Fort Worth Weapons Defense Attorney
A Former FBI Agent with 20+ Years of Criminal Justice Experience Protecting Your Firearm Rights
While you have the right to use and possess a firearm in Texas, there are certain federal laws in place that prohibit gun ownership and use for some individuals, such as convicted felons. The Shipley Law Firm, PLLC can help you better understand the weapons laws relevant to your situation, as well as advocate for your right to gun ownership in the face of criminal charges. Whatever weapons-related legal predicament you are dealing with, let Mr. Shipley help. As a former FBI agent with more than 20 years of criminal justice experience, he is well-equipped to resolve your case and protect your rights as best as he can.
Contact The Shipley Law Firm, PLLC for a free initial consultation to get started. Serving Tarrant County.
Unlawful Possession of a Firearm in Texas
The State of Texas is a hard advocate for your constitutional right to carry and possess a gun. However, there are certain situations when it is illegal to possess a firearm. According to Texas law, it is unlawful to possess a firearm under any of the following circumstances:
- There is a restraining order against you. You may not possess a firearm for the duration of a protective or restraining order against you, such as in the case of family violence protective orders.
- You have a domestic violence conviction. You cannot possess a firearm within 5 years of release from jail or community supervision if you have been convicted of a Class A domestic violence crime.
- You are a convicted felon. Convicted felons in Texas may not possess a gun for at least 5 years following their conviction.
Unlawful possession is a Class A misdemeanor punishable by up to 12 months in jail and up to $4,000 in fines. In serious situations, unlawful possession might be charged as a third-degree felony punishable by up to 10 years in prison and up to $10,000 in fines.
Texas’ Unlawful Carry Rules
Texas also has a legal statute addressing unlawful carry, or UCW (unlawfully carrying a weapon). More specifically, the law says that a person commits a UCW offense if they intentionally, knowingly, or recklessly carry on their person a handgun in a motor vehicle or watercraft they own or are in control of at the time while:
- engaged in criminal activity other than a Class C misdemeanor;
- legally prohibited from possessing a firearm; or
- serving as a member of a criminal street gang.
The penalties for a UCW offense will range, depending on the severity of the offense. Generally, unlawfully carrying a firearm or a club is a Class A misdemeanor punishable by up to one year in jail and a $4,000 fine. However, carrying in certain areas like premises licensed to sell alcoholic beverages could constitute a third-degree felony punishable by 2-10 years in prison and up to $10,000 in fines.
On the other hand, some UCW offenses may be punished more leniently, such as a minor under the age of 18 possessing a knife longer than 5.5 inches, which is a Class C misdemeanor punishable by a $500 fine.
If you have been accused of a weapons offense, such as unlawful possession of a firearm as a felon or unlawful carry of a dangerous weapon, do not hesitate to contact an experienced defense lawyer for next steps. Mr. Shipley is a former law enforcement officer with over 20 years of criminal justice experience, so he knows how to handle your case from a multi-faceted perspective. He will do his best to protect your firearm possession rights while also getting you out of your legal predicament.
Schedule a free initial consultation with The Shipley Law Firm, PLLC for more information today. An attorney will return your call within 24 hours.