Illegal Weapons Charges in Texas
Experienced Criminal Defense Lawyer in Texas
When you have been charged with illegally possessing a weapon in Houston,
Texas the best lawyer for you is an attorney who practices in criminal
law. I am an experienced Houston weapons offense lawyer with
more than 20+ years of experience as a criminal defense attorney and
prosecutor. Working on both sides of the court room, I know how a prosecutor thinks
and what a defense lawyer should say and should not say in the defense
of his client.
The Second Amendment to the Constitution of the United States of America guarantees you the right to bear arms, "...the right of the people
to keep and bear arms, shall not be infringed." If you have been
arrested in Houston, Texas for illegally possessing a weapon, retaining
a criminal defense lawyer with over 17 years of experience is necessary
to preserve your rights.
Texas Penal Code §42.01 defines a weapon as follows:
(1) "Club" means an instrument that is specially designed, made,
or adapted for the purpose of inflicting serious bodily injury or death
by striking a person with the instrument, and includes but is not limited
to the following:
(2) "Explosive weapon" means any explosive or incendiary bomb, grenade,
rocket, or mine, that is designed, made, or adapted for the purpose of
inflicting serious bodily injury, death, or substantial property damage,
or for the principal purpose of causing such a loud report as to cause
undue public alarm or terror, and includes a device designed, made, or
adapted for delivery or shooting an explosive weapon.
(3) "Firearm" means any device designed, made, or adapted to expel
a projectile through a barrel by using the energy generated by an explosion
or burning substance or any device readily convertible to that use. Firearm
does not include a firearm that may have, as an integral part, a folding
knife blade or other characteristics of weapons made illegal by this chapter
and that is:
(A) an antique or curio firearm manufactured before 1899; or
(B) a replica of an antique or curio firearm manufactured before 1899, but
only if the replica does not use rim fire or center fire ammunition.
(4) "Firearm silencer" means any device designed, made, or adapted
to muffle the report of a firearm.
(5) "Handgun" means any firearm that is designed, made, or adapted
to be fired with one hand.
(6) "Location-restricted knife" means: a knife with a blade over
five and one-half inches.
(7) "Knife" means any bladed hand instrument that is capable of
inflicting serious bodily injury or death by cutting or stabbing a person
with the instrument.
(8) "Knuckles" means any instrument that consists of finger rings
or guards made of a hard substance and that is designed, made, or adapted
for the purpose of inflicting serious bodily injury or death by striking
a person with a fist enclosed in the knuckles.
(9) "Machine gun" means any firearm that is capable of shooting
more than two shots automatically, without manual reloading, by a single
function of the trigger.
(10) "Short-barrel firearm" means a rifle with a barrel length of
less than 16 inches or a shotgun with a barrel length of less than 18
inches, or any weapon made from a shotgun or rifle if, as altered, it
has an overall length of less than 26 inches.
(11) "Switchblade knife" means any knife that has a blade that folds,
closes, or retracts into the handle or sheath and that opens automatically
by pressure applied to a button or other device located on the handle
or opens or releases a blade from the handle or sheath by the force of
gravity or by the application of centrifugal force. The term does not
include a knife that has a spring, detent, or other mechanism designed
to create a bias toward closure and that requires exertion applied to
the blade by hand, wrist, or arm to overcome the bias toward closure and
open the knife.
(12) "Armor-piercing ammunition" means handgun ammunition that is
designed primarily for the purpose of penetrating metal or body armor
and to be used principally in pistols and revolvers...
(14) "Chemical dispensing device" means a device, other than a small
chemical dispenser sold commercially for personal protection, that is
designed, made, or adapted for the purpose of dispensing a substance capable
of causing an adverse psychological or physiological effect on a human being...
(16) "Zip gun" means a device or combination of devices that was
not originally a firearm and is adapted to expel a projectile through
a smooth-bore or rifled-bore barrel by using the energy generated by an
explosion or burning substance.
*As of September 1, 2017 it is legal own and carry a knife with a blade
over five and one-half inches; a hand instrument designed to cut or stab
another by being thrown; a dagger, including but not limited to a dirk,
stiletto, and poniard; a bowie knife; a sword; or a spear. However, there
are some restrictions when it comes to carrying a knife with a blade over
five and one-half inches, and it is still illegal to own or carry a knife
that has knuckles integrated into the handle, such as M1918 trench knife.
I represent people have been arrested for weapons charges, including:
Houston Criminal Defense Attorney Available 24/7
I know that bad things happen to good people; I also believe that you should
not have to suffer a lifetime of consequences for making a mistake. Call
my office today or fill out our
free case evaluation form to receive the help you deserve, or call my office at
713-468-2394 to schedule a free consultation.