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
- Aggravated assault
- Having a weapon on school grounds
- Impersonating a police officer
- 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.