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How to Fight a Gun Charge in Texas

April 22, 2021

Getting charged with illegal possession of a gun or other weapon in Texas can have severe consequences. Whether you’re facing a misdemeanor or felony charge, you need to take prompt action to defend yourself from the charges. 

Read on to learn more about how to fight a gun charge with the help of a Dallas criminal defense lawyer

What Are Gun Laws in Texas?

The state of Texas in recent years has moved to adopt an open-carry system for gun-owners in the state. The catch is that the state still requires you to have a concealed carry permit in order to legally keep your gun on you in most instances. 

Illegally carrying a gun is Class A misdemeanor. However, illegal carry taking place at a school, bar, the polls on election day, or a courthouse, the offense becomes a felony in the third degree. 

There are also guns that have been outlawed altogether. Weapons such as sawed-off shotguns, machine guns, homemade guns and grenades are illegal under any circumstances. Getting caught with any of these weapons could also lead you to be charged with a third-degree felony. 

Common Defenses to Gun Charges 

The defense strategy you choose when facing a gun charge will depend on the nature of the arrest and the type of charges you’re facing. 

Most of the time, in the state of Texas, gun charges are filed as the result of coming into contact with a police officer. A classic example of this is when you are stopped by an officer, either for committing some sort of traffic violation or passing through a checkpoint.

If illegal gun charges are filed as the result of a search of your car or motor vehicle, some of the common defenses you can use include:

  • The Search of Your Vehicle Was the Result of an Illegal Stop – In order for the police to legally stop your vehicle, they have to have a reasonable suspicion you have either committed a crime, are committing a crime or will commit a crime. They also have to explain this reasoning in court. If they can’t, and they had no legal basis for pulling you over, then any evidence from their search can be suppressed in court. 
  • The Search of Your Vehicle Wasn’t Legal – Police officers need either probable cause or your consent to search your vehicle after pulling you over. Probable cause could include anything from smelling marijuana from your vehicle, or seeing a gun on the dashboard. However, if they don’t have probable cause, then the search was illegal, and won’t stand up in court. 
  • Your Consent to a Search Was Coerced – In order for you to be able to consent to a search of your vehicle, your consent must be voluntary. When your consent is not voluntary, it may be the result of having been coerced by the police officer. If you feel this is the case, a criminal defense lawyer can help you question the legality of the search. 
  • The Gun in Your Car Isn’t Actually Yours – It’s possible you weren’t aware of the existence of the gun in your vehicle, and someone else placed it there. 

These are just a few defenses a lawyer could help you develop in response to a gun charge. If you’ve been arrested, don’t wait to contact an experienced gun charge lawyer with Chris Lewis & Associates P.C. today. 

Contact a Gun Charge Lawyer Today 

Have you been charged with a gun-related charge in Texas? Don’t wait—let a qualified attorney go over with your legal options with you as soon as possible. 

Contact Chris Lewis & Associates P.C. now by calling 214-665-6930 or by filling out the form on our website. 


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