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New Braunfels Weapons Charge

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Texas law and federal law have several weapons offenses. Commonly charged weapons offenses include:

  • Unlawfully carrying a weapon
  • Discharging a firearm in a public place or in certain municipalities
  • Felon in possession of a weapon
  • Possessing or selling prohibited weapons
  • Carrying a weapon into a restricted area like an airport
  • Carry or Use of a Firearm During Violent or Drug Crime
  • False Statement to Firearms Dealer

Punishments for weapons cases can be severe. Recently, to stem the tide of firearms going from the United States to Mexico for use in the drug trade, the government has increased prosecutions for “straw man” purchases or when someone buys a firearm for someone else.

Fortunately, weapons cases give rise to several defenses.

I Can Help

Contact me for a free case review if you are charged with a weapons crime in Comal County or other Central Texas counties such as Hays County, Guadalupe County, Travis County, or Bexar County.

Some Defenses to Weapons Cases

Often, a criminal defense attorney can challenge the search and seizure of the weapon. If the arresting officer did not have a constitutionally permissible reason to detain and search you when he found the weapon, your case might be able to be thrown out.

For example, if an officer stops you in your car and finds an illegal weapon, but the officer did not have cause to stop your vehicle, the evidence seized (e.g., the weapon) can be excluded.

Another defense against weapons cases is possession. Sometimes the government may be unable to prove the weapon was in your care. For example, if you share a house with other roommates who store firearms, the government will have to link the weapon to you.

Unlawfully Carrying a Weapon: Texas Penal Code Section 46.02

In 2007, the Legislature made an important change to this Texas law. A person in Texas may carry a handgun in their car if he meets specific requirements.

The requirements are: the handgun cannot be in plain view, and the person cannot be engaged in any criminal activity. The State cannot prohibit the person from carrying a weapon by any other law, but the person cannot be a member of a criminal street gang.

The overall effect of this law is that many Texans can now carry a concealed firearm in their vehicle without a concealed handgun license.

Unfortunately, the law has not filtered down to many police officers. I still see arrests for citizens lawfully carrying a weapon in their vehicle.

I Can Help

Contact me for a free case review if you are charged with a weapons crime in Comal County or other Central Texas counties such as Hays County, Guadalupe County, Travis County, or Bexar County.

 

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