What Are the Penalties For Unlawful Possession of a Weapon?

 Posted on July 25, 2024 in Gun Crimes

While Texas is known for having more lenient gun laws, you can still face penalties when you unlawfully carry or possess a firearm in the state. Unlawful possession of a weapon in Texas is a gun crime that is taken seriously, and you can face severe legal consequences for violating gun laws. An experienced Texas weapons charges attorney can help you understand your legal options if you are facing this charge.

What Counts as Unlawfully Possessing a Firearm?

In Texas, unlawful possession of a firearm occurs when an individual carries or otherwise possesses a firearm despite restrictions prohibiting this behavior. Under both federal and state law, individuals who cannot lawfully possess firearms include the following:

• Individuals under 18 years of age

• Individuals with prior convictions for domestic violence, or those subject to certain types of restraining orders

• Individuals with prior felony convictions

• Individuals with substance or alcohol abuse histories, or a history of mental health issues

Additionally, you may face unlawful possession charges in the state if you possess weapons that have been banned in Texas, such as zip guns, firearm silencers, short-barreled firearms, and machine guns.

Penalties for Unlawful Possession of a Firearm

Penalties for unlawful possession of a firearm in Texas vary depending on the circumstances surrounding the possession, whether or not an alleged offender has committed previous crimes, and if federal laws are violated in addition to state laws.

In general, possessing a firearm unlawfully in Texas is a Class A misdemeanor. This carries a penalty of up to a year in jail and a fine of up to $4,000.

If a firearm is carried in a certain restricted location like a school or government building, or if the offender has previous felony convictions, the penalty is upgraded to a third-degree felony. This carries a punishment of up to ten years in jail and a fine of up to $10,000.

If federal laws are violated at the same time as the unlawful possession of a firearm, or if a felon is charged with unlawful possession of a firearm, federal charges may apply in addition to state charges, and these can carry more severe penalties.

Contact a San Antonio, TX Gun Crimes Defense Lawyer

Texas takes gun crimes seriously, and if you are charged with unlawfully possessing a firearm in Texas, you will need the assistance of a skilled San Antonio, TX weapons charges attorney. Your lawyer can review your case and build a strong defense to minimize the impact of these charges on your record.

At the Law Offices of Sam H. Lock, Attorney Lock has more than a decade of experience practicing law, and he will provide you with the dedicated representation your case needs. Call 210-226-0965 for a consultation.