Houston has an extensive history of lawful gun ownership and respected gun rights. In many ways, lawful ownership of handguns and other firearms has only increased in recent years, as Texas’ open carry law gave more rights to registered, lawful gun owners in 2015. Yet, Houston does impose restrictions and hefty criminal penalties on individuals that abuse legal gun ownership or attempt to illegal possess a weapon. These gun charges are often misdemeanors in Houston but can lead to a year sentence in county jail and a substantial fine. A Houston Gun Charges Lawyer is your best resource when charged with these crimes.
Houston Gun Charge Lawyer
In general, Houston and the State of Texas have long supported the right of individuals to carry guns and other firearms for the purpose of protection and safety. There are laws permitting the right to openly carry a registered gun, except where expressly prohibited by a property owner, which may include the government.
Despite the latitude provided to legal gun owners in Texas, there are still strict criminal laws that can result in gun charges in Houston or Harris County. The most common gun charges in Houston include:
- Illegally carrying or possessing a weapon;
- Unlawfully discharging a weapon;
- Carrying or possessing a weapon on the property where it is specifically prohibited;
- Failing to obtain a carry license, when applicable;
- Carrying a weapon as a convicted felon; and
- Use of a gun in the commission of a separate crime.
If you are charged with a crime for any of these actions, a Houston gun charges lawyer can aid in your defense. Our team at Greco Neyland in Houston is ready to start your defense today.
What Are the Gun Laws in Houston?
Gun charges in Houston are considered a crime against the public health, safety, and morals within the Texas Penal Code. The purpose of the criminal law is keeping all people of Houston safe and secure, without impeding on anyone’s Second Amendment right.
While Texas provides licensed and legal gun owners with extensive rights, the restrictions on illegal possession, carrying, and use of a firearm, handgun, or other weapon are serious. Similar to drug charges in Houston, there are several different statutes impose limits on who, when, and where a gun and use of a gun are legal.
- Unlawful carrying weapons: Under Section 46.02 of the Texas Penal Code it is illegal to intentionally, knowingly, or recklessly carry a handgun, if the individual is not on his or her own property, on property that is within the individual’s control, or en route to a motor vehicle or watercraft owned by the individual.
- Unlawful possession of a firearm: Under Section 46.04 anyone convicted of a felony or domestic assault is forbidden from possessing a firearm, of any type and whether or not it is properly registered, for fives years following a conviction of these offenses.
- Prohibited weapons: In Texas, certain weapons are prohibited. The possession of these firearms and handguns result in serious gun charges in Houston. The prohibited weapons in Section 46.05 of the Texas Penal Code include explosive weapons, machine guns, short-barrel firearm, and firearm silencer. There are limited exceptions to these prohibitions, such as having the item classified as a curio or relic by the United States Department of Justice.
- Making a firearm accessible to a child: It is a criminal offense to allow a child access to a readily dischargeable firearm when the firearm owner didn’t take reasonable steps to secure the firearm or left the firearm in a place where it was known a child could access it. This is an offense whether or not the child uses the firearm or causes any damage.
Hire a Houston Gun Charges Lawyer
At Greco Neyland, we represent gun owners, individuals formerly convicted or a crime, and others charged with a firearm or weapons offense in Houston. Our team is very familiar with the gun laws in Texas, local requirements in Houston, and all aspects of the Houston and Harris County courts.
If you are facing gun charges in Houston, call us at Greco Neyland. We provide a free, completely confidential consultation to all new clients. This conversation won’t cost you anything and is the start of a cost-effective defense that will protect your rights and give you the best chance at an acquittal of gun charges.
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