Houston Gun Crime Lawyer

Houston Gun Crime Attorney

Carrying a firearm is a long-held right protected by the U.S. Constitution. The Second Amendment speaks of every American citizen’s right to keep and bear arms. In Texas, the right to carry is protected and even encouraged in some areas. However, that doesn’t mean that guns are entirely legal. Anyone could be charged with a gun crime, and if it happens to you, you need to take the proper steps to protect yourself and hire a Houston gun crime lawyer.

Houston has an extensive history of lawful gun ownership and respected gun rights. In many ways, the lawful ownership of handguns and other firearms has only increased in recent years, as Texas’ open carry law gave more rights to registered, lawful gun owners in 2015. Yet, Houston does impose restrictions and hefty criminal penalties on individuals that abuse legal gun ownership or attempt to illegal possess a weapon.

These gun-charges are often misdemeanors in Houston but can lead to a year sentence in county jail and a substantial fine. A Houston Gun-Charges Lawyer is your best resource when charged with these crimes.

Houston Gun Charge Lawyer in Texas

In general, Houston and the State of Texas have long supported the right of individuals to carry guns and other firearms for the purpose of protection and safety. There are laws permitting the right to openly carry a registered gun, except where expressly prohibited by a property owner, which may include the government.

Despite the latitude provided to legal gun owners in Texas, there are still strict criminal laws that can result in gun-charges in Houston or Harris County. The most common gun-charges in Houston include:

• Illegally carrying or possessing a weapon;
• Unlawfully discharging a weapon;
• Carrying or possessing a weapon on the property where it is specifically prohibited;
• Failing to obtain a carry license, when applicable;
• Carrying a weapon as a convicted felon; and
• Use of a gun in the commission of a separate crime.

If you are charged with a crime for any of these actions, a Houston gun-charges lawyer can aid in your defense. Our team at Greco Neyland in Houston is ready to start your defense today.

What are the gun criminal laws in Houston, Texas?

Gun-charges in Houston is considered a crime against the public health, safety, and morals within the Texas Penal Code. The purpose of the criminal defense lawyer is keeping all people of Houston safe and secure, without impeding on anyone’s Second Amendment right.

While Texas provides licensed and legal gun owners with extensive rights, the restrictions on illegal possession, carrying, and use of a firearm, handgun, or other weapon are serious. Similar to drug charges in Houston, Texas, there are several different statutes impose limits on who, when, and where a gun and use of a gun are legal.

• Unlawful carrying weapons: Under Section 46.02 of the Texas Penal Code it is illegal to intentionally, knowingly, or recklessly carry a handgun, if the individual is not on his or her own property, on property that is within the individual’s control, or en route to a motor vehicle or watercraft owned by the individual.
• Unlawful possession of a firearm: Under Section 46.04 anyone convicted of a felony or domestic assault is forbidden from possessing a firearm, of any type and whether or not it is properly registered, for five years following a conviction of these offenses.
• Prohibited weapons: In Texas, certain weapons are prohibited. The possession of these firearms and handguns results in serious gun-charges in Houston, Texas. The prohibited weapons in Section 46.05 of the Texas Penal Code include explosive weapons, machine guns, short-barrel firearm, and firearm silencer. There are limited exceptions to these prohibitions, such as having the item classified as a curio or relic by the United States Department of Justice.
• A firearm accessible to a child: It is a criminal offense to allow a child access to a readily dischargeable firearm when the firearm owner didn’t take reasonable steps to secure the firearm or left the firearm in a place where it was known a child could access it. This is an offense whether or not the child uses the firearm or causes any damage.

Weapons Offenses

It doesn’t take much for a situation to escalate beyond fisticuffs before weapons are brandished. Harris County prosecutors come down hard on defendants charged with a weapon offense. They seek convictions mercilessly in order to brand you a “violent criminal” for life.

Whether you were charged with using a weapon against someone, threatening someone with bodily injury with a weapon, or merely charged with possessing a weapon, you need to get quality representation fast.

Like most criminal cases, the early investigation is absolutely critical. Often times a witness statement will prove to be vital later on in the case. However, in order for that to help you on your case you need to have a criminal defense lawyer who will actually fight for you and obtain these witness statements to assist in your defense.

Don’t wait any longer before you take action on your case. Call a weapons defense lawyer immediately at 1-713-972-1100 and get us on your case today before you get convicted and labeled a “violent” offender.

FAQs

Q: Can You Carry a Gun in Texas Without a License?

A: Yes, you can carry a gun without a license in Texas. In 2021, the Texas Legislature passed a permitless carry law that allows Texans to carry handguns without the need for a license. You can carry it openly, or you can carry it concealed. However, just because you can carry a gun without a license, this doesn’t mean you can do whatever you want with the gun. First-time applicants must still go through classroom training and pass a written exam.

Q: What Are the Rules for Owning a Gun in Texas?

A: Texas gun laws are fairly favorable toward Texas citizens, with the state having few laws regarding possession of a firearm regardless of age. Essentially, the following restrictions exist regarding gun ownership in Texas:

• You have to be at least 21 years old to own a gun as per federal law and 18 or older to legally buy a gun in Texas, but Texas allows for parental consent to allow for gun sales to minors.
• A person of any age can possess a gun at a firing range.

Q: Can I Legally Carry a Gun in My Vehicle in Texas?

A: Yes, you can legally carry a gun in your vehicle in Texas. As long as the vehicle in question is under your control, you can legally keep a handgun in that vehicle. However, you must also be legally allowed to own and carry a handgun under both state and federal law. In addition, you can store the gun in plain view if you are at least 21 years old or have a license to carry (LTC).

Q: Is Texas a Gun-Friendly State?

A: Yes, Texas is a gun-friendly state. Texans can carry guns openly in any location where guns are not expressly prohibited. It is generally up to the property owner whether they allow guns on their property. As of 2021, you no longer need a license to carry in order to openly carry a handgun in Texas or to carry a concealed handgun. Texas has an international reputation for being gun-friendly, as it favors its citizens’ right to bear arms.

Hire a Houston Gun Charges Lawyer in Texas

At Greco Neyland, we represent gun owners, individuals formerly convicted or a crime, and others charged with a firearm or weapons offense in Houston, Texas. Greco Neyland is very familiar with the gun criminal laws in Texas, local requirements in Houston, and all aspects of the Houston and Harris County courts.

We at Greco Neyland respect legal gun ownership and believe in the importance of upholding your Second Amendment rights. In fact, we make it our mission to protect the rights of gun owners and do what we can to ensure that everyone accused of a gun crime is offered a fair defense. We can help you fight your charges and build your case.

If you are facing gun-charges in Houston Texas, call us at Greco Neyland. We provide a free, completely confidential consultation to all new clients. This conversation won’t cost you anything and is the start of a cost-effective defense that will protect your rights and give you the best chance at an acquittal of gun-charges.

Houston, TX Gun Law Resources:

• What Houston Residents Need to Know About No-Knock Warrants