Houston Weapons Possession Lawyer

Expert Gun Crimes Attorney Serving Houston

Houston Weapons Possession AttorneyIf you are charged with weapons possession or carrying a weapon in Houston, you could face a felony conviction. There are several laws regarding the purchase and ownership of weapons in the State of Texas, including those which limit your right to possess a firearm. Houston weapons possession lawyer, James Alston is a seasoned litigator who will fight hard to protect your rights. If you are convicted of weapons possession, you could face jail time or incarceration in prison. Contact the Law Office of James Alston today at 713-228-1400 for a consultation.

Felon In Possession of a Weapon

Texas Penal Code 46.04 prohibits felons from possessing a firearm after conviction and before the fifth anniversary of the person’s release from confinement following conviction of the felony or the person’s release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or at any location other than their own home” before the fifth anniversary of release from confinement.

Persons convicted of misdemeanor assault, under Section 22.01 of the Texas Penal Code, against a family member or member of the household are also prohibited from possessing a firearm within five (5) years of their release from confinement or community supervision. Texas has also made it unlawful for those with a protective order or restraining order against them to possess a firearm.

Guidelines For Firearms

Several laws govern your right to purchase, sell, or carry a firearm. The guidelines regarding gun ownership are continually changing in the State of Texas. It is imperative that you understand your rights and consult an experienced weapons possession lawyer if you are facing gun charges in the State of Texas.

Unlawful Possession

While Texas has some of the most lenient gun laws in the nation, there are still a number of restrictions on your right to possess a firearm. The unlawful possession of a weapon can have severe penalties, including a high fine and mandatory incarceration. There are defenses to illegal possession of weapons charges, but you need to consult an experienced defense attorney immediately after your arrest.

Federal Gun Crimes Lawyer in Houston, TX

Federal gun and weapon crimes are major criminal offenses that can carry severe penalties, including life in prison. Firearm possession is prohibited under a number of circumstances by the federal government. Depending on the facts and circumstances of the case, you may face both state and federal weapons charges. It is crucial that you hire a leading criminal defense lawyer as soon as you are arrested or charged with federal gun charges. A conviction can result in the loss of your right to own a firearm and the loss of your freedom. If you have been charged with a federal gun or weapons charge, contact Houston Weapons Possession lawyer James Alston today to schedule a consultation. 713-228-1400.

Firearm Possession By A Prohibited Person

Federal law prohibits certain people from possessing a firearm. Under 18 U.S.C. § 922(g) the following people are prohibited from possessing a firearm or receiving ammunition:

  • Any person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
  • Fugitives;
  • Unlawful drug users or someone addicted to any controlled substance;
  • Someone adjudicated with a mental health disorder or who has been committed to a mental institution;
  • Illegal aliens or in the United States unlawfully;
  • Someone discharged under dishonorable conditions from the Armed Forces;
  • A U.S. citizen who has renounced their citizenship;
  • Someone who has a restraining order against them;
  • Someone convicted of domestic violence;

Additionally, 18 U.S.C. § 922(n) prohibits a person who is under indictment for a crime punishable by one (1) year or more in prison from possessing a firearm.

It is important to remember that to be charged under this federal statute, the prosecutor must show that the firearm was transported across state lines at some point.

Selling Firearms To A Prohibited Person

As codified under 18 U.S.C. § 922(d), it is unlawful for a person to knowingly “sell or otherwise dispose of any firearm or ammunition” to a prohibited person under 18 U.S.C. § 922(g). A person might be prosecuted under this statute if they knew that the person was prohibited from firearm possession or if they had “reasonable cause to believe” that they were a prohibited person under the statute mentioned above.

Possession In Relation To A Crime Of Violence Or Drug Trafficking

18 U.S.C. § 924(c) prohibits the carrying or possession of a firearm during and in relation to a crime of violence or drug trafficking crime, or the possession of a firearm in furtherance of those crimes. The penalties under this statute can include a prison sentence of at least 5 years for possessing or carrying a firearm; 7 years for brandishing a firearm, and 10 years for discharging a firearm. Depending on the type of firearm used and whether someone was injured or killed from the use of the firearm, a person may be sentenced to life without the opportunity for parole.

Other Related Offenses

The federal government also prohibits a person from possessing a stolen firearm, ammunition, or explosive, possessing or discharging a firearm in a school zone, knowingly possessing or manufacturing certain types of weapons or firearms that have been illegally modified, or giving a firearm to a juvenile.

Hire The Right Weapons Possession Lawyer In Houston

Attorney James Alston is rated as one of the best Houston criminal defense attorneys. He began his legal career as a prosecutor with the Harris County District Attorney’s Office. During that time, he prosecuted thousands of cases, including weapons and firearms cases. James Alston’s intimate knowledge of how prosecutors prepare trials and secure convictions makes him uniquely able to develop a strategic defense for his clients. If you are facing weapons or firearms possession charges in Texas or in federal court, you need experience you can trust. Contact Criminal Defense Lawyer James Alston for a consultation. 713-228-1400.