(512) 528-1900

Cedar Park & Round Rock Weapons Charge Lawyer

request consultation

When You Are Facing Weapons Charges

If you are facing weapons charges in Williamson County and the surrounding areas of Cedar Park and Round Rock, the first thing you should do is contact an attorney who understands the language of the law and is able to fight for you and your individual case.

Although the State of Texas has fairly liberal gun laws, you could face felony charges if you are found guilty of violating Texas gun and weapons laws.

What Does Texas Consider Weapons?

Texas law, in part, defines weapons as:

  • Club
    • Club: an instrument designed and adapted for purpose of inflicting bodily injury or death
  • Explosive Weapon
    • Explosive Weapon: any explosive or incendiary bomb, grenade, etc. designed and adapted for purpose of inflicting bodily injury, death, or substantial property damage
  • Firearm
    • Firearm: any device designed and adapted to expel a projectile through a barrel. A handgun is defined as a firearm that designed and adapted to be fired with one hand
  • Illegal Knife
    • Illegal Knife: a blade over five and one-half inches capable of inflicting bodily injury or death by cutting or stabbing
  • Knuckles
    • Knuckles: any instrument of finger rings designed and adapted for the purpose of inflicting bodily injury or death by striking a person with a fist enclosed in the knuckles
  • Armor-Piercing Ammunition
    • Armor-Piercing Ammunition: handgun ammunition designed primarily for the purpose of penetrating metal or body armor and used in pistols and revolvers
  • Chemical Dispensing Device¹
    • Chemical Dispensing Device: a device, other than a small dispenser sold commercially for personal protection, designed and adapted for the purpose of causing a detrimental psychological or physiological effect ¹

Illegally possessing a weapon can range from a Class A misdemeanor to a first-degree felony depending on many factors including your criminal history and the elements of the weapons charges against you. This is why you need the expertise of The Jackson Law Firm. They know the law and they can determine the strategy that best fits your individual case. They will fight to secure the best possible outcome for you.

Permission To Carry A Concealed Weapon And Open Carry

Beginning January 1st, 2016, Texas became an open-carry state but it is still illegal to carry a firearm without a license to carry. There are other reasons that you could be charged with a weapons violation even if you are licensed to carry a firearm.

Federal law prohibits any person convicted of a felony to own or carry a firearm for any reason or purpose for the remainder of their lives. This also applies to anyone who has ever been dishonorably discharged from the Armed Forces of any branch, as well as any person who is an illegal alien.

There are other stipulations set forth by Texas State laws regarding who may apply for a concealed weapons permit. The following are just some of the requirements necessary to obtain a license:

²

  • You cannot be chemically dependent
  • Can not be delinquent in child support payments or similar
  • Can not suffer from a psychiatric disorder or a similar condition
  • Five years preceding date of application, cannot have been convicted of Class A or Class B misdemeanor
  • No debts with state or political agencies or subdivision thereof ²

Possessing an illegal weapon and using that illegal weapon are different matters and subject to different penalties, and using a weapon to commit a violent crime will automatically increase any penalties.

Prohibited Places To Carry A Weapon

There are certain places where it is illegal to carry a firearm. The following are just a few examples of prohibited areas:

  • Schools or educational institutions unless authorized by the educational institution
  • Polling place on day of an election or when early voting is in progress
  • Property of any government, court, or offices utilized by the court
  • Secured area of an airport

There are also weapons transport violations, weapons sales violations and a host of other charges relating to weapons that might apply to a case.

Weapons Charge Penalties

The outcome of each case and the possible penalties that are invloved varies case to case, but the following are possible penalties as set forth by the law:

Class A Misdemeanors are the more common type cases and violations of Class A misdemeanors can carry penalties of up to one year in jail and-or fines of up to $4000.

  • Third Degree felonies are punishable by up to ten years in prison and-or a fine of up to $10,000.
  • Second Degree Felonies are punishable by up to twenty years in prison and-or a fine not to exceed $10,000
  • First Degree Felonies are punishable by confinement from five years to ninety-nine years in prison or life, and a fine not to exceed 10,000

The possession or use of a firearm during the commission of any crime intensifies the penalty and sentencing guidelines. Only an attorney can determine the penalties you face and devise the defense strategy to get you the least possible sentence and penalty in your case.

There are various ways someone can be accused of violating weapons laws and these are serious charges. Each case is unique and will vary depending on different elements present in the details and facts. If you are facing weapons charges, call the law offices of the Jackson Family Law Firm today. We serve all of Williamson County, including Cedar Park and Round Rock

[1]State of Texas Penal Code. (2017). TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS, CHAPTER 46. WEAPONS. Retrieved from http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm

[2]Texas Department of Public Safety – Regulatory Services Division. (2017). License To Carry A Handgun. Retrieved from https://txapps.texas.gov/txapp/txdps/ltc/