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Weapons Charges Boldly Defending Your Best Interests

Austin Weapons Charges Attorneys

Defending Against Gun & Other Weapons Charges in Travis County

Although Texas is a gun-friendly state, it is still fairly easy to find yourself facing weapons charges. People with prior felony convictions, recent convictions for certain misdemeanors, or who are subject to active protective (restraining) orders are restricted from carrying or possessing certain types of firearms, such as handguns, even though the state does not generally require licenses to carry (LTC). 

At Smith & Vinson Law Firm, we have the knowledge and the resources to handle all types of gun charges. Let Austin weapon charge lawyers Jarrod Smith and Brad Vinson fight for you.

The state of Texas aggressively prosecutes weapons cases. This is why you need to mount an aggressive defense. At Smith & Vinson Law Firm, we have the knowledge and the resources to handle all types of gun charges. Our Austin weapons charges attorneys represent clients accused of weapons charges in Austin, Round Rock, Georgetown, Cedar Park, Leander, Taylor, Hutto, and all around the Central Texas area.

Contact our team today to get started with a free consultation: (512) 359-3743.

Do You Need a License to Own or Carry a Gun in Texas?

Texas generally does not require a license or permit to purchase or own a firearm. However, there are specific licenses or permits required for certain activities related to firearms. 

Here are some key points regarding firearm regulations in Texas:

  • Purchase of Firearms: In Texas, there is no state requirement for a license to purchase a handgun or long gun (such as a rifle or shotgun). However, federal background checks are conducted for all firearm purchases through a licensed dealer.
  • Carrying Handguns: Texas issues licenses for the concealed carry of handguns. The license is issued by the Texas Department of Public Safety (DPS). It's important to note that open carry of handguns without a license is generally permitted in public as long as certain criteria are met.
  • Long Guns: There is no license or permit required to openly carry a long gun, such as a rifle or shotgun, in public places in Texas.
  • Private Sales: Texas law allows for the private sale of firearms between individuals without the need for a background check. However, it is recommended to exercise caution and prudence in private sales to ensure compliance with the law.
  • Background Checks: Federal law requires a background check for all firearm purchases from licensed dealers, including at gun shows.

Some people are restricted from purchasing, owning, or carrying a firearm at all in the state of Texas. This includes people who have been convicted of felonies, as well as certain domestic violence-related misdemeanors. 

Common Types of Weapon Charges in Texas

Although Texas’s gun laws are generally weaker than federal ones, there are many weapons-related offenses prosecuted by the state. 

Some of the most common weapon-related offenses in Texas include:

  • Illegally possessing or carrying a weapon
    • Unlawful possession of a weapon
    • Felon in possession of a weapon
    • Unlawful possession in a weapons-free zone
  • Unlawfully selling a weapon
  • Improperly discharging a gun
  • Using a weapon in the commission of a crime
    • Threat with a deadly weapon
    • Assault with a deadly weapon
    • Aggravated assault

How Are Weapons Crimes Charged? 

The nature of the alleged offense, as well as other factors, such as whether the defendant has a criminal record, affect how weapons-related crimes are charged in Texas.

Examples include: 

  • It is a Class A misdemeanor to possess a switchblade, knife, or brass knuckles.
  • It is a third-degree felony to possess any other prohibited weapon. 
  • It is a Class A misdemeanor to give or sell a gun to a person who isn’t allowed to have one.
  • It is a Class C misdemeanor to leave a loaded gun where a child can access it.
  • It is a Class A misdemeanor to illegally carry a weapon without a license.
  • It is a third-degree felony to illegally carry a weapon without a license at a polling place on election day, a court, a school, or a racetrack.
  • Even if you have a license, it is a Class A misdemeanor to carry a weapon at a church, hospital, amusement park, a government meeting, or a sporting event.
  • It is always a third-degree felony to carry a weapon at a business licensed to sell alcohol where at least 51% of their money comes from the sale of alcohol. 
  • It is a Class B misdemeanor to fire a gun in public. If you do so within the city limits of a city or town that has a population of 100,000 or more, it is a Class A misdemeanor. 
  • It is a first-degree felony to use a gun (whether you fire it or not) during the commission of a violent crime. 

If you are facing a weapons charge, you need a lawyer who knows your rights and can aggressively defend them in court. Call Smith & Vinson Law Firm today and let us fight for you.

What Are the Penalties for a Weapons Crime Conviction? 

The type of penalty you will be facing depends on various factors, such as the type of weapon involved, whether you were using it or merely carrying it, and whether you were committing another crime.

Some examples of potential penalties include: 

  • Class A Misdemeanor Offense: Up to 1 year in county jail and/or fines up to $4,000; examples include possessing a handgun without a license
  • State Jail Felony Offense: Between 180 days and 2 years in jail and/or fines up to $10,000; examples include reckless discharge of a firearm 
  • Third-Degree Felony Offense: Between 2 and 10 years in prison and/or fines up to $10,000; examples include carrying a firearm in a prohibited place 
  • First-Degree Felony Offense: Between 5 and 99 years or up to life in prison and/or fines up to $10,000; examples include aggravated robbery 

Regardless of the type of weapons offense charges you may be facing, being convicted can result in the loss of certain rights, not to mention your freedom. We urge you to contact our Austin weapons charges lawyers right away to protect yourself and your future.  

Charged With a Weapons Offense in Central Texas?

If you have been arrested or charged with a weapons offense in Austin, Travis County, Williamson County, Hays County, or any of the surrounding areas in Texas, contact Smith & Vinson Law Firm. Our aggressive trial lawyers know how to challenge the prosecution’s case and bring forward powerful evidence to support your defense. We are prepared to fight tirelessly for you. 

Contact our Austin weapons charges attorneys today for a free initial consultation; call (512) 359-3743 to speak to a member of our team.

Our Client Reviews

Earning Our Reputation by Protecting Yours
  • Smith and Vinson are absolutely incredible! They go above and beyond to help their clients and have a track record of success in getting cases dismissed. Their aggressive approach and unwavering dedication make them stand out from the rest.
    - Linda W.
  • What sets this firm apart is their unwavering dedication to their clients. They listen attentively, provide clear guidance, and approach every case with the utmost diligence. Their attention to detail is truly impressive, and they leave no stone unturned.
    - Former Client
  • When in battle you need people by your side who are fierce enough to face the opposition with you. Brad and Jarod far exceeded my expectations with their passion for winning and attention to detail.
    - Nikki C.
  • After the Jury was selected, the first witness was called to the stand, and Brad and Jarrod imploded the State's case. Moments later, the case was dismissed. I couldn't be any more thankful for Smith & Vinson.
    - Former Client

    A Proven Track Record

    Check Out Our Recent Case Results
    • Not Guilty 2nd DWI

      911 caller reported a major rollover, single car accident. EMS and fire arrived on scene. They had to break the window to get our client out of the car. He said he had swerved to miss a deer and had been up close to 18 hours before the crash. Police later arrived on scene, spoke to our client and he admitted to coming from a bar and drinking 2 martinis.

    • Not Guilty 2nd DWI

      Our client was pulled over for a traffic violation. Officer smelled alcohol, client admitted to consuming a few drinks. Officer also noted slurred speech and bloodshot eyes. Client performed the SFST’s (roadside tests). Officer said he failed all 3, eye test, walk and turn and one-leg stand. Officer placed client under arrest and asked him for a sample of breath and/or blood. Client refused. Officer did not get a blood warrant.

    • Case Dismissed 2nd DWI

      Our client was involved in a vehicle accident in La Grange where she was ejected from the vehicle and had to stay in the hospital. There was alcohol in the car, and she had prior DWIs. The ethanol levels in her blood came back at a .13 so she was charged with Driving While Intoxicated. This client was unaware that she was charged after she left the hospital which resulted in the charge of Bail Jumping. However she maintained that she had only an 8% functioning liver due and upon researching her medical hist

    • Deferred Adjudication Aggravated Assault & Tampering with Evidence

      Our client was involved in a verbal dispute that turned into an altercation where a firearm was discharged into the ground. The round ricocheted and grazed a party to the dispute. Our client was facing multiple felony convictions and a prison sentence.

    • Deferred Adjudication Aggravated Assault Family Violence w/ Serious Bodily Injury

      Our client was involved in a domestic altercation that resulted in one of the parties sustaining a very serious life -altering injury that required serious medical intervention. We took the case and approached our defense with heavy strong willed negotiations with the State.

    • Rejected Pre-Indictment Aggravated Assault Strangulation/Impeding Airway Investigation

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