WEAPONS CHARGES

Even a gun-friendly state like Texas has very strict criminal weapons charges.  There are basically two types of weapons charges: (1) Unlawful Carrying of a Weapon, and (2) Felon in Possession of a Weapon.  Unlawfully carrying a weapon is a Class A misdemeanor, unless the crime is committed on the premises of a business that sells alcohol, in which case the unlawful carrying of a weapon charges becomes a third degree felony.

The exact law that applies for unlawful carrying a weapon depends on the exact facts. A person is unlawfully carrying a weapon when the person intentionally, knowingly or recklessly caries on or about his person a handgun, illegal knife or club, and the person is not on the person’s own premises or premises under that person’s control, or inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person’s control.

A person can be charged with unlawful carrying of a weapon if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person’s control and at any time, the handgun is in plain view.  In other words, if you are in your car with a handgun, it better not be in plain view.

Another common way people may be charged with unlawfully carrying a weapon is if a person intentionally, knowingly, or recklessly caries on or about his person a handgun in a car or boar that is owned by the person or under the person’s control, and at any time, the person committed a crime greater than a Class C misdemeanor, was prohibited from possessing a firearm, or was a member of a criminal street gang.

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CHARGED WITH A WEAPON CRIME?