitation on the type of firearms and other weapons its citizens are allowed to keep and bear. There are only a handful of weapons the state makes illegal to own, and they are listed under section 46.05 of the Texas Penal Code.

How you are charged for possessing an illegal weapon depends on the weapon. Listed below are weapons that are illegal to own in Texas and the charges you could face if they are found in your possession.

An explosive weapon- Third-degree felony
Machine gun- Third-degree felony
Short-barrel firearms- Third-degree felony
Firearm silencer- Third-degree felony
Brass knuckles- Class A misdemeanor
Armor-piercing ammunition-Third-degree felony
Chemical dispensing device – Third-degree felony
Homemade guns (zip guns)- Third-degree felony
A tire deflation devise- State jail felony
Improvised explosive device-Third-degree felony

Some of these weapons can be legally owned if they are registered with the National Firearms Registration and Transfer Record, or if they are classified as a curio or relic by the United States Department of Justice.

Concealed Weapon Carry Laws in Texas

Chapter 411 of the Texas Government Code states individuals in Texas who have applied for and met the requirements to carry a concealed handgun license are permitted to carry a handgun in a public place that does not sell alcohol.

In order to meet the requirements to carry a concealed handgun, an individual must not have any felony convictions, must be in compliance with all state and federal laws, and meet other specified criteria.

An individual may be disqualified from receiving a concealed handgun license if they:

Have any criminal charges currently pending,
Have any alcohol, drug, chemical, or substance dependency,
Have been diagnosed with certain types of psychological disorders,
Have defaulted on state or city taxes, governmental fees, or child support, and/or
Have any protective or restraining orders against them in place.

Firearm and Weapon Penalties in Parker County

The penalties for firearm, weapon, and gun crimes in Texas are listed in Chapter 12 of the Texas Penal Code. However, these are the basic statutory penalties, and they can increase depending on a variety of factors, including the type of offense they allegedly committed, whether they are considered a violent offender, where the offense allegedly occurred, whether the alleged offense involved a minor, and whether the alleged offender has any criminal history.

A conviction for a Class B misdemeanor weapons offense can result in a jail sentence up to 180 days and/or a fine up to $2,000.
A conviction for a Class A misdemeanor weapons offense can result in a jail sentence up to one year and/or a fine up to $4,000.
A conviction for a state jail felony weapons offense can result in a jail sentence ranging from 180 days to two years and/or a fine up to $10,000.
A conviction for a felony of the third degree weapons offense can result in a prison sentence ranging from two to ten years and/or a fine up to $10,000.
A conviction for a felony of the second degree weapons offense can result in a prison sentence ranging from two to 20 years and/or a fine up to $10,000.
A conviction for a felony of the first degree weapons offense can result in a prison sentence ranging from five to 99 years or life imprisonment and/or a fine up to $10,000.

Weatherford Firearm/Weapon Offenses Resources

Handgun Licensing – Texas Department of Public Safety — The Texas DPS website provides general information on concealed handguns in Texas, how to apply for a concealed handgun in the state, answers to frequently asked firearm and gun questions, and Texas laws regarding firearm and weapon laws. Also view reports and statistics. Various forms can also be found on this website.

National Rifle Association: Home of the NRA — This is the official website of the NRA, which identifies itself as “America’s longest-standing civil rights organization.” Read about politics and legislation, NRA programs, and benefits of NRA membership. You can also learn more about the organization.

Contact a Firearm/Weapon Offenses Lawyer in Parker County Today

Were you arrested for a firearm or weapons crime in the Weatherford area? You must make sure that you have the help of a skilled attorney before you appear in court.

The Law Offices of Richard C. McConathy will aggressively defend you against any and all criminal charges stemming from a weapons or firearm crime. We will be able to fully explain to you what we can do when you call (817) 458-3226 or contact us online to take advantage of a free consultation.

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