Gun Possession Charges

Have you, a friend, or a loved one been charged with a crime involving gun possession in Houston, TX? You should contact a gun possession lawyer in Houston, TX to help you fight the case.

The Right to Own a Firearm is Subject to Certain Limitations

Our Second Amendment right to “keep and bear arms” is subject to the criminal laws of our State. In Texas, a person may own, and even carry a firearm on their person or in their vehicle. However, in certain situations it is considered a crime under Chapter 46 (“Weapons”) of the Texas Penal Code to be in possession of a firearm. Two of the most common gun possession charges that are filed under Chapter 46 are:

• Felon in Possession
• Unlawful Carrying of a Firearm by a License Holder
• Felon of Possession of a Firearm

In Texas, it is a crime for a person with a prior felony conviction to possess a firearm at any location other than their home. However, a person may only possess a firearm at their home after 5 years have passed since that person was convicted of a felony and released from confinement, probation, parole, or mandatory supervision – whichever date is later. This charge is a third degree felony, and the consequences of such a conviction are serious. It is important to contact an attorney that handles these types of cases to discuss your specific situation.

Unlawful Carrying of a Handgun by a License Holder

Even citizens licensed to carry a handgun may be arrested and charged with Unlawful Carrying of a Handgun. Common scenarios include being in possession of a handgun while being accused another crime, such as:

• Driving While Intoxicated;
• Possession of a Controlled Substance; or
• Possession of Marijuana.

This also includes carrying a handgun while in a place where handguns are prohibited such as high schools, professional sporting events, bars, hospitals, or financial institutions.