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2019 Texas Gun & Weapon Charges

Dallas Gun and Weapon Charges Attorneys

The Second Amendment protects an individual’s right to own handguns and other firearms. Dallas Weapon and Gun Attorneys, like Kraft & Associates are experts in understanding your rights related to gun laws. However, even in traditionally gun-friendly states like Texas, there are still laws on the books regulating – and in many cases restricting – the ownership and use of such weapons. 

If you find yourself facing a gun or weapons charge, you should always consult with a knowledgeable attorney about your legal rights. There are many defenses to such charges, and at Kraft & Associates, P.C., our experienced Dallas gun and weapon charges attorneys will fight to protect your rights and your freedom.

Contact us now to schedule a consultation so we can discuss the specifics of your case.

What Are Weapons Cha

There are a number of potential legal pitfalls when it comes to gun laws in Texas. Some of the more common types of deadly weapon charges we assist clients with at Kraft & Associates, P.C., include:

  • Illegal possession of a firearm – Texas is a “shall issue” state when it comes to handgun licenses. This means the state must allow any eligible person to carry a concealed handgun. However, you can be charged with a crime if you are an ineligible person found in possession of a gun or weapon, e.g., you have a prior felony conviction or are subject to a court-issued restraining order.
  • Illegal sale, manufacture, or transportation of weapons – Even when it is legal for you to possess guns and weapons, you are still subject to rules governing the sale, manufacture, or transportation of such items. For example, it is a crime in Dallas to sell or give a weapon to someone you know is not allowed to possess a handgun.
  • Bringing a gun to a prohibited place – “Open carry” does not mean you can take your gun everywhere. To the contrary, Texas law prohibits weapons in a number of places, including most educational institutions, polling stations on election day, racetracks, the secured areas of airports, health care facilities, courthouses, prisons, and places of worship.
  • Illegally discharging a firearm – There is a critical difference between the right to carry a deadly weapon and the right to discharge it. If you fire a gun in most public places without a legitimate reason – e.g., self-defense – you can be charged with disorderly conduct. In the City of Dallas, that is a Class A misdemeanor.
  • Using a gun in the commission of another crime – The Texas Penal Code provides for a number of “aggravated” offenses, such as aggravated robbery. One factor that may lead to an aggravated charge is whether the defendant carried a gun at the time of the alleged offense. This means you may face additional jail time for a particular crime if you had a gun with you, even if you never actually used it.

Which Weapons Are Illegal to Possess in Texas?

It is also important to understand that not all weapons charges involve guns. There are many other kinds of weapons that a person is not allowed to possess or use in Dallas. Texas law actually lists several categories of prohibited weapons and ammunition, which include:

  • Brass knuckles
  • Armor-piercing bullets
  • Zip guns
  • Machine guns
  • Tire deflation devices
  • knifes

You can be charged with a crime if you are found possessing, transporting, selling, or even repairing such weapons.

Common Defenses to Weapons Charges

Every criminal case is unique. The Dallas gun and weapon charges attorneys at Kraft & Associates, take the time to carefully review the facts of each case before advising our clients on defense strategies.

However, here are some examples of common defenses to weapon charges in Texas:

  • Illegal search and seizure – Law enforcement must follow certain constitutional rules when searching a suspect or their property, such as their car or house, for illegal weapons. If the police conduct an illegal search, any weapons they did recover are considered inadmissible as evidence against you in a criminal trial.
  • Lack of intent or knowledge – You normally have to “intentionally” or “knowingly” violate a weapons law to be convicted of a crime. In other words, if you are charged with illegal possession of a gun recovered from your house, you can argue that you had no knowledge of its presence as a defense.

What Are the Self-Defense Laws in Dallas?

In cases where someone uses a gun or weapon to kill, the shooter may argue they acted in self-defense under Texas’ “stand your ground” law. Also known as the “castle doctrine,” this refers to a portion of the Penal Code that permits a defendant to argue “justification” of what would otherwise be a criminal act. But keep in mind, the burden is on the defendant to prove his or her actions were justified. 

Under the law, using deadly force is only justified when the following conditions are met:

  • The defendant had a “reasonable belief” that the use of deadly force was immediately necessary.
  • The defendant had a legal right to be on the property where force was used.
  • The defendant did not provoke the victim of the deadly force.
  • The defendant was not committing another crime at the time of the shooting.

Even when you know a shooting was a justified act of self-defense, you could still be arrested and charged with a crime. This is why it is important to contact an experienced gun charges attorney as soon as you are questioned by police about any incident involving the discharge of a firearm. 

At Kraft & Associates, P.C., we know how to handle these situations, and we can help you present your self-defense argument in court.

Talk to a Dallas Criminal Defense Lawyer Now

Understanding Texas gun laws is not a simple task. In addition to the various state laws, there are also federal statutes and even Dallas municipal regulations that can come into play in these types of cases. It is therefore imperative to have a skilled defense attorney on your side if you have been charged with a gun-related crime.

The Dallas gun and weapons lawyers at Kraft & Associates, P.C., are here to help.

Contact us today to schedule a meeting with one of our lawyers so we can talk about the specifics of your case and how we can protect your rights.

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