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:


  1. Felon in Possession

  2. 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:


  1. Driving While Intoxicated;

  2. Possession of a Controlled Substance; or

  3. 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.


Possession requires Knowledge


Many times people are wrongfully accused of gun possession charges because the person was unaware of the presence of the firearm. It is important to consult with a gun possession lawyer and discuss the specific facts of a case.


If you or your loved one in Houston has been charged with a gun possession crime, you should contact an experienced Houston criminal defense lawyer before making any statements to police, investigators, or anyone about the facts of the case. These statements will likely be recorded and used by the government in prosecuting the case.

For more information about a specific case, you should contact a criminal lawyer in Houston that handles gun possession charges to see what legal and factual defenses are available to you.


NOTE: This information is not intended to be legal advice and is merely used for general educational purposes. For legal advice about a specific case call Houston criminal defense attorney Brandon R. Cammack at 713-300-9291 or schedule a free consultation online.

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