How to Beat Weapons Charges in Texas and Defend Your Rights as an Accused Felon

Facing weapons charges in Texas can be overwhelming, especially if you don't fully understand the legal landscape surrounding firearms. Whether you're charged with misdemeanor Unlawful Possession of a Weapon or Felon in Possession of Weapon, knowing your rights and options is crucial. This guide will help you navigate the complexities of defen

ding against these charges by explaining when it is unlawful to carry a firearm in

Texas, defining "possession", and advising what to do if charged with Felon in Possession of a Weapon in Texas.

When is it Unlawful to Possess a Weapon in Texas?

Weapons charges can stem from several legal complications. Typically, Unlawful Possession of a Firearm and Felon in Possession of a Weapon charges involve someone who allegedly had control over a weapon without the legal right to do so. It is important to know when it is illegal to possess a gun in order to avoid getting arrested. Ignorance of Texas gun laws is NOT a defense to a gun charge.

It is unlawful to possess a Weapon in Texas if:

• you are intoxicated, whether in public or behind the wheel of a car

• you are under 21, unless you are on your own premises or under adult supervision

• you are a convicted felon (an exception allows a convicted felon to possess a weapon at home 5 years after completion of his/her sentence)

• you are engaged in criminal activity other than a Class C Misdemeanor, such as evading arrest or possession of a controlled substance or possession of marijuana

• the weapon is in plain view in your vehicle and not concealed

• the gun is on your person and is not in a holster (Firearm Carry Act of 2021)

• you have previously been convicted of Assault on a Family Member within the last 5 years

A major concern in gun charge cases is proving whether a person unlawfully possessed a weapon. For instance, if evidence shows you were not the owner of the weapon, this can strengthen your defense. At Mercer & Keirnan, we often beat weapon charges by successfully arguing that our client had no ownership or intent to possess a firearm found in their vehicle.

Further, the intent behind possession matters a great deal. Were you carrying a firearm during another crime? Did you act in self-defense? These questions can significantly affect your case's outcome. Consulting with an experienced attorney can provide clarity and legal strategies specific to your situation. The Weapons Charge Attorneys at Mercer and Keirnan have over 40 years of experience defending Felon in Possession of a Firearm and Unlawful Carrying of a Weapon in Texas.

The Legal Definition of Possession in Texas

In Texas, the law defines possession in terms of your control over a weapon. According to Texas Penal Code §1.07, you are considered to be in possession if you have actual care, custody, control, or management of the weapon. This means that you don’t have to own the weapon to face charges; merely having access or control can lead to a guilty verdict.

To prove that someone "possessed" the weapon, the prosecutor will focus on factors such as where the weapon was found in the car, who owned the car, how many people were in the car, whether the weapon was in plain view, any admissions made by the accused and many others. For example, if you were simply in the vicinity of a firearm and didn’t exercise control over it, you may have grounds for a legal defense, especially if there were other passengers in the car. An experienced gun charge lawyer knows what to look for to beat weapons charges in Texas.

Am I Guilty If the Gun Wasn't Mine?

A common myth associated with weapons charges is that ownership equals guilt. In reality, courts focus on care, custody and control of the gun rather than ownership.

If you have a firearm in your possession that doesn't belong to you, it doesn’t automatically mean you are guilty of illegal possession. For example, if you can demonstrate that you were unaware of the gun’s existence, or that it belonged to someone else in your vehicle, this could work in your favor. Proving a lack of knowledge about the weapon is crucial for your defense.

If you did not know the gun was in your vehicle, encourage the true owner of the weapon to sign an affidavit attesting to the fact that they left it in your car and that you had no knowledge of the gun. Knowledge of the gun's presence is critical to fighting a felon in possession of a firearm case in Texas. Even if the weapon isn't yours, your knowledge that it is in your car will usually be enough to prove that you "possessed" the gun.

Can a Convicted Felon Ever Possess a Weapon in Texas?

In Texas, a felony conviction can significantly impact your rights, especially regarding weapon possession. Under Texas Penal Code §46.04, convicted felons are generally prohibited from owning firearms for five years following their release from prison.

A diverse selection of firearms showcasing the range of weapons.

What to Do If Charged with Unlawful Carrying of a Weapon in Texas

If you've been charged with felon in possession of a firearm or unlawful carrying of a weapon in Texas, taking immediate action is crucial. Your first step should be to consult with an experienced weapons charge attorney in Houston. Make sure the attorney you hire is familiar with defending weapons charges and has the knowledge and experience required to successfully defend you. At Mercer & Keirnan, we offer free consultations to guide you on how best to respond to the charges and minimize their impact on your life.

Here are some essential actions to consider:

1. Understand Your Rights: You have the right to remain silent. Be aware that anything you say can be used against you later. You have the right to be free from unreasonable searches and seizures of your property. An officer needs consent to search OR reasonable suspicion of criminal activity in order to search your vehicle.

   
   

2. Keep a Detailed Record: As soon as you hear of the charges, jot down everything you remember about the event, including the context and surrounding details.

   
   

3. Collect Evidence: Gather any supportive evidence for your case, such as surveillance camera footage or witness statements.

   
   

4. Prepare for a Court Hearing: If your case goes to trial, your attorney will help strategize the best defense. This might involve questioning the legality of the police stop or search that led to your charge.

   
   

5. Consider Plea Options: Depending on your case details, a plea bargain might be a viable route to lessen the charges or penalties.

   
   

Maintaining a proactive stance is critical for anyone trying to beat weapons charges in Texas. Being accused does not equate to guilt; understanding your legal options can provide a pathway to challenge the state's case against you.

A gavel on legal literature representing the judicial process.

Final Thoughts

Navigating weapons charges in Texas can be complicated and intimidating. Knowing the legal definitions of possession, your rights, and the common legal issues surrounding these charges is vital for anyone involved.

From defending against allegations of possession that isn't yours to understanding the implications for felons, having a clear and informed strategy can significantly shape the outcome of your case.

If you face weapons charges, it's essential to act quickly and seek legal help to protect your rights. With the right representation and knowledge of the law, you can build a strong defense in order to beat your gun charge.