Weapons are covered under Chapter 46 of the Texas Penal Code. Texas is probably one of the friendliest jurisdictions when it comes to allowing its citizenry to “keep and bear arms.” However, even here you are restricted to where those weapons may be possessed and what type of weapons may be owned. Remember, weapons are not just guns and knives, but could also be brass knuckles, bats and other devices. You may very well have a legitimate excuse for possessing some of these weapons, and that is vital to your defense.
The most typical scenario involving weapons is that the weapon seized by the police is unlawfully carried. This may be that the carrier simply lacked the permit to carry such weapon, or it was being carried in an area that prohibited the carry of such a weapon. Another instance that is often charged is the possession of a weapon by a convicted felon.
It usually comes down to a balancing test. People carry weapons for a variety of reasons, but the most prominent of which is for protection. Police are essentially reporters; they can’t be everywhere when “stuff is going down”. Asserting such an argument has been successful in defending someone who was charged with illegal carry.
You need legal representation that looks at the whole picture. For example, where was the weapon located in the car? Were there any fingerprints on the weapon? Was the weapon registered to another occupant in the vehicle? Was the weapon even loaded? Was there another reason for the weapon being in the car? It is vital that you have someone working for you who thinks outside the box with these types of facts.
In the event you find yourself arrested for a weapon crime what should you do? The first thing is to stop talking to the police. The police are not your friends, they have two roles: to cite you and or to arrest you. The second thing you should do is call The Báez Law Firm.
At The Báez Law Firm we have experience with gun and other weapon related crimes. We have the experience necessary to overcome the allegations and get your life back on track. If you are charged with a gun or weapon crime, get an experienced attorney to fight for you—get The Báez Law Firm!