Offices in Dallas and Mckinney
Dallas Weapons Lawyers
Being charged with a Weapons offense is a serious matter. A weapons conviction carries consequences that you may not be able to afford. For starters, your right to carry arms may be restricted if you are convicted of a weapons offense. Your 2nd Amendment right to bare arms is precious; don’t let the Government take it away from you. If you are charged with a weapons offense, you need an aggressive lawyer to defend you. Neil Pask has over 25 years experience in the criminal justice system and has the expertise necessary to defend you on a weapons charge.
Unlawful Carrying Weapons (UCW) in Texas
The most common type of Weapons violation in Texas is an Unlawful Carrying Weapons charge. If you knowingly, intentionally, or recklessly carry on or about your person a handgun, club, or illegal knife, you can be prosecuted from Unlawfully Carrying a Weapon or what is usually referred to as a UCW. UCW is a Class A Misdemeanor.
However, the UCW statute creates some exceptions to this charge. If you are on your on premises or premises under your control, you can’t be charged with UCW. Also, if you are inside your vehicle under your control, you are innocent of UCW. However, if the weapon in question is in “plain view” within your vehicle, you can be charged with UCW.
Unlawful Possession of a Firearm
An individual who has been convicted of a felony cannot possess a firearm until 5 years has passed since his conviction or when he is discharged from probation or parole, whichever is later. Even after the five-year period has passed, a convicted felon cannot possess a firearm except where the person lives. Unlawful Possession of a Firearm is a Third Degree Felony.
A person can be prosecuted for Possessing a Prohibited Weapon if a person intentionally or knowingly possesses, manufactures, transports, repairs or sells:
- An explosive weapon
- A machine gun
- A short barrel firearm
- A firearm silencer
- A switchblade knife
- Armor-piercing ammunition
- A chemical dispensing device
- A zip gun
Places Weapons Prohibited
An individual cannot intentionally, knowingly, or recklessly possess a firearm, club, illegal knife, or a prohibited weapon at a:
- Polling Place
This offense is a Third Degree Felony. Many people have accidentally left a gun in a bag that they carry to an airport. Since 911, many of these cases are filed. But just because you possess a weapon on the premises of an airport doesn’t automatically make you guilty of a criminal offense. The State still must prove that the person being charged intentionally, knowingly or recklessly possessed the weapon. Neil Pask has been successful in getting many of these cases “No Billed” in the Grand Jury or dismissed in the trial court.
In many instances the Government will charge someone with a weapons violation based on the fruits of an illegal search and seizure. Many times the police will stop a vehicle without having a reasonable suspicion to believe that the driver has committed a traffic offense or is connected with some form of criminal activity. In those situations, Pask Law will file a Motion to Suppress evidence on his client’s behalf alleging an illegal search and seizure. If the Motion to Suppress is granted, the case will be dismissed.
If you are charged with a Weapons violation, contact Pask Law for a free consultation.