The Second Amendment of the U.S. Constitution and Section 23 of the Texas Constitution guarantee individuals the right to bear arms. However, this right is not unlimited. Each state regulates the possession and ownership of firearms as it deems appropriate for its population.
The state allows a great deal of freedom in this area, but people must still follow the law. Ignoring these obligations and restrictions can land you in deep legal trouble, facing consequences that will significantly impact your way of life. One of the best first steps to responding to these charges is retaining a knowledgeable Frisco gun lawyer. An experienced criminal attorney could help you build a strong defense strategy and fight on your behalf to uphold your rights.
Carrying a Gun in Frisco
State law identifies the eligibility requirements for individuals to obtain a license to carry a handgun (LTC) at Texas Government Code Annotated § 411.172. As of September 1, 2021, based on updates in HB 1927, Texans may carry guns without a license in certain circumstances. However, this relaxed approach to gun usage does not mean there are no limitations.
Individuals, licensed or not, may not carry firearms into or near specific public locations, including:
- Polling places on election day
Additionally, Texas Penal Code Annotated 46.05 restricts the ownership and possession of certain types of guns and paraphernalia, such as machine guns and silencers.
Though the state permits broad freedoms concerning gun rights, it is essential to understand the boundaries. Whether an individual mistakenly or intentionally violates the firearm rules in Frisco, a diligent attorney may be able to help them resolve the matter with minimal consequences.
Unlawful Usage of Firearms
In addition to carrying rules, the state has established numerous other laws governing misuse or improper possession of firearms. Common gun-related offenses include reckless discharge and unlawful transfer. Individuals with certain criminal records (e.g., felonies or assaults on family members) break the law by possessing a gun, as well.
Committing a Crime with a Weapon
Additionally, the presence of a weapon while committing another crime often leads to stiffer charges and penalties. The firearm may elevate some crimes to an aggravated status. Examples of this include aggravated assault, robbery, sexual offenses, and assault with a deadly weapon. Individuals in possession of drugs or driving under the influence of intoxicating substances will also face enhanced charges if officers discover a firearm.
Penalties for Noncompliance in Frisco
Violations of state gun laws can involve minor infractions or serious acts of violence. As a result, punishments may range from fines to life imprisonment.
Actions considered less severe and charged as misdemeanors bring fines up to $4000 and incarceration terms spanning from 180 days to one year in jail. Conversely, punishments for felony offenses start with jail terms of 180 days and go up to life imprisonment. The maximum fine for all felonies is $10,000.
Convicted felons also lose their firearms for five years and thereafter become ineligible to carry in public. Their right to vote is also suspended until completing their entire prison, parole, or probation sentence. With so much at stake, those accused with gun charges may be wise to speak with a well-versed lawyer who can help them devise a comprehensive defense strategy.
Consult a Frisco Gun Attorney to Protect Your Rights
Although gun possession is a right strongly protected by Texas, the state expects individuals to act responsibly and respect the gun laws that are in place. If you find yourself on the wrong end of the law in this regard, it may be in your best interests to contact legal counsel.
A Frisco gun lawyer could provide advice and assistance as you work through this challenging period in your life. Reach out to Barbieri Law Firm today to begin.