Weapon Possession

The weapons laws in Texas allow you to possess a firearm but in certain cases, possession can be illegal. You may be charged with a weapons possession crime if you possess a certain type of weapon or have been brandishing it in public. Regardless of the weapon you are charged with possession of, it is extremely important that you talk to a criminal defense lawyer in Texas without delay. Having an experienced trial lawyer in Texas, who has handled weapons possession cases before, can prove the difference between acquittal and punishment.

The type of weapon will determine if your case is tried in State Court or Federal Court. According to the Second Amendment, you are free to keep arms as a citizen of the US, but the law does place restrictions on the type of weapon you can keep and whether or not you are allowed to carry it openly. For instance, you are not allowed to carry a weapon in a school, courthouse, airport or church. The law is applicable even if you have a license to carry a concealed weapon.


There are also some restrictions on the types of weapons you can carry. These include brass knuckles, automatic firearms, rifles, and nunchucks. Mere possession of these weapons can lead to a weapons possession charge. The punishment you receive, if the crime is proven, varies depending on the type of weapon you were carrying and also the location at which you were carrying it. Your past record will also influence the extent of the punishment. For example, if you are a convicted felon, possessing a firearm will be treated as a third degree felony and you can receive up to 10 years in prison with a fine.

If you have a clean record, possession of a weapon prohibited under the law may be treated as a Class A misdemeanor. This could include up to a year in the county jail and a fine.

If you are found guilty, your right to possess a weapon and your liberty can be at stake. This is why it is important that you speak with a criminal defense attorney in Texas such as the Law Firm of Aaron W. Perry, PLLC as soon as you are charged with weapons possession. An experienced lawyer can provide you guidance on the best course of action and enlighten you on how you can minimize the punishment.