Facing Weapon Charges In Brazoria County, TX?
There are a number of different reasons a person can be arrested for law violations involving weapons. The most common weapon/firearm related criminal offenses involve persons unlawfully carrying a weapon, possession of illegal weapons, unlawfully discharging a firearm, and, of coarse, the use of a firearm during the commission of a criminal act.
If you’re facing criminal charges of this kind, Brazoria defense lawyers Tad Nelson & Amber Spurlock are on your side and ready to help.
Your 2nd Amendment Right to bear arms in Brazoria County, Texas is important to the Law Offices of Tad Nelson & Associates. If we find that your Constitutional rights were violated, there is a high likelihood that we’ll win for you in court. However, in many instances, the 2nd Amendment of the Constitution of the United States is often an item of ridicule, and likely best left out of courtroom.
Understanding Firearms & Texas Law
Texas laws related to weapons aren’t limited to automatic rifles and other firearms, but also include items like nun-chucks, large knives, swords, and other items not commonly owned by the average person as is the case with traditional firearms. The list below should give you an idea of weapons that are illegal to possess in the State of Texas barring some special circumstance.
- Bombs & Explosives
- Dynamite, M80’s or stronger fireworks, Grenades, Rockets, Rocket Launchers
- Machine Guns
- Military Ordinances
- Sawed Off Shotguns and Other Sawed Off Firearms
- Double Edged Knives
- Single Edged Knives of Over 5½ Inches.
- Clubs, Baseball Bats, and other measures than can be used for striking and causing serious harm.
- Switchblade Knives & Brass Knuckles
Unlawfully Carrying A Weapon
If a person owns a firearm that is legal in Texas, but doesn’t not hold a CHL, they can be charged with unlawfully carrying a weapon if its carried/concealed on their person.
However, if the firearm is in a vehicle, and out of reach of the owner, this does not constitute unlawfully carrying a weapon. So, for example, if you own a firearm, you do not violate Texas gun laws by transporting a weapon in a vehicle, unless it is within your immediate reach.
Criminal Penalties for Weapon Charges in Texas
If a person is convicted in the court of law for the possession of a switchblade knife or brass knuckles they’ll face punishment for a Class A Misdemeanor which carries penalties of a jail sentence of up to 1 year in addition to a fine of up to 4,000.00.
All other weapon charges will be classified as 3rd Degree Felony offenses which carry criminal penalties that range from 2-10 years prison, and a fine of up to 10,000.00.
More Info on Weapons & Texas Law
There are also a number of other points worth discussing when it comes to Texas laws & weapons. Listed below are a few details that our legal team felt it pertinent to share for information seekers who may be perusing this page.
- It is unlawful for a convicted felon to possess any kind of firearm unless 5 years has passed since their prison release and/or completion of probation/community supervision requirements. Afterwards, they may only possess a firearm at home.
- Selling/giving/loaning a gun to a person who doesn’t lawfully qualify to own a it is a Class A Misdemeanor criminal offense.
- Selling/giving/loaning a gun to a minor without their parent’s permission is a State Jail Felony offense.
- If you’re charged with leaving a loaded firearm in the reach of a child you’ll face prosecution for a Class C Misdemeanor. If someone is killed/injured as a result of this action, you’ll face prosecution for a Class A Misdemeanor.
- Without a Concealed Handgun License there are a few freedoms you can enjoy in Texas;
- You’re allowed to carry your firearm to your vehicle.
- You’re allowed to transport your firearm in your car, as long as it is out of reach and out of plain sight.
- You’re allowed to carry your weapon on your property, home, or business.
- There are a number of restrictions on CHL holders as well. They include a prohibition on carrying their weapon where alcoholic beverages are sold, churches, hospitals, polls on election days, court houses, amusement parks, sports events, or at government functions. Doing so may result in serious criminal charges.
Call Brazoria Lawyer Tad Nelson
If you’ve been accused a weapon/firearm related offense, and you need to talk with, or retain, an experienced criminal defense lawyer to represent you on the charge, the Law Offices of Tad Nelson & Associates will stand by your side and fight for a welcomed outcome from the Brazoria County Court.
Our phones are always answered. Board Certified® criminal law expert Tad Nelson will oversee your case, if he doesn’t handle it himself.