Weatherford Gun Lawyer
Like most states, Texas has laws in place that restrict gun possession, ownership, and usage. While Texas has a long history of supporting the 2nd Amendment to the U.S. Constitution, the state also has in place a number of laws that establish punishable offenses related to guns. To avoid running afoul of these laws, it is essential for all gun owners to be aware of all gun-related restrictions that currently exist in the state of Texas. If you have any questions or concerns about gun possession or usage, consult with an experienced Weatherford gun lawyer for advice.
Those facing gun-related charges may want to discuss their legal options with our dedicated defense lawyers. They could help build a strong defense and work to refute the charge. Schedule an appointment to start learning about potential legal solutions that could be effective for your case.
Gun Possession Laws in Weatherford
Texas gun possession laws closely mirror federal gun possession laws. For individuals who have felony convictions, it is a violation of Texas Penal Code Section 46.04 to possess a firearm at any time and at any location. Once five years have elapsed from the date of release from incarceration or community supervision, whichever is later, individuals can legally possess firearms, but only at their homes.
Violating this law is a felony of the third degree, with potential penalties of two to ten years in prison and up to a $10,000 fine. Likewise, individuals who have a previous Class A misdemeanor conviction for domestic assault cannot possess firearms for a five-year period after being released from incarceration or community supervision.
Individuals who are subject to protective orders, other than actively employed peace officers, also cannot possess a firearm as long as a protective order is in effect. Violation of these provisions is a Class A misdemeanor, which can result in a fine of up to $4,000 and a maximum one-year jail sentence, or both.
There also are locations where it is illegal to carry a gun under Section 46.03. Some of these locations include:
- Public and private schools
- Areas used for school purposes, such as field trip locations
- Polling places
- Secured airport areas
- In courts and governmental offices, except for authorized officials
Violation of this section is generally a felony of the third degree. Those who are unsure of the gun laws that relate to their situation should reach out to a Weatherford gun lawyer for a consultation.
Gun Purchase and Carry Laws
Except for individuals with certain criminal convictions outlined above, individuals do not need a license to purchase firearms and carry them in their home, vehicle, and watercraft, or while on the way from one such place to another.
However, individuals cannot openly carry a weapon in a vehicle or boat unless they have a handgun license. The license additionally requires individuals to keep the firearm in a holster or shoulder belt, according to Section 46.02. Violation of this law is a Class A misdemeanor.
Firearm Discharge and Display Laws
Under Section 42.01, it is considered illegal disorderly conduct to intentionally or knowingly:
- Discharge a firearm in a public place, other than a shooting range
- Display a firearm in a public place in a manner calculated to cause alarm
- Discharge a firearm on or across a public road
Discharging or displaying a firearm in a public place is a Class B misdemeanor, which carries up to a $2,000 fine and up to a 180-day jail sentence, or both. Discharging a firearm on or across a public road is a Class C misdemeanor, which carries a fine of up to $500. Speak with a gun lawyer in Weatherford and they could analyze the facts surrounding the case to help determine a person’s best course of legal action.
Consult with a Weatherford Gun Attorney for Advice
While individuals in Weatherford have rights under state laws to carry a firearm, there still are restrictions on when, where, and how you can carry a firearm. Fortunately, there are a number of defenses that may be available to you if you were accused of a gun-related offense.
For those who need help understanding gun laws and fighting the prosecution, a Weatherford gun lawyer may be instrumental in raising the appropriate defenses and working toward an effective resolution of your case.