Understanding Texas Weapons Charges

Texas concealed weapons laws — and the new open carry law — are often the source of dispute in a criminal weapons offense. Many individuals can be confused about the unauthorized use of a handgun, or the rules regarding lawful possession of a handgun with a valid license. Misunderstandings about Second Amendment rights can lead to complex legal challenges for gun owners. However, guns are not the only source of legal problems for individuals in Collin County and throughout North Texas.

Texas Law Prohibits A Range Of Weapons

Violent crimes often receive a great deal of media attention. These high-profile cases generate commentary from pundits and frequent responses from state lawmakers. In some respects, the Texas legislature has chosen to focus on weapons to address violent crime, balancing Second Amendment and self-defense rights with prohibitions involving weapons. A weapons offense carries some very serious criminal consequences.

Individuals walking through a flea market may unwittingly decide to purchase a weapon that is prohibited under Texas law. A nonexhaustive list of prohibited weapons includes:

  • Brass knuckles
  • Nunchucks
  • Switchblade knives
  • Butterfly knives
  • Machine guns, zip guns and short-barreled rifles

Often the weapons are discovered by law enforcement during a simple traffic stop or some other encounter with an individual, leading to serious weapons charges, which include:

  • Unlawfully carrying a weapon (UCW)
  • Possession of a prohibited weapon
  • Felon in possession of a firearm
  • Unlawful discharge of a firearm
  • Using a weapon in the commission of a crime
  • Unlawful sales of a weapon

At Terri Daniel, Attorney at Law, PLLC, I take defending against weapons charges seriously. A simple misunderstanding about the state of the law, an error in judgment or other adverse circumstances leading to a weapons charge require the detailed attention of an aggressive criminal defense lawyer to protect your rights.

Detailed Analysis From A Former Prosecutor

I take the time to analyze every aspect of the case, beginning with the procedures and methods police used to search for a weapon. I review that type of alleged weapon itself to challenge overzealous prosecution. More importantly, I work directly with clients to ensure they understand all aspects of the case. My criminal defense practice is founded on full and fair communication with my clients. When you team up with me to stand up to the government, you will have the ability to make informed decisions to have a real say in your defense.

With the new open carry laws that took effect in 2016, many people who intend to remain law-abiding citizens and want to exercise their Second Amendment rights to carry a firearm may be surprised with a weapons offense. Despite the existence of the new open carry laws, a gun license is still necessary to lawfully carry a holstered handgun (a current CHL remains valid for open carry). Moreover, restaurants and other businesses may opt-out, prohibiting weapons with valid 30.06 and or 30.07 signs.

Start Your Criminal Defense With A Free Consultation

If you are accused of unlawful gun possession or another weapons offense in McKinney, Frisco, Plano or surrounding communities in North Texas, I urge you to arrange a free consultation to discuss your case. Contact me online or call (469) 519-2739. My goal is always to obtain the most favorable outcome possible through a vigorous criminal defense.