Dallas Gun Crime Lawyer

Dallas Gun Crime Attorney

In Texas, weapons charges include the illegal possession of a weapon, discharging a gun improperly, the use of a weapon while committing a crime, or even selling a weapon or granting a child access to an unsecured gun. Texas often punishes these criminal offenses harshly, which can damage your criminal record. If you stand accused of a weapon offense in the state of Texas, you should contact a Dallas gun crime lawyer.

The team at Harris & Harris Law Group, PLLC, can provide a strong legal defense. Using our years of experience, we can advocate to protect you from fines and potential prison time. Our knowledge and experience allow us to individualize our services to the needs of our clients. We take time to review your gun charges and work to build a defense that works for the circumstances of your case, not a one-size-fits-all approach.

When you work with our experienced Dallas County defense attorneys, you gain the trusted support of former prosecutors who provide personal attention and great attention to detail in all that they do. We understand that good people can run into serious legal trouble. We are not here to pass judgment but rather to provide you with a strong chance to mitigate your charges.

While other defense firms take on as many clients as they can, we are more selective in how we choose our clients so that we can effectively provide the attention our clients need..

Understanding Gun Crimes in Dallas County, Texas

Dallas County is a fast-growing area famous for its major league sports, Texan cowboy heritage, and truly iconic Southern barbecue. As our population grows, the area continues to see both crime and increased law enforcement presence. The Dallas County Sheriff’s Department remains focused on crimes of all levels, including those involving firearms.

The crime rate for Dallas County is 42.34 per 1,000 residents in a normal year, and gun crimes include:

• Unlawful possession of a firearm by a felon
• Unlawfully carrying a weapon in a prohibited location
• Possession of a prohibited weapon
• Unlawful transfer, sale, or furnishing of a firearm
• Possession of a firearm during the commission of another criminal offense

In an average year, 7,726 people are injured, and 4,471 people die from gunshots in Texas, which is why law enforcement remains vigilant for signs of gun crimes. When a suspect is arrested on suspicion of committing a gun crime, they are typically transported to the Dallas County Jail at the Lew Sterrett Justice Center in downtown Dallas.

Weapon Offenses and Gun Crime Penalties in Dallas, TX

According to Texas law, weapons such as brass knuckles, switchblades, machine guns, explosive weapons, and rifles or shotguns altered so the weapon is less than 26 inches long are illegal to carry outright. Possession of brass knuckles and switchblades results in a class A misdemeanor, but the others are third degree felonies with potential penalties, including two to ten years in prison.

Charged With Illegally Carrying A Weapon in Dallas?

Texas allows individuals to carry many weapons, including clubs, firearms, swords, and other location-restricted knives, while at home and in a car to transport the weapon. Illegally carrying one of these weapons amounts to a class A misdemeanor. If the crime occurs in locations such as a school, court, or business that sells alcohol, the crime becomes a third-degree felony.

While many Texans who are legally eligible may now carry a handgun without a license under Texas’ permitless carry law, there are still benefits to obtaining a License to Carry. Regardless of having an LTC or carrying without a permit, Texans are prohibited by law from bringing firearms into locations such as schools, secure airport sections, and other areas designated by law or clearly posted signs.

Understanding Constitutional Carry in Texas

Most people think Texas’s permitless carry law allows you to carry a handgun anywhere you want without restrictions. This isn’t true. Texas gun crime laws remain complicated, and Constitutional Carry has actually raised new questions about firearm ownership.

Signed into law on September 1, 2021, House Bill 1927 allows certain Texans who are at least 21 years old to carry a handgun without first obtaining an LTC. While permitless carry does not apply to everyone who wants to carry, it also does not affect or get rid of many criminal offenses involving firearms located throughout the Texas Penal Code.

Who Can Carry A Gun Without a License in Texas?

Generally speaking, adults who are 21 years of age or older may legally carry a handgun without first obtaining an LTC from the state of Texas, so long as the person is not prohibited from possessing firearms or ammunition under Texas or federal law. Permitless carry generally does not apply to the following:

• Felons prohibited from possessing firearms or ammunition
• Certain people convicted of or charged with crimes involving family violence or who are subject to certain protective orders
• Any other person who is prohibited from possessing a firearm or ammunition under Texas or federal law

Individuals who qualify for permitless carry are still prohibited from carrying a firearm in certain places and using a firearm in furtherance of illegal activity.

Why Arrests May Still Occur?

A common misconception about Constitutional Carry is that it eliminated most firearm offenses. Texans continue to be arrested for various violations of Texas gun laws. Some of the more common examples include:

• Carrying a handgun while committing another crime
• Carrying while intoxicated
• Carrying in places where it’s prohibited under Texas law
• Possessing a handgun after you became prohibited from possessing firearms under Texas or federal law
• Carrying as part of criminal gang activity

Just because you don’t need a permit to carry doesn’t mean you can carry anywhere you want. The new law simply eliminated the licensing requirement for many Texans who want to carry a handgun. It did not eliminate any existing criminal laws regarding the carry or use of firearms.

Why Some Texans Still Get an LTC?

Just because you no longer need an LTC (License to Carry) to carry a handgun in Texas doesn’t mean you should go without one. Obtaining an LTC still offers many Dallas residents important benefits and legal protections. Having an LTC may:

• Offer reciprocity with other states that recognize Texas LTCs
• Allow you to buy from most federally licensed firearms dealers without needing to undergo a separate NICS background check for each purchase
• Provide certain allowances if you inadvertently enter a prohibited place in violation of Texas law

If you own a firearm or think you may carry in the future, obtaining an LTC is still a good idea for many Dallas residents.

Understanding Texas Prohibited Places

The reality is, many Dallas arrests involving firearms don’t involve unlawful possession of a handgun, but rather carrying one in a place Texas law designates as off-limits. A list of prohibited places can be found under Texas Penal Code § 46.03. While some of these locations vary based on circumstances, some of the most common forbidden spaces include:

• Inside secure airport terminals
• Schools
• School-sponsored events
• Racetracks
• Voting booths
• Jail/prison
• Hospitals
• Nursing homes
• Amusement parks
• Courtrooms

Keep in mind that many of these prohibited places have exceptions or notice requirements written into the law. Simply carrying onto a property where guns are prohibited may not always result in criminal charges. A Dallas gun crime attorney can help you understand the charges against you and if any exceptions apply.

Texas 51% Rule Explained

Possibly the most commonly violated gun law centers around businesses that sell alcohol as their primary source of income. Texas businesses that earn 51 percent or more of their income from alcohol being sold on the premises are required by law to post a large red sign from the Texas Alcoholic Beverage Commission (TABC). These are typically referred to as 51% signs.

Carrying a handgun into a business that’s required to display this sign might lead to criminal charges, regardless of your firearm ownership status.

However, it’s important to note that not every establishment selling alcohol is obligated to ban firearms. Many family-friendly restaurants, sports bars, and other establishments make the majority of their income from food sales and do not fall under this category. Always read any posted signage prior to entering with a firearm.

Understanding Texas Signage Laws

Texas has multiple types of firearm signage. Each sign has its own meaning. Firearm-specific notices are covered by separate laws. Common signage includes:

• Criminal trespass
• Concealed carry by license holder
• Open carry of handguns by license holders

Each of these sections has specific language requirements for signs. Signage must meet size and placement requirements as well. If a property owner complies with the legal requirements for notice under each statute, then a person could be subject to criminal prosecution for carrying a firearm on the property and refusing to leave.

Common Weapons Offenses

Gun possession and ownership are restricted in Texas for several circumstances. Residents are limited in the locations where they can carry weapons, and those with felony convictions are prohibited from owning a weapon. Weapons charges can vary with some of the most common weapons charges, including:

• Illegal sale of a weapon.
• Concealed handgun license violation.
• Concealed guns or firearms at airports or other public places.
• Unlawfully discharging or brandishing a weapon.
• Unlawfully carrying a weapon.
• Possession of a firearm by a convicted felon.

A conviction of any of these offenses could lead to serious consequences. While guns and Texas seemingly go hand in hand, violating weapons laws could impact your rights and freedoms. A conviction could not only lead to time in jail and excessive fines but also negatively impact your ability to gain future employment and housing and pursue further educational opportunities.

How a Dallas Gun Crime Lawyer Can Help You

A Dallas gun crime attorney can be vital to successfully reaching an acquittal, a reduction of charges, or another type of mitigation to your charges. Our team can investigate the details of your case and determine the most appropriate defense. Some common defense strategies include:

• Denying the crime: This is one of the most common defenses to gun charges. It’s simply denying that the crime was committed by the defendant. This could be the result of faulty witness statements, mistaken identity, or any other circumstances that prove the defendant was not present at the time of the crime.
• Lack of intent: In some weapons crimes, the intent to commit the crime can change the perception of the charges or of an ultimate conviction. While there is little leeway in weapons charges, the circumstances of the case, including committing the crime by mistake or without intent, can help sway the outcome.
• Insanity: Insanity is another common legal defense used. If you are not mentally competent, you cannot be charged with intentionally and knowingly committing a crime. While the insanity plea is not an easy one to execute, it may be necessary, depending on the details of your case. This defense usually requires a mental health professional to conduct a thorough evaluation to determine the level of incompetence.
• Self-defense: If you are accused of pulling a gun on someone, your defense could argue that you acted in self-defense. Texans have the right to protect themselves and their loved ones when their safety is in danger.
• Insufficient evidence/reasonable doubt: Your lawyer could argue that the State has not met its burden of proof. This is a vital strategy if the prosecution is relying on circumstantial evidence or unreliable eyewitness testimony.
• Violation of rights: Other defense strategies could explore whether your rights were violated or if the elements of the offense are actually met.

Why Hire a Gun Crime Lawyer

When you hire a gun crime lawyer in Dallas, TX, you allow an experienced attorney to look at the circumstances surrounding your arrest and charge. We can evaluate the specific gun crime laws that apply to you and determine if the police arrested you lawfully. Then we can go over your rights and potential punishments that you are facing.

Dallas gun crime defense attorneys can review video footage, witness statements, and physical evidence. Our focus is on uncovering constitutional right violations and potential issues with the prosecution’s evidence. If you were arrested at or near Downtown Dallas, Love Field, DFW Airport, or anywhere in Dallas County, Harris & Harris Law Group, PLLC, can help.

FAQs About Dallas, TX Gun Crime Laws

How Is Deadly Conduct Defined in Texas?

Deadly conduct is defined in Texas as any reckless behavior on behalf of an individual that puts other people in imminent danger of bodily harm. You could face deadly conduct charges if you discharge a firearm recklessly. This could include discharging a firearm toward an individual, a building, a habitation, or a vehicle. You could also be charged if you point a weapon toward another person, even if the gun is loaded or not.

How are Weapons Charges Made in Texas?

Weapons charges can happen in various ways. Common instances include people tipping off the police, not realizing they have a firearm in a bag or carryon until they pass through a security checkpoint like an airport, or police may find a gun or weapon on the body of an individual or in a vehicle during a routine traffic stop.

If you have been caught with an illegal weapon, you should promptly speak with a Dallas Gun Crime Lawyer for help. A possession charge could lead to serious consequences.

Can You Own a Gun in Dallas If You Were Convicted of a Domestic Violence Crime?

Those who have been convicted of a domestic violence crime in Texas are prohibited from owning a gun. If you have questions regarding gun ownership, you should contact a criminal defense attorney experienced in weapons crimes who can investigate your specific case. Gun laws can be incredibly tricky to navigate without the help of an attorney.

What Weapons are Illegal to Own in Texas?

There are various illegal weapons in Texas. Texas law outlines weapons crimes as those that cause offenses against the public’s health and safety. It could be a weapon or instrument specifically designed to inflict bodily harm on people.

Some weapons that can be illegal to own include homemade guns, brass knuckles, explosives, and certain shotguns, among others. There are certain exemptions available for those who qualify, but the public is prohibited from owning these weapons.

What are the Penalties for Illegally Owning a Gun in Texas?

The penalties for illegally owning a gun in Dallas and other areas of Texas can vary depending on the specific circumstances. Penalties can vary from a Class A misdemeanor to a third-degree felony or even federal charges. If you’ve been charged with unlawful possession of a firearm, you need to speak with a Dallas Gun Crime Lawyer immediately for help. An attorney can review the case and help you understand the charges.

Can I Be Charged With a Gun Crime if I Did Not Fire the Weapon in Dallas County?

Yes, you can be charged with a gun crime if you did not fire the weapon in Dallas County. Texas firearm offenses criminalize more than the act of discharging a weapon. Depending on the circumstances, a person may face charges related to unlawful possession, carrying a prohibited weapon, unlawful transfer of a firearm, or possessing a firearm while prohibited from doing so. The facts of the case determine which charges apply.

What Should I Do After an Arrest for a Gun Crime in Dallas County?

In the moments after an arrest for a gun crime in Dallas County, remain calm and cooperative. You are required to identify yourself, but you do not have to discuss details about what led to your arrest. This is commonly known as the “right to remain silent,” and invoking that right can protect your interests. Securing legal representation can help you learn more about the charges you are facing and your options for contesting the accusations.

Can a Gun Crime Charge Be Reduced in Dallas?

Yes, a gun crime charge can potentially be reduced in Dallas, particularly when the prosecution does not have the evidence they need to move forward with their case. If the allegation is that someone displayed or pointed a firearm during a confrontation, a defense attorney might seek a reduction from a more serious charge to disorderly conduct under Texas Penal Code § 42.01(a)(8).

Protect Your Criminal Record in Dallas, TX

In addition, using such a weapon can be a serious crime. Discharging a gun in a public location is a class A misdemeanor if the user fires the weapon inside a town with a population of more than 100,000 people. Using a weapon, whether you fire it or not, while committing a violent crime may increase charges to aggravated status, which is a first degree felony.

Giving or selling a firearm to an individual who is not permitted to own a gun is a class A misdemeanor. This includes intoxicated persons and children who do not have parental consent. Simply leaving a loaded firearm within a child’s reach is a crime.

Dallas Criminal Defense Attorneys For Weapon Offenses

Guns are a staple in many Texas homes, but ensuring they are used properly and stored safely is a requirement for any Texan who chooses to own a firearm. Penalties for violating weapons charges in Texas can be long-lasting.

Whether the alleged offense happened at Victory Park, Oak Lawn, or elsewhere in Dallas County, the experience of your legal representation matters.  If you have been charged with a weapons crime, get the help that you deserve from Harris & Harris Law Group, PLLC. Contact our offices today and let our team provide the defense that you deserve.