How To Beat Possession Of Firearm By Felon

How To Beat Possession Of Firearm By Felon - Texas gun laws are among the most generous in the country. Many other states will charge you with firearms offenses for possessing a firearm for any reason. Texas values ​​a citizens Second Amendment rights to bear arms - However, recent events and legislation have caused law enforcement officers to be more vigilant in apprehending lawbreakers.

If you are facing gun charges in Texas, it is important to know that Texas criminal law requires the State of Texas to prove beyond a reasonable doubt that your gun or firearm charge goes to trial. Here is a brief summary of Texas gun ownership laws and a list of possible criminal defenses.

How To Beat Possession Of Firearm By Felon

How To Beat Possession Of Firearm By Felon

Who Can Carry a Gun Under Texas Law? Lets first review the requirements to freely carry a gun in Texas:

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To be eligible to carry a firearm without a license, you must meet the following requirements: must be 21 years of age or older; you must not have been convicted of the following offenses: Deadly Conduct, Assault Causing Bodily Injury, Terroristic Threats or Misdemeanor - Firing a Weapon or Pointing a Weapon; Possession or carrying of a firearm is not necessarily prohibited under federal law and possession of a firearm in a public place is not necessarily prohibited under Texas law.

The Firearms Control Act of 2021 was enacted and implemented on September 1, 2021 and amends previous gun control laws. Lets examine the differences:

Under Texas law, what is a gun? Firearm means any firearm designed, made, or adapted to be fired with one hand - Texas Penal Code 46.01(5)

Under Texas law, you only have two ways to carry a handgun: concealed with no visible part of the weapon or openly in a holster.

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What if you dont store the gun while open carry? If you do not leave your gun, you may face a charge of illegal possession of a weapon. The only exception to this rule is if you have a valid defense under Texas Penal Code Chapter 9.

One of the most dangerous issues surrounding open carry in Texas is the possibility that someone will take offense and say that gun ownership is scary. In general, under Texas criminal law, you cannot display a firearm in public in a manner designed to intimidate another. Many people call this marking the weapon.

Under Texas criminal law, if someone knowingly or intentionally displays a firearm or deadly weapon in a public place in a manner calculated to intimidate, you can be charged with disorderly conduct or deadly conduct. This is a confusing part of the law because its so focused on when you talk about when someone is shocked. Some people panic at the sight of any gun or weapon and may exaggerate what they see, which can lead to a wrongful or fatal arrest.

How To Beat Possession Of Firearm By Felon

, 573 S.W.3d 817 (Tex. Crim App. 2019) provided an explanation for applying the law to the facts by stating

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To be guilty of a misdemeanor under Penal Code Section 42.01(a)(8), a person must knowingly and knowingly possess a firearm in a public place in a manner known to him, subject to an objective standard to reason, to fear. . ordinary, ordinary man.

This new interpretation of the law is essential for your criminal defense attorney to develop an effective criminal defense strategy if you are charged with disorderly conduct or deadly conduct in Texas.

Previously, a license holders open carry firearm required that the firearm be carried on the shoulder or belt. Now, this is no longer necessary. Under Texas law, handguns that are openly carried by license holders and those that are carried in public under the authority of law, we are only required to have a holster, which can be a simple handgun worn. on your person or using a car box like a magnetic dash handle.

What happens when you have a gun and are drunk? Under Texas criminal law, if you are openly or concealed carrying a firearm and are intoxicated, you can be charged with unlawful possession of a firearm, a Class A Misdemeanor.

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It depends. If you have been convicted of a felony, Texas law prohibits you from owning a gun. If you have been convicted of Assault Family Violence (Class A Misdemeanor or Felony Family Violence within 5 years of the conviction), you are prohibited from possessing a firearm under Texas Penal Code 46.04(b). If you have an active order of protection placed against you, you are not allowed to carry a gun in a public place.

Some laws restrict where and when you can carry a gun, even if you have a permit. Here is a sample of the property and management rules, and penalties.

The Firearms Carrying Act of 2021 addresses the requirements for restricted areas under Texas law in Texas Penal Code 46.03. Under Texas criminal law, you are prohibited from carrying a firearm or other prohibited weapon in the following areas:

How To Beat Possession Of Firearm By Felon

Violation of this law is a third-degree felony, punishable by up to 10 years in prison and a fine of up to $10,000.

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Additionally, under the Firearms Control Act of 2021, if a private property owner posts a no firearms sign as stated in Texas Penal Code Section 30.05, if you enter the premises with firearms without a license, you can be charged with trespassing. .

It is permissible to carry a firearm on your property or under your control, or in a vehicle or vehicle owned or controlled by you. However, by law you cannot display it in a public place, commit a crime, be prohibited from carrying a firearm, or be a member of a gang.

A crime under this law is a Class A misdemeanor unless it occurs on a licensed premises, in which case it is a third offense, punishable by up to 10 years in prison and a fine of up to $10,000.

You may not knowingly display a firearm in a public place unless you are holding it in an authorized holster and the firearm is displayed in the hand. This is true in places of institutions of higher learning, places with liquor licenses, sporting events, correctional facilities, hospitals, places of entertainment, places of worship, or where government meetings are held. You cannot carry a firearm while intoxicated, even if it is holstered.

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Offenses under this law are Class A misdemeanors or felonies of the third degree. The exemption applies if the use of lethal force is justified.

People with prior convictions cannot legally own a firearm or body armor within five years of being released from conviction or probation.

If you are convicted of unlawful possession of a firearm by a felon, you can be found guilty and face up to 10 years in prison and a fine of up to $10,000.

How To Beat Possession Of Firearm By Felon

You may not legally sell, rent, lease, lend or give firearms to the following groups of people:

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If you are charged with a crime, law enforcement can confiscate your firearm. According to the code of criminal procedure, this is what happened next.

One thing you can do is claim your second amendment right to bear arms. Another common defense is unlawful search and seizure. If you defend yourself, the charges may be dropped again. You can apply for an exemption under certain circumstances, which you can explain to a skilled attorney.

It is illegal to carry a firearm in your vehicle when moving it from one location to another, as long as you are not intoxicated or in possession of an illegal controlled substance. If you have been arrested and charged with unlawful possession of a firearm, you must mount a legal defense to help clear your criminal record.

If you have been charged with disorderly conduct or deadly conduct in Texas based on the belief that your display of a weapon was intimidating or threatening, your aggressive and experienced criminal defense attorney can argue that the display of the gun was not justifiably mind-boggling. a person. In a jury trial, the prosecution must show beyond a reasonable doubt that you knowingly and intentionally displayed a firearm in a public place in a manner that you knew was likely, under and with a reasonable degree of to be reasonable, to scare an average, ordinary person . Failure to prove this standard beyond a reasonable doubt may result in a finding of not guilty and your case may be eligible for expungement of all records related to your firearm conviction.

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Whether you are facing a misdemeanor charge or a felony charge, an experienced Fort Worth defense attorney can help. An attorney who is up-to-date on current gun laws will give you the best chance of success. Contact us today to set up a free case review.

After receiving his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. Before becoming a defense attorney, he worked as an attorney.

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