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Weapons Crimes
Weapons Crimes Defense Lawyers in Frisco, Texas
Relentless Defense Against Weapons Offense Charges in Frisco, Carrollton, Collin, Denton & Surrounding Counties
It’s interesting, even though Texas has a reputation for having relatively lax gun regulations that provide lawful gun owners a lot of leeway, it is nevertheless shockingly simple to be arrested and charged with a felony in the state and if convicted you lose the ability to own a weapon. If you are accused of breaking Texas weapon regulations, you run the risk of being prosecuted for significant felonies and the state authorities do not treat these violations lightly. If you are found guilty, you face time in prison.
The following are examples of Weapons crimes that are treated seriously in Collin, Dallas, and Denton Counties:
- Illegally possessing or carrying a firearm;
- Discharging a gun improperly;
- Utilizing a weapon in the commission of a crime.
- Selling or giving an illegal weapon to another person, or for allowing a kid to obtain access to a handgun that is not locked up securely.
Prohibited Weapons in Texas?
It is imperative that you keep in mind that the Texas Penal Code considers weapons to include more than simply firearms alone. The charges of illegal possession, carry, and usage apply to a wide variety of items, including but not limited to knives, chemical sprays, and clubs.
The law of the state of Texas makes it a criminal offense to possess certain weapons, with the exception of those that are considered antiques or if the individual is licensed by the federal government.
- Explosive weapons such as grenades
- Automatic Weapons
- Rifles having barrel lengths that are less than 16 inches
- Shotguns having barrel lengths that are less than 18 inches.
- Any rifle or shotgun that has been modified to the point where the overall length of the weapon is less than 26 inches
- Switchblades
- Brass knuckles.
- Zip guns which are essentially homemade pistols.
The illegal possession of a switchblade or brass knuckles is considered a Class A misdemeanor, which carries a potential sentence of up to one year in a county prison and a fine of up to $4,000. The other offenses are classified as felonies of the third degree, which carry a maximum sentence of two to ten years in state prison and a fine of up to ten thousand dollars.
It is also against the law for a person who has been convicted of any domestic violence offense, whether it be a felony or a misdemeanor, to possess a firearm of any type within the first five years after being released from jail, prison, or probation.
It is also a Class A misdemeanor to provide or sell a firearm to a person who is not legally permitted to possess one, such as a person who has been convicted of a felony. It is a crime punishable by state jail time to sell or provide a firearm to a juvenile without the authorization of the minor’s parent or legal guardian. And it is a Class C misdemeanor to leave a loaded handgun that is not secured in a location where a kid has access to it, unless someone is killed or gravely hurt, in which case it is a Class A misdemeanor.
Laws Regarding Carrying a Concealed Weapon in the State of Texas
Individuals in the state of 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, as stated in Chapter 411 of the Texas Government Code. However, individuals who do not meet the requirements to carry a concealed handgun license are prohibited from doing so.
A person must not have any felony convictions, must be in accordance with all state and federal laws, and must meet a number of additional criteria in order to fulfill the requirements to carry a concealed weapon.
If a person meets any of the following criteria, they may be unable to obtain a license to carry a concealed handgun:
- They are currently facing any criminal charges;
- They are dependent on alcohol, drugs, chemicals, or other substances;
- They have been diagnosed with certain types of psychological disorders;
- They are delinquent on state or city taxes, governmental fees, or child support;
- They are the subject of any protective or restraining orders.
In Texas, offenses involving firearms, weapons, and guns are prosecuted according to the provisions outlined in Chapter 12 of the Texas Penal Code. However, these are the minimum statutory penalties, and they can be increased depending on a variety of factors. These factors include the alleged offender’s criminal history, the nature of the alleged offense, whether or not the alleged offender is considered a violent offender, the location of the alleged offense, whether or not the alleged offense involved a minor, and whether or not the alleged offense involved a minor.
The Repercussions of Illegally Transferring a Weapon to Another Person
It’s common knowledge that Texans are passionate about their firearms, but it’s never a good idea to sell, trade, or lend a firearm to someone else. Criminal charges may be brought against you if you:
- Give a firearm to another person while you are aware that they plan to use it unlawfully or are in the midst of committing a crime;
- Knowingly supply, or offer to provide, a firearm, club, or knife with a blade longer than 5.5 inches to a juvenile.
- Knowingly sell a firearm or ammunition to someone who is under the influence of alcohol or drugs.
- Knowingly sell a firearm or ammunition to a person who has been convicted of a felony within five years of their release from jail or parole, you will be subject to a fine.
- Knowingly provide a firearm to any individual who the subject of a protection order.
- While you are the subject of a protection order, either give someone else a pistol or accept one from another person.
If you are found guilty of participating in any of the actions mentioned above, you will be subject to severe punishments.
Transferring certain weapons unlawfully is a Class A misdemeanor. The maximum penalties include a fine of up to $4,000 and a possible jail sentence of up to one year.
If the weapon in question was a handgun, the offense will be increased to a state jail felony instead of a misdemeanor. If you are found guilty, the time you spend in jail might range anywhere from 180 days to 2 years. You also risk a punishment of up to $10,000 for this offense.
Most Common Place for Unlawful Carry: The Airport
The Dallas Fort Worth International Airport is often ranked as one of the world’s busiest airports. The DFW Airport Police Department are kept on high alert and they maintain a pretty hefty arrest record for individuals that enter the airport, most often unknowingly, with their concealed weapons. Of course, it is a violation of the law to bring weapons, such as a pistol, into the restricted area of an airport. When a person places their carry-on baggage in the x-ray machine to be examined, the majority of the time they are unaware that they have a pistol concealed within that luggage. While most of the circumstantial evidence in these situations would lead law enforcement to conclude it was not intentional, the officers usually still make the arrest and charge them with a felony violation.
According to Section 46.03 of the Texas Penal Code, “a person commits an offense if the person willfully, knowingly, or carelessly has or goes with a handgun into a guarded area of an airport.” This provision applies whether the person acts intentionally, knowingly, or recklessly. A violation of section 46.03 is considered a felony of the third degree, which entails a sentence of between two and ten years in prison and a fine of up to ten thousand dollars. Without question, Airports have to have a no tolerance policy when it comes to firearms, but if you retain an experienced Weapons Crimes Defense Lawyer, these types of charges typically can be worked out, especially if you get a criminal defense lawyer on the case quickly.
If you were arrested and your firearm was taken from you, the experienced Weapons Crimes Defense Lawyers at Ridgely Davis Law will do everything in their power to assist you in obtaining the return of your firearm once the case has been resolved. If the lawsuit is thrown out, the law stipulates that the firearm must be returned to its rightful owner (absent some other agreement).
In most cases, a person who is arrested by DFW Airport Police will be required to wait until the following day in order to be transferred to the Tarrant County Jail. Once there, a Magistrate Judge will arraign the individual and set a bond, which will allow the individual to be released upon posting bond. However, there is a procedure that may be followed in order for a person to be immediately freed from the Airport Jail. If the individual who was arrested or his loved one makes fast contact with one of our Weapons Crimes Defense Lawyers, we may be able to obtain a Writ Bond to have the arrested person freed from the Airport Jail. A Writ Bond can be executed in a matter of hours, although this timeframe is highly dependent on the day of the week and whether or not it is a weekend. If your loved one has recently been arrested at an airport, contact the Weapons Crimes Defense Lawyers at Ridgely Davis Law to get the process started of obtaining a fast Writ Bond to help secure their release.
CONSULT AN Experienced Weapons Crimes Defense Lawyer in Frisco, Texas
If you or someone you care about has been charged with a Weapon related Crime such as unlawful carry in an airport, within Collin, Dallas, Denton and surrounding counties, you need an attorney who is skilled and competent to fight for your constitutional rights and defend your innocence.
You can count on the Collin | Denton County Weapons Crimes Criminal Defense Lawyers at Ridgely Davis Law in Frisco, Texas to protect your rights and to provide you with the assistance you need to defend your case. Get in touch with the Ridgely Davis Law right now at (469) 935-4600 to schedule a no-cost consultation appointment.
Schedule a Free Case Evaluation with an Experienced Weapons Crimes Criminal Defense Lawyer in Frisco, TX serving Collin, Dallas, Denton and surrounding Counties. (469) 935-4600
Take the first Step
Accused a Weapons Crime in the Collin, Denton County regions of Texas? It is essential to get an understanding on how to address the allegations and develop a plan to move forward. At Ridgely Davis Law our Weapons Crimes Defense Lawyers are ready to answer your questions and help you develop a strategy to fight the charges in your unique Weapon related matter.
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Texas Penal Code 46.02: Unlawful Carry of weapon Statute
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun;
(2) at the time of the offense:
(A) is younger than 21 years of age; or
(B) has been convicted of an offense under Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed in the five-year period preceding the date the instant offense was committed; and
(3) is not:
(A) on the person’s own premises or premises under the person’s control; or
(B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person’s control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person’s control at any time in which:
(1) the handgun is in plain view, unless the person is 21 years of age or older or is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a holster; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; or
(B) prohibited by law from possessing a firearm.
(a-2) For purposes of this section, “premises” includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, “recreational vehicle” means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(a-3) For purposes of this section, “watercraft” means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.
(a-4) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a location-restricted knife;
(2) is younger than 18 years of age at the time of the offense; and
(3) is not:
(A) on the person’s own premises or premises under the person’s control;
(B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person’s control; or
(C) under the direct supervision of a parent or legal guardian of the person.
(a-5) A person commits an offense if the person carries a handgun and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster.
(a-6) A person commits an offense if the person:
(1) carries a handgun while the person is intoxicated; and
(2) is not:
(A) on the person’s own property or property under the person’s control or on private property with the consent of the owner of the property; or
(B) inside of or directly en route to a motor vehicle or watercraft:
(i) that is owned by the person or under the person’s control; or
(ii) with the consent of the owner or operator of the vehicle or watercraft.
(a-7) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun;
(2) is not:
(A) on the person’s own premises or premises under the person’s control; or
(B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person’s control; and
(3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c).
(a-8) If conduct constituting an offense under Subsection (a-7) constitutes an offense under another provision of law, the actor may be prosecuted under Subsection (a-7) or under both provisions.
(b) Except as provided by Subsection (d) or (e), an offense under this section is a Class A misdemeanor.
(c) Repealed by Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 26(8), eff. September 1, 2021.
(d) An offense under Subsection (a-4) is a Class C misdemeanor.
(e) An offense under Subsection (a-7) is:
(1) a felony of the second degree with a minimum term of imprisonment of five years, if the actor was prohibited from possessing a firearm under Section 46.04(a); or
(2) a felony of the third degree, if the actor was prohibited from possessing a firearm under Section 46.04(b) or (c).
Sec. 46.03. PLACES WEAPONS PROHIBITED.
(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless:
(A) pursuant to written regulations or written authorization of the institution; or
(B) the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies, on the premises of an institution of higher education or private or independent institution of higher education, on any grounds or building on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution;
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport;
(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited;
(7) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(8) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the person is a participant in the event and a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a) is used in the event;
(9) on the premises of a correctional facility;
(10) on the premises of a civil commitment facility;
(11) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the person has written authorization of the hospital or nursing facility administration, as appropriate;
(12) on the premises of a mental hospital, as defined by Section 571.003, Health and Safety Code, unless the person has written authorization of the mental hospital administration;
(13) in an amusement park; or
(14) in the room or rooms where a meeting of a governmental entity is held, if the meeting is an open meeting subject to Chapter 551, Government Code, and if the entity provided notice as required by that chapter.
(a-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 26(9), eff. September 1, 2021.
(a-2) Notwithstanding Section 46.02(a-5), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder’s person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally or knowingly displays the handgun in plain view of another person:
(1) on the premises of an institution of higher education or private or independent institution of higher education; or
(2) on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education.
(a-3) Notwithstanding Subsection (a) or Section 46.02(a-5), a license holder commits an offense if the license holder carries a handgun on the campus of a private or independent institution of higher education in this state that has established rules, regulations, or other provisions prohibiting license holders from carrying handguns pursuant to Section 411.2031(e), Government Code, or on the grounds or building on which an activity sponsored by such an institution is being conducted, or in a passenger transportation vehicle of such an institution, regardless of whether the handgun is concealed, provided the institution gives effective notice under Section 30.06.
(a-4) Notwithstanding Subsection (a) or Section 46.02(a-5), a license holder commits an offense if the license holder intentionally carries a concealed handgun on a portion of a premises located on the campus of an institution of higher education in this state on which the carrying of a concealed handgun is prohibited by rules, regulations, or other provisions established under Section 411.2031(d-1), Government Code, provided the institution gives effective notice under Section 30.06 with respect to that portion.
(b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court.
(c) In this section:
(1) “Amusement park” means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
(2) “Institution of higher education” and “private or independent institution of higher education” have the meanings assigned by Section 61.003, Education Code.
(3) “License holder” means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.
(4) “Premises” means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
(5) “Secured area” means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law, or an aircraft parking area that is used by common carriers in air transportation but not by general aviation and to which access is controlled under federal law. The term does not include a baggage claim area, a motor vehicle parking area used by passengers, employees, or persons awaiting an arrival, or an area used by the public to pick up or drop off passengers or employees.
(d) It is a defense to prosecution under Subsection (a)(5) that the actor possessed a firearm or club while traveling to or from the actor’s place of assignment or in the actual discharge of duties as:
(1) a member of the armed forces or national guard;
(2) a guard employed by a penal institution; or
(3) a security officer commissioned by the Texas Private Security Board if:
(A) the actor is wearing a distinctive uniform; and
(B) the firearm or club is in plain view; or
(4) a security officer who holds a personal protection authorization under Chapter 1702, Occupations Code, provided that the officer is either:
(A) wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officer’s firearm in plain view; or
(B) not wearing the uniform of a security officer and carrying the officer’s firearm in a concealed manner.
(e) It is a defense to prosecution under Subsection (a)(5) that the actor:
(1) checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area; or
(2) was authorized by a federal agency or the airport operator to possess a firearm in a secured area.
(e-1) It is a defense to prosecution under Subsection (a)(5) that the actor:
(1) possessed, at the screening checkpoint for the secured area, a handgun that the actor was licensed to carry under Subchapter H, Chapter 411, Government Code; and
(2) exited the screening checkpoint for the secured area immediately upon completion of the required screening processes and notification that the actor possessed the handgun.
(e-2) A peace officer investigating conduct that may constitute an offense under Subsection (a)(5) and that consists only of an actor’s possession of a handgun that the actor is licensed to carry under Subchapter H, Chapter 411, Government Code, may not arrest the actor for the offense unless:
(1) the officer advises the actor of the defense available under Subsection (e-1) and gives the actor an opportunity to exit the screening checkpoint for the secured area; and
(2) the actor does not immediately exit the checkpoint upon completion of the required screening processes.
(f) Except as provided by Subsection (e-1), it is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.
(g) Except as provided by Subsections (g-1) and (g-2), an offense under this section is a felony of the third degree.
(g-1) If the weapon that is the subject of the offense is a location-restricted knife, an offense under this section is a Class C misdemeanor, except that the offense is a felony of the third degree if the offense is committed under Subsection (a)(1).
(g-2) An offense committed under Subsection (a)(8), (a)(10), (a)(11), (a)(13), (a-2), (a-3), or (a-4) is a Class A misdemeanor.
(h) It is a defense to prosecution under Subsection (a)(4) that the actor possessed a firearm or club while traveling to or from the actor’s place of assignment or in the actual discharge of duties as a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies, if:
(1) the actor is wearing a distinctive uniform; and
(2) the firearm or club is in plain view.
(i) It is an exception to the application of Subsection (a)(6) that the actor possessed a firearm or club:
(1) while in a vehicle being driven on a public road; or
(2) at the actor’s residence or place of employment.
Weapons Crimes Defense Lawyers