Individuals charged with misdemeanor or felony weapon or firearm offenses in Texas may not have realized they were committing an illegal act. For example, certain individuals who have a protective order in place against them or individuals previously convicted of felony offenses are not permitted to own or possess any weapon.
Firearm and weapon offenses can result in serious penalties and repercussions, including jail or prison sentences, a criminal record and/or fines.
If you have been charged with a weapon or gun offense in Texas, however, your alleged offense does not have to result in a conviction. The state prosecutor is required to prove beyond a reasonable doubt you committed every element to the criminal offense. Therefore, if they fail to prove one part of the crime, your charges could be reduced or even dismissed. Therefore, it is essential to hire an experienced criminal defense attorney in Georgetown to represent your best interests.
Georgetown Firearm/Gun Charges Lawyer
If you have been charged with any firearm, weapon or gun offense in Georgetown, or any of the surrounding areas in Round Rock, Cedar Park, Leander, Taylor, Hutto, Killeen, Temple, Belton or Harker Heights, contact Price & Twine, PLLC. Attorney Michael J. Price is knowledgeable in all areas of Texas’ weapon offense laws and will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense.
Call Price & Twine, PLLC for a free consultation at (512) 354-1880 about your weapon crime allegations.
Georgetown Firearm and Weapon Information Center
- Definition of a Firearm or Weapon in Texas
- Georgetown Firearm and Weapon Offenses
- Texas’ Concealed Weapon Carry Laws
- Penalties for Firearm, Gun and Weapon Charges in Georgetown
- Resources in Georgetown for Firearm and Weapon Charges
According to Tex. Penal Code § 46.01, prohibited weapons and firearms can include any of the following:
- An explosive weapon,
- Machine gun,
- Short-barrel firearm,
- Firearm silencer,
- Switchblade knife,
- Armor-piercing ammunition,
- Chemical dispensing device,
- Zip gun,
- Bowie knife,
- Spear, and/or
- Illegal knife.
Weapons or firearms are prohibited in many places throughout Texas and can result in a criminal penalty if an individual knowingly carries a weapon in any of the following places without permission to do so:
- At a school,
- At a polling place on an election day,
- At a racetrack,
- At court, and/or
- At the airport.
Anyone who is charged with the following offenses could face severe repercussions if they are convicted in Texas:
Unlawfully Carrying a Weapon – Tex. Penal Code § 46.02 – An individual can be charged with this offense if they intentionally, knowingly or recklessly carry a weapon with them when they are not on their own property or in their own car. This offense can result in a conviction of a Class A misdemeanor or a felony of the third degree.
Unlawfully Carrying a Firearm – Tex. Penal Code § 46.02(a-1) – An individual can be charged with unlawfully carrying a handgun if they intentionally, knowingly or recklessly carry on their body or in their car a handgun:
- That is in plain view,
- If the individual is engaged in criminal activity,
- If the individual is prohibited from possessing a firearm, or
- If the individual is a member a criminal street gang.
- This offense is generally punishable as a Class A misdemeanor or a felony of the third degree.
Unlawful Possession of a Firearm – Tex. Penal Code § 46.04 – An individual can be charged with this offense if they possess a firearm and:
- Are a convicted felon in possession of a firearm before the fifth anniversary of their release from confinement;
- Have been convicted of domestic assault and possess the firearm before the fifth anniversary of their release from confinement or release from community supervision; or
- Is an employee of the state, is under the order of a protective or restraining order and they possess the firearm before the order expires.
- A conviction for this offense is generally punishable as a Class A misdemeanor or a felony of the third degree.
Additionally, an individual can be charged with an aggravated offense if they possess a weapon during the commission of the offense. Aggravated offenses can result in increased penalties and punishments. Common examples of aggravated offenses can include are:
According to Chapter 411 of the Texas Government Code, an individual in Texas is permitted to carry a handgun in a public place, other than an establishment that sells alcohol, as long as they are 21 years old and haven’t been convicted of certain offenses. These rules have been recently changed due to HB 1927 passing in 2021.
You will not be able to exercise your right to constitutional carry if you were convicted of one of the following within the last five years of September 1st, 2021.
- Domestic Assault
- Deadly Conduct
- Making a Terroristic Threat
- Discharging a Firearm in Public (Disorderly Conduct)
Thanks to HB 1927 passing, individuals who were convicted of unlawful carry before September 1st, 2021 can expunge their records.
Under Chapter 12 of the Texas Penal Code, an individual can receive the following penalties if they are convicted of a weapon, gun or firearm offense. However, these penalties can increase depending on where the offense occurred, the type of offense committed, whether the alleged offender has a previous criminal history, and/or miscellaneous various factors.
- Weapons offenses that are Class B misdemeanors can result in a jail sentence up to 180 days and/or a fine not more than $2,000.
- Weapons offenses that are Class A misdemeanors can result in a jail sentence up to one year and/or a fine not more than $4,000.
- Weapons offenses that are state jail felonies can result in a jail sentence ranging from 180 days to two years and/or a fine up to $10,000.
- Weapons offenses that are third-degree felonies can result in a prison sentence ranging from two to ten years and/or a fine up to $10,000.
- Weapons offenses that are second-degree felonies can result in a prison sentence ranging from two to 20 years and/or a fine up to $10,000.
- Weapons offenses that are first degree felonies can result in a prison sentence ranging from five to 99 years or life and/or a fine up to $10,000.
Texas Department of Public Safety – Concealed Handgun Licensing – This Texas governmental department permits in individuals to apply for a concealed handgun in Texas on this website and regulates who is administered a concealed handgun in the state. This link provides access to more information about licensing and eligibility: Texas Concealed Handgun Program.
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) – This national law enforcement agency is responsible for protecting the nation’s citizens and local communities from the illegal use and trafficking of firearms, acts of terrorism, violent crimes, criminal organizations, and illegal use of alcohol and tobacco.
National Rifle Association – This national association is dedicated to advocating for every citizen’s Second Amendment right to bear arms, in addition to encouraging responsible civilian firearm education throughout the nation. This organization is also commonly known as the NRA.
Price & Twine, PLLC | Weapon Charges Attorney
Contact Price & Twine, PLLC today for a consultation about your alleged weapon or handgun offense throughout Williamson County in Texas. Michael J. Price is an experienced Georgetown criminal defense lawyer who will make every effort to achieve the best possible outcome in your situation.
Contact Price & Twine, PLLC at (512) 354-1880 for a consultation about your firearm or gun charges throughout Williamson County and Bell County in Texas.