Have you been charged with a weapons offense in Frisco, TX? Prosecutors in Frisco take weapons charges very seriously and fight for a conviction. If you are convicted, you can face a lengthy prison term, difficulty finding gainful employment, and substantial fines.
At the Edgett Law Firm, we are here to fight for you. You deserve the strongest legal defense possible. Contact our law office today at (972) 424-0760 to schedule a free case review with a Frisco weapons charges lawyer who will help you protect your rights.
How the Edgett Law Firm Can Help with a Weapons Charge
While Texans take the second amendment seriously, the state’s weapons laws are also given significant weight. When you are charged with a weapons crime in Frisco, the prosecutors will be tireless in seeking your conviction and try to impose the stiffest penalties possible. A conviction can affect your life in many ways, robbing you of your freedom, certain rights after you are released, and your ability to find a job.
An experienced Frisco criminal defense attorney will help you fight back against the charges you are facing and help you protect your rights. You deserve a vigorous legal defense built on evidence, sound legal reasoning, and exploitation of any weaknesses in the criminal case against you.
The Frisco weapons crime defense lawyers at the Edgett Law Firm are here to help you. We have been representing Frisco residents against criminal charges since 2010 with more than 5,000 cases handled successfully. We will put our 22 years of combined experience to work for you to seek the most beneficial results possible.
Leverage our excellent reputation with local judges and prosecutors. When you choose the Edgett Law Firm to represent you, you can count on us to:
- Walk you through every step of the criminal justice system
- Gather evidence to build a strong defense
- Protect your Constitutional rights
- Offer experienced legal guidance as your case proceeds
- Negotiate with the prosecuting attorney to seek a reduction or dismissal of the charges or a satisfactory plea deal
- Represent you in court to present your case before a jury
Our legal team has built a reputation for passionately defending the accused. Contact the Edgett Law Firm today to schedule a free case review with a Frisco firearm defense lawyer who can help.
Gun Laws in Texas
Texas is considered a fairly gun-friendly state. However, Texas gun laws are taken seriously, and violating these laws can come with very harsh penalties.
Texas is an open-carry state that allows residents to openly carry long guns such as shotguns and rifles except in limited cases. The firearm must be in your control and cannot be carried while driving or at a sporting event, church, government meeting, or amusement park. In 2015, Texas also made it legal to open carry handguns without a permit in most public places.
To carry a concealed handgun, residents must have a Concealed Handgun License (CHL). To qualify for a CHL, you cannot have any felony convictions and you must meet specific criteria. You can be barred from receiving a CHL if you have:
- Defaulted on child support, city or state taxes, or government fees
- A drug, alcohol, chemical, or substance dependency
- Pending criminal charges
- Been diagnosed with certain psychological disorders
- A restraining or protective order against you
Section 46.04 of the Texas Penal Code also bars certain groups of people from possessing a firearm. This includes people who:
- Have been convicted of domestic assault and possess a firearm before they are released from community supervision or confinement for 5 years
- Have been convicted of a felony before they have been released from confinement for 5 years
- Are employees of the state and have an active restraining order against them
Violating a gun or weapon law in Texas can result in a misdemeanor or felony charge.
Weapons Charges in Frisco
Texas places strict laws on who may possess a firearm, how it may be carried and used, and how it can be legally transferred. Depending on the weapons charge, you may be facing a misdemeanor or a felony.
Possession of an Illegal Weapon
Texas law bars the possession of many types of weapons. Weapons that are considered illegal include:
- Zip guns or homemade handguns
- Brass knuckles
- Modified rifles with a barrel under 16” long
- Sawed-off shotguns
- Gun silencers
- Shotguns or rifles shortened below 26” long
- Armor-piercing bullets
These weapons are illegal to possess. Using them against someone or discharging them can come with additional charges.
Unlawful Carrying of a Weapon (UCW)
Texas Penal Code Section 46.02 makes it unlawful to intentionally, recklessly, or knowingly carry a weapon on your body in certain situations. You may be charged if you have a handgun on your person or in your vehicle if:
- The handgun is in plain view,
- You are engaging in criminal activity,
- You belong to a criminal street gang, or
- You are prohibited from possessing a firearm
This is usually a Class A misdemeanor. It becomes a third-degree felony if the offense happens on premises licensed or permitted to sell alcohol. Unlawful Carrying of a Weapon is a Class C misdemeanor when a location-restricted knife is carried by someone under 18.
Unlawful Possession of a Firearm
Texas Penal Code Section 46.04 makes it unlawful to possess a firearm if you:
- Have been convicted of a felony and have not been released from confinement for 5 years
- A state employee with an active restraining order against you
- Have been convicted of domestic assault and have not been released from confinement or community supervision for 5 years
This charge is usually a Class A misdemeanor. It’s third-degree felony for a felon to unlawfully possess a firearm.
Weapons Charges Related to Firearm Sales
There are many statutes that make it illegal to transfer or sell a weapon to someone else in certain circumstances. This includes:
- Providing a handgun to someone you know will use it to commit a crime
- Knowingly providing a firearm, knife, or club to a minor
- Knowingly selling ammunition or a firearm to an intoxicated person
- Knowingly selling ammunition or a firearm to a convicted felon who is within 5 years of release from parole or prison
- Receiving a firearm from someone while subject to a restraining order or providing one to someone subject to an active order
Unlawful transfer of certain weapons is a Class A misdemeanor. It can be upgraded to a state jail felony when the weapon is a handgun.
Illegally Discharging a Firearm
Publicly discharging a firearm in Frisco carries strict punishments. It is illegal to fire a gun in public which can result in a disorderly conduct charge, a Class B misdemeanor unless you are within city limits. In this case, it becomes a Class A misdemeanor.
Enhanced Charges for Carrying a Weapon While Committing a Violent Crime
If a firearm or other deadly weapon is used in the commission of a crime in Texas such as assault, domestic violence, robbery, or another violent crime, you may face additional penalties. The charges may be elevated which can result in a longer prison term and other penalties.
If you carry a firearm while committing another crime, you may lose some privileges like probation or parole. You may also be subject to a mandatory minimum term of confinement.
Penalties for a Weapons Charge in Frisco
The penalties for committing a weapons crime in Frisco are very stiff. Penalties depend on the type of offense, prior criminal record, and the class of the charge.
Penalties for a conviction can include the following:
- Class B misdemeanor: up to 180 days in jail and a fine of up to $2,000.
- Class A misdemeanor: up to 1 year in jail and a fine of up to $4,000.
- State jail felony: 180 days to 2 years in jail and a fine of up to $10,000.
- Third-degree felony: 2-10 years in prison and a fine of up to $10,000.
- Second-degree felony: 2-20 years in prison and a fine of up to $10,000.
- First-degree felony: 5 to 99 years or life imprisonment and a fine of up to $10,000.
Because the penalties for a weapons conviction in Frisco are so serious, it’s crucial to consult with an experienced Frisco weapons crime defense lawyer as soon as possible. Your defense lawyer will help you build a defense against the charges you face.
Schedule a Consultation with a Frisco Weapons Charges Lawyer
A gun violation or other weapons offense in Collin County or Denton County, TX can have a serious impact on your life. Outside of jail time, it can prevent you from working in certain careers, deny you access to some government programs, and even complicate child custody cases.
An experienced Frisco weapons charges lawyer at the Edgett Law Firm is here to help. We are ready to find the best possible defense and fight for your rights. Contact our law office today to schedule a free consultation with a criminal defense lawyer who can help.