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Jourdanton criminal defense attorney weapons charges

Firearms have always been a point of contention. Many value their right to own and carry a gun while others see this Second Amendment right as a threat to society. There are a number of weapon laws that are fairly well known, like needing a license to carry a gun and avoiding particular locations, such as schools or hospitals, while carrying a weapon. However, there are also weapon laws that you may not know about. Being fully informed on Texas gun legislation is critical not only for gun owners but all Texans. By understanding the ins and outs of these weapon regulations, you can exercise your Second Amendment rights while also abiding by the law. Failure to do so can lead to criminal charges and serious penalties, including significant time behind bars.

1. Prohibited Weapons

Just because you have a valid weapons license does not mean that you legally have access to any weapon of your choosing. There are a number of weapons that are strictly prohibited in Texas. Anyone who intentionally or knowingly possesses, manufactures, repairs, sells, or transports any of the following weapons is breaking the law: an explosive weapon, a machine gun, a short-barrel firearm, armor-piercing ammunition, a chemical dispensing device, a zip gun, a tire deflation device, a firearm silencer, and an improvised explosive device.

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Atascosa County criminal defense attorney weapons charges

Waking up in the middle of the night to rustling outside your house or the sound of a window breaking downstairs would set anyone on high alert. Maybe you grab the nearest object to use in self-defense, if necessary, or perhaps you keep a gun in the house to protect you and your family. Many Texans are gun owners, saying that a gun in the house makes them feel safer. Even if the gun is properly registered and you have the appropriate licensing for the weapon, situations like these can leave the property owner facing criminal charges. Understanding self-defense laws is critical for Texas home and gun owners. It is imperative for those who are facing such charges to seek the guidance of an experienced criminal defense attorney to protect their rights. 

A Look at Criminal Consequences

Texas law states that property owners are able to use force to terminate trespassing or theft if they deem it is necessary; however, force and deadly force are two different actions. Shooting the trespasser is considered deadly force since the bullet can easily end the person’s life. If the person is not an immediate threat to you or your family, deadly force is not permissible. This is easier to understand with concrete examples.

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Jourdanton weapons charges attorney

In the midst of mass shootings and young lives being taken by gun violence across America, it is no secret that gun rights are a hot-button topic. According to the Center for Disease Control and Prevention (CDC), 3,513 gun-related deaths occurred in Texas in 2017. While some people may feel that gun control is necessary to address gun violence and reduce deaths, many Texans believe in protecting their right to bear arms. However, what many people do not realize is that weapons charges in Texas may involve more than just guns. 

What Is Considered a Weapon?

Texas law identifies more than 15 different objects as weapons, and possession or use of these weapons can result in criminal charges, depending on the circumstances. These weapons are divided into various categories as shown below:

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Karnes County firearms charges defense lawyer

In the midst of tragedies involving gun violence, many states have taken measures to restrict gun rights in an attempt to reduce this ongoing issue. One primary concern that has been addressed by legislators is the right to carry arms in a concealed manner. Some states may have restricted their residents’ weapons rights; however, Texas remains pro-concealed carry. Many gun owners see taking away this legal right as a direct violation of the Second Amendment and a means of disabling people from being able to defend themselves. Regardless of your stance on the matter, it is important to note that Texas residents who wish to carry a concealed weapon have strict laws by which they must abide -- and those who fail to do so can face serious legal consequences, including criminal charges.

The Application Process

Many individuals have the incorrect assumption that anyone can get a license to carry a weapon without realizing the various qualifications that must be met. Concealed carry is legal with a Texas License to Carry (LTC) or a concealed carry license/permit from a state that Texas honors. Texas is considered a “shall-issue” state with concealed weapons permits, which means that the Department of Public Safety cannot deny a permit to an applicant if they meet all of the legal requirements.

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Jourdanton firearms violation defense attorney It is no secret that mass shootings have plagued Texas, along with the rest of the country, over the last decade. According to a recent NBC News report, the shooting in El Paso left at least 22 people dead and 26 injured and falls within the top 10 deadliest shootings in modern American history. These shootings involving firearms have prompted two distinct sides: Those who want stricter gun laws and those who believe access to firearms will keep more individuals safe. The state of Texas recently passed new gun laws, which go into effect soon and will potentially impact many gun owners. 

What Are the New Texas Gun Laws?

In the last session, Texas lawmakers passed nine gun-related bills, a few of which will become laws and go into effect on September 1. There are two gun law changes that affect who can carry guns and where they can carry them. One of the laws allows handgun owners to carry their concealed firearms without a permit for up to one week if a disaster has been declared. Some may say that this new law violates the original law, found in section 46.02 of the Texas Penal Code, regarding concealed carry requirements. However, the new law specifies three instances in which section 46.02 does not apply to handgun owners:

  1. The person carries the handgun while evacuating from an area after a state of disaster or a local state of disaster has been officially declared or while reentering the area that he or she just evacuated.

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