The Second Amendment to the United States Constitution and Section 23 of Article 1 of the Texas Constitution both protect the right of people to keep and bear arms. Gun rights, however, are not unlimited and people can face criminal charges for possessing certain prohibited weapons or carrying firearms in prohibited places.
Many weapons and firearms crimes carry steep penalties, and alleged offenders can also see criminal charges for other offenses enhanced if they are accused of possessing a weapon or firearm during the commission of the alleged offenses. Convictions not only can result in possible incarceration and fines, but alleged offenders can also lose their right to possess a weapon or firearm again.
Weapon / Firearm Crimes Defense Lawyer in Plano, Allen, Frisco, and McKinney, TX
If you were arrested anywhere in Collin County for an alleged firearm or weapon offense, it is in your best interest to immediately retain legal counsel. Law Offices of Richard C. McConathy aggressively defend clients in McKinney, Plano, Allen, Frisco, and many surrounding areas of Collin County.
Criminal defense lawyers Richard McConathy and Brian Bolton can fight to possibly get your criminal charges reduced or dismissed. Call (469) 304-3422 right now to have our attorneys review your case and answer all of your legal questions during a free initial consultation.
Prohibited Weapons and Firearms in Texas
Texas Penal Code § 46.05 makes it a criminal offense for a person to intentionally or knowingly possess, manufacture, transport, repair, or sell any of the following:
- Explosive Weapon — 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;
- Machine Gun — Any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger;
- Short-Barrel Firearm — A rifle with a barrel length of fewer 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;
- Firearm Silencer — Any device designed, made, or adapted to muffle the report of a firearm;
- Knuckles — 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;
- Armor-Piercing Ammunition — Handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers;
- Chemical Dispensing Device — 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;
- Zip Gun — 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; or
- Tire Deflation Device — A device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle’s tires (does not include a traffic control device that is designed to puncture one or more of a vehicle’s tires when driven over in a specific direction and has a clearly visible signposted in close proximity to the traffic control device that prohibits entry or warns motor vehicle operators of the traffic control device).
Additionally, Texas Penal Code § 46.03 also makes it unlawful for an alleged offender to intentionally, knowingly, or recklessly possess or go with a firearm, illegal knife, club, or prohibited weapon listed above:
- On the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private (unless pursuant to written regulations or written authorization of the institution or the alleged offender possesses or goes with a concealed handgun that the person is licensed to carry and no other weapon to which this section applies, on the premises of an institution of higher education or private or independent institution of higher education, on any grounds or building on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution);
- On the premises of a polling place on the day of an election or while early voting is in progress;
- On the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
- On the premises of a racetrack;
- In or into a secured area of an airport; or
- Within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited, or possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.
Types of Weapon / Firearm Crimes in Collin County
Firearm or weapon possession allegations can have a dramatic impact on certain criminal charges. Some offenses such as assault, robbery, or kidnapping involving the alleged possession of a weapon or firearm can result in aggravated criminal charges.
In other cases, the possession or use of a firearm or weapon itself can be a criminal offense. Some of the types of weapon and firearm crimes people are frequently charged within Collin County include, but are not limited to:
- Unlawful Possession of a Firearm
- Unlawful Transfer of Certain Weapons
- Possession of a Prohibited Weapon
Texas Resources for Weapon / Firearm Crimes
National Rifle Association (NRA) — The NRA is a nonprofit 501(c)(4) social welfare organization that identifies itself as “America’s foremost defender of Second Amendment rights.” Visit this website to learn more about the organization, its history, and some of its political and legislative efforts. You can also find NRA programs in your area through an interactive map on this website.
Northwest Texas Field Offices | Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) — The ATF is the federal law enforcement organization within the United States Department of Justice (DOJ). One of its main responsibilities is investigating and preventing federal offenses involving the unlawful use, manufacture, and possession of firearms and/or explosives. On this section of its website, you can learn more about the multiple field offices that the ATF has in its Northwest Texas region.
Find a Collin County Weapon / Firearm Crimes Defense Attorney | Law Offices of Richard C. McConathy
Were you recently arrested for an alleged firearm or weapon offense anywhere in the greater Collin County area? Do not say anything to authorities until you have legal representation. Contact Law Offices of Richard C. McConathy today.
Richard McConathy and Brian Bolton are experienced criminal defense attorneys in Plano who represent individuals throughout Collin County, including Frisco, Allen, Plano, McKinney, and several other nearby communities. They can provide a complete evaluation of your case as soon as you call (469) 304-3422 or fill out an online contact form to schedule a free, confidential consultation.