The Second Amendment of the United States Constitution guarantees our right to keep and bear arms. However, nationwide there are over 200,000 existing gun and weapons laws criminalizing and/or prohibiting the possession of guns and other weapons. The sheer number and complexity of these laws are making it increasingly more difficult for people to know when and/or where they might be in violation of these laws. Under federal law, not only is it a new felony charge for a convicted felon to possess a gun, it is also routinely considered an aggravating sentencing factor. Additionally, if someone is charged with a crime, possession of a gun or other weapon during the commission of that crime may be considered a separate offense, which can carry significant additional penalties. Texas gun laws prohibit following people from possessing firearms:
Conviction for a gun crime will result in a permanent criminal record, jail and/or prison time, and stiff fines. As a result, you may be prohibited from certain kinds of work, may find it difficult to find an insurer, or could be required to relinquish ownership of all of your other firearms. At the Law Offices of Dallas Criminal Attorney we successfully represent individuals charged with all types of guns and weapons violations.
Many guns and weapons charges often involve our Fourth Amendment rights against unreasonable search and seizure. In order to stop a car, officers must first have reasonable suspicion that a law has been broken (or is about to be broken). Once a car is stopped, police can ask to search the vehicle if there is something in plain sight that gives them probable cause to do so. If there is nothing in plain sight that an officer can use as probable cause, he or she may ask if the car's owner will voluntarily submit to a search of their car. If the owner of a car agrees to a search, an officer can search a car and hold any evidence found against its occupants. However, these kinds of searches raise a number of constitutional issues.
Many people lawfully possess guns for personal or family protection. However, even individuals who possess guns only to defend themselves, their family, or property are now in jeopardy of facing serious weapons charges. Both state and federal prosecutors have no problems whatsoever overplaying felony charges by adding guns and weapons charges that ignore these constitutional rights. These charges are often a result of illegal vehicle stops, improper executions of search warrants, restraining order violations, and/or unjustified domestic violence accusations. In many cases, the actions of police officers call into question the constitutionality of a search, car stop, or home entry. We will expose mistakes on the part of officers and their groundless assumptions that lead to these unfounded weapons charges. Additionally, we know how to successfully cast doubt on the evidence that indicates possession of the weapon, the reasons why a gun or other weapon might have been found during a search, or on the illegal nature of a particular weapon.
If you, a friend, family member, or loved one has been, or may be, accused of a state or federal gun and/or weapon crime we will help you understand the charges, possible defenses, the legal system, and your rights. Contact us today to schedule a free, confidential initial consultation with a Dallas criminal lawyer. We have the skill, knowledge, and experience to help!!!