Plano Gun Lawyer
The State of Texas treats weapon violations of high importance. Thus, a person needs to know that there are legal consequences for someone who is unlawfully caught carrying a weapon.
The Texas Penal Code (See Sec 46.02) holds a person liable for unlawful carrying a weapon when he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club except if that person is at home or in his own car or en route to his car. Furthermore, a person is also liable for unlawful carrying a weapon if he intentionally, knowingly or recklessly carries a handgun on or about his person in his own car and such handgun is in plain view or if the person is engaged in a criminal activity, or it is prohibited by law from possessing a firearm, or if the person is a member of a criminal street gang.
This type of offense is a class A misdemeanor. Possible punishments range up to 1 year in jail and a fine up to $4,000, however, if the offense was committed in a place where alcohol is sold or licensed to be sold, this would aggravate the offense into a third degree felony with a possible punishment range of 2-10 years in prison and up to a fine of $10,000.
Carrying a weapon does not solely pertain to handguns. One can be charged from carrying clubs, even certain chemical sprays, and knives. Of course, the prohibition does not apply if you acquired a state license for a concealed handgun. However, generally speaking, it is illegal for one to carry around any kind of weapon in Texas, except under certain limited circumstances. Such certain exceptions include that a person is permitted to carry a weapon to one’s own car to transport it or at one’s own house or a place of within the control of a person, such as a place of business. Weapon inside the car must not be in direct plain view.
The Texas Penal Code (Section 46.05) listed what Prohibited Weapons are. These includes, but is not necessarily limited to: Explosive weapons (grenades, bombs and rockets); Machine guns; Rifles with barrels that are less than 16 inches long; Shotguns with barrels that are less than 18 inches long; Any rifle or shotgun altered so that the entire weapon is less than 26 inches long; Switchblades knives; Brass knuckles; Improvised handguns, also referred to as “zip guns”.
Given all the information, one should bear in mind that carrying a prohibited weapon is one thing, using it is another. As pointed out earlier, Texas law treats weapon violations very seriously.
That being said, there are instances where it is legal to carry a weapon. Many people face charges when in reality they had every right to posses the firearm. This is where a Plano area experienced attorney at The Goolsby Law Firm comes in to play.
If you or your loved one is facing charges like this, it is important to have an advocate who will defend you and your loved ones’ rights, particularly in this case, an aggressive experienced lawyer is a must. That is why the Plano and Collin County attorneys at The Goolsby Law Firm offers criminal defense lawyers dealing with weapon charges, such as Unlawful Carrying a Weapon, who can defend your rights as well as ensure that you understand all available legal options. Call today to protect your rights.