A Guide to Unlawful Firearms Possession Charges


Although Texas has liberal open carry laws, the state prohibits citizens from carrying a gun if they’ve been convicted of a violent felony like robbery, murder or aggravated assault. The state also forbids firearm ownership for those under domestic violence protection orders.

Things to Know About Prohibited Possession of a Firearm

A person is not allowed to possess firearms if they’ve been convicted of a felony such as:

  • Voluntary/involuntary manslaughter with reckless firearm use
  • Murder
  • Aggravated assault
  • Stalking
  • Having a weapon on school grounds
  • Arson
  • Kidnapping
  • Robbery
  • Impersonating a police officer
  • Burglary
  • Unlawful firearm sales

People Who Can’t Own Guns

Some groups prohibited from owning firearms are:

  • Those running from the law
  • People convicted of severe drug crimes
  • Those found incompetent or those who are involuntarily sent to a mental health institution
  • Illegal aliens
  • A person dishonorably discharged from the military
  • Someone who is named in a PFA (protection from abuse) order

A person has time after a conviction to transfer or sell his or her firearms. Being convicted of unlawful gun possession is considered a felony; those carrying guns after a PFA face first-degree misdemeanor charges.

How to Handle Charges

If someone faces weapons possession charges, they should call a Houston lawyer like Aaron Perry as soon as possible. As with other charges, clients should not talk to the prosecutor or the police without an attorney. Everything a person says can be used against them in court, and clients should politely refuse to answer questions until they talk to a lawyer.

What an Attorney Can Do

A lawyer will examine issues such as those listed below:

  • Whether the client is actually prohibited from owning a gun
  • Whether the person actually owns the firearm
  • If the police had a reason to look for weapons

An attorney will look at all possible avenues, and it’s important for clients to give them all the information necessary to support the case. When a person faces charges for illegal firearm possession, they face determined prosecutors. Therefore, they need a defense lawyer who can concisely explain their legal options and help them achieve a favorable outcome.

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