Texas Penal Code Ch 46.01 – Weapon Offenses
Under Texas Penal Code Ch 46.01, state lawmakers outline the crimes and penalties related to weapon offenses. Many Texans carry handguns for their own protection, but it can come as a shock that the state has such strong weapons laws. It is important to know the laws about when, where, and what type of weapon you can carry or you could face serious charges. If the police already arrested you or you have charges pending, the Law Offices of Randall B. Isenberg can help. Call us at 214-696-9253 today to discuss your case.
Texas Weapon Offenses Include Carrying an Illegal Weapon and Unlawful Carry
Some weapons are always illegal, and possessing them even in the privacy of your own home or vehicle could get you in trouble. Prohibited weapons include:
- Knuckles, such as brass knuckles;
- Armor-piercing ammunition;
- Firearm silencers;
- Machine guns; and
- Zip guns.
Most weapons, however, are legal to own and carry as long as you are on property you own or control, such as your vehicle or boat. You can also get a license to legally carry a gun in other places, as long as you meet the state’s conditions to do so. Carrying a handgun, large knife, club, or another weapon outside of your home, property, or vehicle without a permit is illegal under Texas Penal Code Ch 46.01.
It is important to understand, though, that even those with a permit have limits to where they can carry weapons. Carrying a weapon in a school zone, for example, could bring unlawful carry charges. It is very important to pay attention to the laws and look for signs telling you that you cannot carry on a property even with a concealed carry permit.
Possession or Unlawful Carry Convictions Could Mean Serious Penalties
Most unlawful carry weapons offenses are considered Class A misdemeanors. This means you could face up to one year in jail and a $4,000 fine if you knowingly carry a gun in public without a permit or violate the rules of your concealed carry license. Subsequent arrests and convictions can increase the penalties steeply.
It is also paramount that you do not violate the state’s weapons laws in any restaurant, club, or bar that sells alcohol. While unlawfully carrying a handgun in most places would be a misdemeanor, breaking this law while in an establishment that has a liquor license or other permit to sell alcoholic beverages is a third-degree felony charge. If convicted, you could face:
- 10 years in state prison; and
- A fine of up to $10,000.
This means if you get in a fight at a local barbeque joint that sells beer, the police get called, and they find a gun on you, you could face serious time behind bars.
Let Attorney Randy Isenberg Take a Look at Your Texas Weapons Offense Case
At the Law Offices of Randall B. Isenberg, we can help you build a strong defense strategy based on the circumstances of your arrest. Let Texas criminal defense attorney Randy Isenberg review your case and help you fight for the most favorable outcome possible.
We may be able to aggressively pursue lesser charges or negotiate another type of plea deal, or we can take your case to trial and present a strong argument to try to clear your name. There may be other options for pursuing a more favorable outcome depending on the facts of your case. Let our team go to work for you today.
Call a Texas Criminal Defense Attorney About Your Weapons Offense Case
Attorney Randy Isenberg and the Law Offices of Randall B. Isenberg team knows what it takes to build a strong case and navigate the Texas criminal justice system. Randy has more than 30 years of experience fighting for justice for his clients, handling thousands of criminal defense cases over his career. Isenberg also has an inside track on what to expect from the prosecution, since he is a former prosecutor and state district judge.
Randy and his team will build an aggressive strategy on your behalf, using the facts of your case to your advantage and being there to answer your questions every step of the way. If you face a weapons offense charge in Texas, the team from the Law Offices of Randall B. Isenberg is here to help. Call 214-696-9253 today to learn more.