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Weapons Charges Attorney Austin TX

Texas Gun Laws

Though Texas is a gun-friendly state, it is still fairly easy to find yourself facing weapons charges. Anyone over the age of 18 who is not a felon may possess a firearm. As of January 1, 2016, Texas is an open carry state. However, you must still have a concealed handgun license in order to be allowed to open carry. If you do not, you can face criminal charges. 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. The State of Texas is working against you. You need someone working for you. We will work for you. Smith & Vinson Law Firm represents clients accused of weapons charges in Austin, Round Rock, Georgetown, Cedar Park, Leander, Taylor, Hutto and all around the Central Texas area.

Contact our Austin weapons charges lawyers now for a free consultation at (512) 359-3743.

Common Types of Weapon Charges in Texas

Some of the most common weapons 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

When You Need a License for a Weapon 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.
  • 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 gun shows.

Texas Weapon Penalties

The type of penalty you will be facing depends on things 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 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 do so 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 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

The Constitution guarantees our right to bear arms, particularly in Texas. However, this right has been limited in many ways in order to protect the safety of the public. 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.

Charged With a Weapons Offense in 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.

At Smith & Vinson Law Firm, we take your weapons charges seriously and fight to protect your constitutional rights. Jarrod Smith and Brad Vinson are aggressive trial lawyers that will fight for you from day one to get the best possible resolution for your case.

Contact our Austin weapons charges attorneys today for a free initial consultation. Call the firm today at (512) 359-3743.

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 Sexual Assault

      NOT GUILTY on Sexual Assault and two other lesser included charges. Our client said from day one he was an innocent man. We believed him.

    • Case Dismissed Assault Family Violence

      During a dispute with her boyfriend, our client threw a brass statue against a wall, which ended up bouncing and hitting him. He called the police and our client was arrested for Assault Family Violence.

    • Cases Dismissed Trafficking of a Person and Aggravated Promotion of Prostitution

      Our client was accused of running a prostitution ring out of a massage parlor and trafficking an unwilling participant as part of the operation. The alleged victim had never been instructed to perform any sexual favors and accused our client after she felt she was owed extra wages. We poured through the evidence and noticed repeated mistakes the police made in investigating the accusation, interviewing the witness, and collecting evidence. We discussed the faulty investigation and evidence with the Sta

    • Case Dismissed; Charges Reduced Two Counts of Sexual Assault of a Child and Four Counts of Indecency w/ a Child

      Our client was indicted on two counts of sex assault of a child and four counts of indecency with a child. Our client confessed to the offense and there was substantial physical evidence corroborating that confession. The State aggressively prosecuted this case and sought significant prison time.

    • Motion to Suppress Granted During Trial DWI .11 Blood Warrant

      This was the 2nd jury trial for this case. First one was a 4-2 hung jury for not guilty. This trial ended in a dismissal by the State mid-trial after we fought and won a motion to suppress. Client and his wife pulled off on the side of the road sleeping in truck with engine running. Client in driver seat with seat laid way back. Officers say they smelled odor of alcohol coming from vehicle but didn’t specify who in the car it was coming from.

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