Houston Weapons Possession Lawyer

Expert Gun Crimes Attorney Serving Houston

Houston Weapons Possession AttorneyIf you are charged with weapons possession 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 will likely face incarceration. Contact James Alston Law today for a consultation.

Felon In Possession

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 after the five (5) year period.

Persons convicted of misdemeanor assault, under Section 22.01, 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 and 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 a leading weapons possession lawyer if you are facing gun charges in Texas.

Unlawful Possession

While Texas has some of the most lenient gun laws in the nation, there are still a number of restrictions to your right of possession. The unlawful possession of a weapon can have severe penalties, including a high fine and mandatory incarceration. There are defenses to illegal possession 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 maximum penalties of life in prison.  Firearm possession is prohibited under a number of circumstances by the federal government. It is important to remember that a state may have stricter gun regulations.  Depending on the circumstances of the case, you may face state and federal weapons charges. It is crucial that you hire a leading criminal defense lawyer as soon as you are indicted on 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 Law today to schedule a consultation.

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:

  • Felons
  • 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 U.S. unlawfully
  • Someone discharged under dishonorable conditions from the Armed Forces
  • A U.S. citizen who has renounced their citizenship
  • Has a restraining order against them
  • 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 to possess a firearm.

It is important to remember that in order 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 five (5) years. 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 one of Houston’s elite 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 cases. His 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 weapon possession charges in Texas or on the federal level, you need experience you can trust. Contact James Alston Law today.