Texas has some of the most lenient gun laws in the United States, but there are still circumstances where individuals can be arrested for carrying a gun. If you have been arrester for carrying a gun, you will need a good criminal defense attorney to defend you against such charges. In Frisco, Texas, Philip D. Ray is a leading criminal defense lawyer who can review your case and defend you against weapons charges in Texas.
Who Can Legally Carry a Gun in Frisco?
Many Texans can legally carry a gun in Texas, even without a license to carry, called permitless carry. To legally carry in Texas, you must meet the following requirements under Texas law:
- Be at least 21 years old;
- Not have a prior felony conviction as described in Section 46.04 of the Texas Penal Code;
- Not have a recent conviction for certain types of misdemeanors as described in Sections 46.02 and 46.04;
- Not be subject to a current protective order;
- Not be restricted from possessing a firearm under federal law (insert hyperlink); and
- Not be intoxicated.
Who Cannot Possess a Gun in Texas?
The following individuals are prohibited from possessing a firearm in the United States, including Texas:
- Individuals convicted of or under indictment for:
- A federal crime punishable by imprisonment for more than one year
- A state crime felony punishable by imprisonment for more than one year
- A state crime misdemeanor punishable by more than two years imprisonment
- Fugitives from justice
- An unlawful user of or addict of any controlled substance
- Individuals under the age of 18
- Incapacitated individuals
- Individuals involuntarily hospitalized or committed to a mental health or substance abuse treatment facility
- Illegal immigrants
- Individuals dishonorably discharged from the US Armed Forces
- Individuals who renounced their US citizenship
- Individuals subject to an active restraining order for harassing, stalking, or threatening an intimate partner, their child, or a child of their partner
- Individuals convicted of a misdemeanor offense of domestic violence
Where are Guns Not Allowed in Texas including Frisco?
There are certain public places where you can be arrested for carrying a gun, even if you have a license to carry.
- Schools
- Polling Places
- Court Buildings
- Racetracks
- Secured Airport Areas
- Execution Locations
This rule has limited exceptions to this rule for certain individuals acting in their official duty, such as law enforcement officers, judicial officers, and district attorneys.
In addition, Texas gives property owners the right to restrict firearms on their private property. In general, they must indicate this restriction through signage.
What are the Penalties for Unlawful Possession of a Firearm in Frisco?
Unlawful possession of a firearm is generally charged as a Class A misdemeanor in Texas. Class A misdemeanors are punishable by up to 12 months in jail and a fine of $4,000.
Speak to an Experienced Frisco Criminal Defense Attorney
If you or someone you know is facing weapons charges, you should immediately reach out to local Frisco criminal defense attorney, Philip D. Ray. As an experienced criminal attorney and former prosecutor who will provide you with a skilled and aggressive defense. Call The Law Offices of Philip D. Ray today at (469) 588-6770 for a consultation.