Both state and federal laws regulate firearms. Individuals who fail to follow these laws can face severe sanctions. While gun owners should take steps to educate themselves about the many rules and guidelines that govern gun possession and usage, they may still run afoul of firearm regulations. Retaining legal advice from the beginning of your case can be vital to a positive resolution. A Frisco gun lawyer may be able to raise pertinent defenses to gun charges and work to mitigate penalties.
Unlike many other states, Texas does not require individuals to have a permit or license to carry handguns in, to, and from selected locations, including on their property, in their residences, and in their vehicles or watercraft. Nonetheless, persons may not carry a handgun in plain sight in their vehicles or watercraft without a handgun permit.
Violation of this code section can result in Class A misdemeanor charges or even third-degree felony charges in selected circumstances. A gun lawyer in Frisco may be able to mount a vigorous defense to gun permit violations, depending on the situation.
State law prohibits various individuals from possessing or owning guns. Some of these restrictions are permanent, and others are temporary, but individuals who violate any of these laws can face criminal charges.
For instance, individuals with a felony conviction may not own or possession firearms under Tex. Pen. Code § 46.04. Similarly, anyone who has a criminal conviction for family violence, whether it is a felony or a misdemeanor, may not possess firearms. After five years have passed since their release from incarceration, probation, or parole, whichever is later, they again become eligible to possess a gun in limited circumstances.
Violation of this code section can result in third-degree felony charges. A conviction on a third-degree felony can result in two to ten years in jail and a $10,000 fine. If the gun prohibition is due to a family violence conviction or current protective order, however, the charge drops to a Class A misdemeanor, which carries the potential for a maximum year in jail.
Whether individuals are carrying guns with a valid permit or not, Tex. Pen. Code § 46.03 makes it unlawful to possess or carry a firearm in specific locations. For example, individuals may not carry guns on the campuses of any public or private schools, at colleges or universities, or on school buses or vehicles. Other places in which gun possession is prohibited include polling places during elections, all courts and government offices, racetracks, and secured areas of airports.
Additionally, this code section makes it illegal to possess a gun while visiting amusement parks or churches, synagogues, or other places of worship.
Some individuals are exempt from this code section, such as law enforcement officers, jail and correctional officers, and court officers in the course of their official duties. Those who violate this law and do not meet one of these exemptions can face third-degree felony charges. Since the consequences of a felony conviction may be severe, seeking the advice of an attorney in Frisco after an arrest may be wise.
While Texas laws regarding the possession of firearms are not as stringent as those of other states, there still are significant restrictions of which all gun owners should be aware. Regardless of the nature of the gun charges that you are facing, you may be able to defend yourself more effectively with the assistance of a Frisco gun lawyer. Contact an attorney today.