Ways A Gun Possession Lawyer In Dallas Protects Your Rights

In the United States, owning a gun is a constitutional right protected by the Second Amendment. However, gun possession laws vary widely between states and municipalities, and violations of these can result in serious legal consequences. That’s where a gun possession lawyer in Dallas comes in. They are experienced in firearm-related cases and can help protect your rights.

Get an overview of gun possession laws in Texas, their importance, and the common gun possession charges and defense strategies. Whether you’re facing a gun possession charge or simply want to be informed about your rights and options as a gun owner, here are valuable insights and guidance.

Importance Of Hiring A Gun Possession Lawyer

If you’ve been charged with a gun possession offense, hiring a gun possession lawyer is critical to protecting your rights and defending against the charges. Gun possession charges can range from minor misdemeanors to serious felonies, and the potential consequences can include fines, probation, and even prison time. A skilled and experienced attorney can help you navigate the legal system, build a strong defense, and minimize the potential consequences of a conviction.

Representation In Court

One of the primary roles of a gun possession lawyer is to represent you in court. This includes appearing on your behalf at all court hearings, negotiating with prosecutors, and arguing your case in front of a judge or jury. They deeply understand the legal system and can use their experience to build a strong defense on your behalf.

Knowledge Of Local & State Gun Laws

Gun possession laws vary widely between states and municipalities, and it’s essential to work with a lawyer who deeply understands the laws in your area. A gun possession attorney in Dallas will be familiar with local and state gun laws and can provide guidance and advice on navigating the legal system in Dallas. This can be critical to building a solid defense and avoiding potentially serious legal consequences.

Defense Strategies For Gun Possession Cases

A gun possession lawyer can also help you develop a defense strategy tailored to your case’s circumstances. This may include arguing that the police conducted an unlawful search or seizure, challenging the credibility of prosecution witnesses, or presenting evidence that supports your version of events. Your lawyer will work closely with you to understand the details of your case and develop a strategy that gives you the best chance of a favorable outcome.

Assistance With Obtaining Firearms Licenses & Permits

In addition to defending against gun possession charges, a gun possession lawyer can provide guidance and assistance with obtaining firearms licenses or permits. This may include helping you navigate the application process, advising you on the requirements for getting a permit, and representing you in court if your application is denied. They can also help you understand the consequences of violating gun possession laws and provide advice on avoiding legal trouble in the future.

Common Gun Possession Charges

Texas has strict laws regarding gun possession, and there are several common charges that individuals may face in the state. Here are three of the most common:

Illegal Possession Of A Firearm

Unlawful firearm possession happens when an individual who is not allowed to carry a gun is found to be in possession of a firearm or if they possess a gun that’s illegal to own under state or federal law. Illegal firearm possession is a serious offense in Dallas, resulting in significant fines and jail time.

Unlawful Carrying Of A Concealed Weapon

Concealed weapon violation is another common gun possession charge in Dallas. This charge may be filed if an individual is found to be carrying a concealed weapon without a valid license or permit or if they’re carrying a gun in a place where it’s illegal, such as a government building or school. Unlawful carrying of a concealed weapon is also a serious offense and can result in hefty fines and jail time.

Possession Of A Firearm By A Convicted Felon

Felon possessing a firearm is a third common gun possession charge in Dallas. This may be filed if a convicted felon is found to be in possession of a gun, even if they have a valid license or permit. Convicted felons having firearms is a grave offense and can result in fines and jail time.

In Texas, individuals who carry a partially or wholly visible handgun must have it in a holster. Before the law changed in 2021, individuals in Texas needed a license to carry a handgun openly and were required to carry it in a “shoulder or belt holster.”

Places Where Guns Are Prohibited

Here are some places where guns might be prohibited in Texas:

Private Property

In Texas, private property owners generally have the right to decide whether to allow guns on their premises. They can prohibit firearms by posting specific signs or providing notice in other ways. Different rules apply to businesses and other prohibited places, such as hospitals, racetracks, and amusement parks.

Schools & College Campuses

Carrying firearms at schools and college campuses is restricted in Texas. Even with the removal of the license requirement for carrying handguns under HB 1927, these restrictions remain in place.

Vehicles

Carrying firearms in vehicles, including cars and boats, is subject to certain regulations. Familiarizing yourself with the laws and guidelines for carrying guns in vehicles is essential. An experienced criminal defense attorney can walk you through the various gun-related laws and help you avoid serious consequences.

The Carry Of A Handgun

The law has been updated, and a license is not required to carry a handgun openly. Section 46.02 (a-5) of the Texas Penal Code now only references the term “holster” without specifying “shoulder or belt holster.” The law, unfortunately, does not provide a specific definition of the term “holster.”

Texas law does not impose similar holster requirements on handguns being carried in a concealed manner.

The relevant sections of the Texas Penal Code that address these issues are as follows:

Age Limit To Carry Handguns

Section 46.02 establishes the age limit of at least 21 years old to carry a handgun. It also specifies disqualifications based on certain convictions and outlines various limitations. It includes the requirement that handguns must be carried in a holster. Additionally, it provides guidelines on how handguns can be carried in specific motor vehicles and watercraft.

Places That Prohibit The Carry Of Handguns

Section 46.035 addresses situations and places where carrying a handgun by a license holder may be prohibited. It also mentions the requirement to carry a handgun in a holster. It’s worth noting that HB 1927, passed in 2021, repealed this statute and relocated its content to other sections of the Penal Code.

The Importance Of A Strong Defense In Gun Possession Cases

If you are facing gun possession charges, it’s essential to understand the potential consequences of a conviction. A conviction for gun possession can result in severe penalties, including jail time, hefty fines, and a criminal record that can impact future employment and housing opportunities. However, with the help of an experienced criminal defense lawyer, you can avoid a conviction or minimize the penalties you may face.

The Role Of A Gun Possession Attorney In Building A Strong Defense

An attorney can play a critical role in building a solid defense for your case. They can identify any weaknesses in the prosecution’s case, review the evidence against you, and develop a strategy to challenge the charges you are facing. They can also work to negotiate a plea deal or explore other options for resolving the case outside of a trial.

Strategies To Avoid Conviction Or Minimize Penalties

There are several strategies that a gun possession lawyer may use to avoid a conviction or minimize the penalties you face. For example, they may argue that the search that led to the discovery of the firearm was conducted illegally or that the firearm was found in a location you did not have control over.

In some cases, a lawyer can negotiate a plea deal with the prosecution, in which you agree to plead guilty to a lesser offense in exchange for reduced penalties. Alternatively, they may be able to explore options for diversion programs or probation, which can allow you to avoid a conviction altogether.

The Medlin Law Firm Guides You If Facing Weapons Possession Charges

Hiring a gun possession lawyer from The Medlin Law Firm can give you a higher chance of achieving a positive outcome in your case. The firm’s criminal defense attorneys have extensive experience defending clients against gun possession charges in Dallas and throughout Texas. They deeply understand the local and state gun laws and the Dallas court system, allowing them to build a strong defense strategy tailored to your specific case.

Criminal attorneys at The Medlin Law Firm are also committed to staying up-to-date with the latest developments in firearms laws and regulations, ensuring they provide the most comprehensive and effective representation possible. Additionally, they have access to a network of experts in firearms laws who can provide valuable insights and testimony to support your case.

Summary

Illegal firearm possession, unlawful carrying of a concealed weapon, and possession by a convicted felon are common gun possession charges in Dallas. A gun possession lawyer is experienced in firearms possession cases and can help navigate the legal system, defend against charges, and minimize the potential consequences of a conviction.

To choose a gun possession attorney, research potential lawyers, consider their experience and skills, read reviews and testimonials, and schedule a consultation to discuss the case.