League City Guns, Firearms & Weapons Offenses Lawyer
Texas is known for its strong stance favoring Second Amendment rights, but the state also has a series of criminal laws that regulate the carrying, possession, and use of firearms and other weapons. These laws, found primarily in Chapter 46 of the Texas Penal Code, establish specific offenses and penalties for violations, as well as certain exceptions. If you’re charged with a weapons-related crime, it’s critical to get advice and representation from a criminal defense attorney who understands the charges against you, the penalties you could face, and how to approach your case. In the Galveston Bay area, call on John Reed, Attorney at Law, for help from a League City firearm & gun offense lawyer with over 33 years of experience handling Texas criminal law matters.
Section 46.02 – Unlawful Carrying of a Weapon
This offense occurs when a person carries a handgun, illegal knife, or club without a license. In Texas, carrying a handgun is lawful under certain circumstances, such as with a License to Carry (LTC). However, carrying a weapon without a license or in a restricted area can lead to criminal charges.
- Penalties: This offense is typically a Class A misdemeanor, but it can be enhanced to a felony in certain cases, such as when the weapon is carried in a location where weapons are prohibited (e.g., schools or polling places).
- Defenses: Common defenses include having a valid license, carrying the weapon in your own home or vehicle, or being under certain protections (e.g., traveling or engaging in a lawful activity requiring a weapon).
Section 46.035 – Unlawful Carrying of Handgun by License Holder
Even with an LTC, there are restrictions on where and how handguns can be carried. This offense applies when a license holder carries a handgun in a manner that is prohibited by law.
- Penalties: Depending on the situation, this offense can range from a Class A misdemeanor to a third-degree felony.
- Defenses: Defenses may include challenging whether the license holder knew they were carrying in a prohibited area or whether the location had proper signage prohibiting weapons.
Section 46.04 – Unlawful Possession of a Firearm
Under Texas law, certain individuals are prohibited from possessing firearms, such as those convicted of a felony or family violence offense.
- Penalties: This offense is generally classified as a third-degree felony, which carries severe penalties, including up to 10 years in prison.
- Defenses: Potential defenses include challenging whether the individual was aware of their prohibited status or whether they actually possessed the firearm.
Section 46.041 – Unlawful Possession of Metal or Body Armor by Felon
This law prohibits convicted felons from possessing body armor, which is typically defined as any protective covering designed to stop bullets.
- Penalties: A violation of this section is a third-degree felony, punishable by up to 10 years in prison.
- Defenses: A key defense could involve questioning whether the person knowingly possessed the body armor or challenging the legality of the original felony conviction.
Section 46.05 – Prohibited Weapons
Certain weapons are illegal to possess under Texas law, including explosives, machine guns, short-barrel firearms, and silencers, unless registered under federal law.
- Penalties: This offense ranges from a Class A misdemeanor to a third-degree felony, depending on the weapon involved.
- Defenses: Defenses often include proving lawful possession under federal law or demonstrating that the item in question doesn’t meet the legal definition of a prohibited weapon.
Section 46.06 – Unlawful Transfer of Certain Weapons
This offense occurs when a person knowingly sells, leases, or gifts a firearm or other prohibited weapons to individuals who are not legally allowed to possess them, such as minors or felons.
- Penalties: This offense is typically a state jail felony or a third-degree felony, depending on the circumstances.
- Defenses: Defenses may include a lack of knowledge about the recipient’s legal status or proving that the transfer was lawful under specific exemptions.
Section 46.08 – Hoax Bombs
This offense involves knowingly making, possessing, or transferring a hoax bomb with the intent to cause fear or alarm.
- Penalties: This offense is a Class A misdemeanor.
- Defenses: A possible defense is proving that there was no intent to cause alarm or fear.
Section 46.09 – Components of Explosives
It is illegal to knowingly possess components of explosives with the intent to construct an explosive device.
- Penalties: This offense is classified as a third-degree felony.
- Defenses: Defenses could include lack of intent or lawful possession for legitimate purposes.
Section 46.10 – Deadly Weapon in Penal Institution
This law prohibits inmates from possessing deadly weapons in correctional facilities.
- Penalties: This is a third-degree felony offense.
- Defenses: Defenses may include a lack of knowledge of possession or proving the item does not meet the definition of a deadly weapon.
Section 46.13 – Making a Firearm Accessible to a Child
This offense applies when a firearm is left accessible to a child under 17, and the child uses the firearm unlawfully.
- Penalties: This is a Class C misdemeanor but can elevate to a Class A misdemeanor if the child discharges the weapon and causes death or serious injury.
- Defenses: Defenses may include proving that the firearm was properly secured or that the child accessed the firearm without the owner’s knowledge.
Section 46.14 – Firearm Smuggling
This offense involves knowingly engaging in the illegal transportation or smuggling of firearms.
- Penalties: Firearm smuggling is a third-degree felony but can be elevated to a second-degree felony if more than three firearms are involved.
- Defenses: Defenses may involve a lack of knowledge of the smuggling operation or challenging whether the transportation qualifies as smuggling under Texas law.
Places Weapons Are Prohibited: Section 46.03
Section 46.03 outlines specific locations where carrying weapons is strictly prohibited, including:
- Schools and educational institutions
- Polling places during elections
- Courts and government buildings
- Places of worship
- Airports
Violating this law can lead to enhanced penalties, particularly in places deemed especially sensitive, such as schools or polling locations.
Weapon-Free School Zones: Section 46.11
A weapon offense committed within a 300-foot perimeter of school premises is subject to enhanced penalties. This law aims to protect children and educators by creating stricter regulations around school zones. Offenses committed in these zones typically result in increased charges, fines, or sentencing.
Exceptions: Section 46.15
Certain individuals and situations are exempt from the prohibitions under Chapter 46. These exemptions often apply to:
- Law enforcement officers
- Military personnel
- Licensed security guards
- Individuals legally possessing firearms under federal laws
Contact Attorney John Reed for Strategic and Effective Defense Against Weapon Charges in League City
Weapons offenses in Texas are serious and carry substantial penalties. If you face charges under Chapter 46 of the Texas Penal Code, it’s important to work with an experienced criminal defense attorney to explore all possible defenses and ensure your rights are protected. Contact League City gun & firearm crime lawyer John Reed, Attorney at Law, at 281-928-8228 for a free consultation.