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Gun Possession In Prohibited Areas: Defending Firearm Charges In Galveston

By: Mark Diaz January 20, 2025 no comments

Gun Possession In Prohibited Areas: Defending Firearm Charges In Galveston

Gun possession is a serious matter in Texas, especially when it occurs in prohibited areas. Texas has strict laws surrounding firearm possession, and when someone is caught carrying a firearm in a location where it is not allowed, they can face severe legal consequences. As Galveston defense attorneys who handle gun-related cases, we understand how overwhelming this process can be for you. If you or a family member are accused of possessing a firearm in a prohibited area, it’s crucial to understand both the specific laws involved and your options for defending yourself in court. In Texas, the law is clear: certain areas are off-limits for firearms, and violating these regulations can lead to significant criminal penalties.

Whether you’re a gun owner who unknowingly violated these restrictions or if the charge stems from a more serious situation, defending yourself against firearm possession charges requires a strong legal strategy. In this article, we will walk you through the key legal issues surrounding gun possession in prohibited areas in Galveston, the ramifications of these charges under Texas law, and how our firm can help you mount a solid defense.

What Are Prohibited Areas For Gun Possession in Texas?

In Texas, firearm laws are generally permissive, but there are still several places where carrying a firearm is prohibited. These areas are specifically outlined in the Texas Penal Code. Some of the most common prohibited areas for gun possession include:

  1. Government Buildings: Carrying a firearm into a government building is illegal under Texas Penal Code § 46.03. This includes courthouses, police stations, and other government facilities.
  2. Schools and School Grounds: The possession of a firearm is prohibited at or near school premises. According to Texas Penal Code § 46.03, you cannot carry a firearm on school grounds, including public and private elementary, middle, and high schools, as well as college campuses.
  3. Correctional Facilities: It is illegal to carry a firearm into a correctional facility. This includes both jails and prisons.
  4. Private Property with Notice: Private property owners in Texas can post signs that prohibit firearms on their premises. If a property owner posts a sign saying that no weapons are allowed, and you carry a firearm onto that property, you could face criminal charges.
  5. Hospitals and Nursing Homes: Texas law also prohibits carrying a firearm into healthcare facilities such as hospitals and nursing homes.
  6. Bars and Establishments Serving Alcohol: Although Texas generally allows carrying a firearm in public places, there are exceptions for places that serve alcohol. If you are carrying a gun in a place that primarily serves alcohol for on-site consumption, you can face criminal charges.

The Consequences Of Gun Possession In Prohibited Areas

Under Texas law, possessing a firearm in a prohibited area can lead to serious criminal consequences, including fines, imprisonment, or both. The severity of the penalty largely depends on the circumstances surrounding the offense and whether the firearm was possessed with the intent to commit a crime.

  1. Class A Misdemeanor: In most cases, possessing a firearm in a prohibited area is classified as a Class A misdemeanor, which is punishable by up to one year in county jail and/or a fine up to $4,000.
  2. Felony Charges: If the firearm possession in a prohibited area is associated with other criminal behavior (e.g., using the weapon to threaten someone or committing a crime with the firearm), more serious felony charges may apply. Felony charges can result in lengthy prison sentences and substantial fines.
  3. Additional Restrictions: Convictions for firearm possession in prohibited areas can result in other penalties, such as a loss of gun ownership rights and restrictions on future firearm purchases.

Defending Against Gun Possession Charges

While the laws regarding gun possession in prohibited areas are clear, it is still possible to build a defense against these charges. Some common defenses to possession of a firearm in prohibited areas include:

  1. Lack of Knowledge: One defense is claiming that you did not know the area was prohibited. For example, if you were not aware that a specific building or property posted a sign prohibiting firearms, this may be used as a defense. However, this defense will depend on the circumstances and whether you reasonably should have known about the restriction.
  2. Second Amendment Rights: In some cases, your attorney may argue that your rights under the Second Amendment to the United States Constitution are being violated. However, this defense is typically limited and difficult to argue in state law cases like those involving prohibited areas for gun possession.
  3. Legal Carrying in Certain Areas: Texas law allows for certain exemptions. For example, if you have a valid concealed carry license, you may be permitted to carry your firearm into certain areas as designated under Texas law.
  4. Improper Arrest or Search: If the police unlawfully searched your vehicle, bag, or person and found the firearm, the evidence may be inadmissible in court due to an illegal search or seizure. This could result in the charges being dropped.

What To Do If You’re Facing Gun Possession Charges In A Prohibited Area

If you have been charged with possessing a firearm in a prohibited area in Galveston or elsewhere in Texas, it’s essential to contact an experienced defense lawyer as soon as possible. Our attorneys can review your case, assess the evidence against you, and help determine the best possible defense strategy. With proper legal representation, you may be able to reduce the charges, avoid a conviction, or minimize the penalties you face.

Firearm Criminal Defense Frequently Asked Questions (FAQs)

What Are The Penalties For Possessing A Firearm In A Prohibited Area In Texas?

Possessing a firearm in a prohibited area in Texas is typically classified as a Class A misdemeanor, punishable by up to one year in county jail and/or a fine of up to $4,000. However, if other criminal activities are involved, felony charges may apply, leading to more severe penalties such as longer prison sentences and larger fines.

Can I Carry A Firearm In A School If I Have A Concealed Carry License?

No, you cannot carry a firearm onto school grounds, even if you have a concealed carry license. Texas law prohibits carrying firearms in schools unless you are a school marshal or meet other specific exemptions.

Are There Any Exceptions For Carrying A Firearm In A Bar Or Restaurant?

Under Texas Penal Code § 46.03, you cannot carry a firearm into a bar or restaurant that serves alcohol for on-site consumption. However, if the establishment does not serve alcohol or is primarily a restaurant, you may be able to carry your firearm.

How Can I Defend Myself Against Gun Possession Charges In A Prohibited Area?

There are several potential defenses, including a lack of knowledge of the prohibition or illegal search and seizure by law enforcement. It’s essential to consult with a qualified attorney who can analyze the specifics of your case and help determine the most effective defense strategy.

Can I Lose My Right To Own A Gun If Convicted Of Possessing A Firearm In A Prohibited Area?

Yes, a conviction for possessing a firearm in a prohibited area can result in the loss of your gun ownership rights. Additionally, certain criminal convictions can make it more difficult to purchase firearms in the future.

Contact Our Galveston Gun Possession Lawyer For A Free Consultation

If you have been charged with possessing a firearm in a prohibited area in Galveston or the greater Houston area, it’s crucial to have an experienced defense attorney on your side. At Mark Diaz & Associates, we are committed to helping clients like you fight gun crime charges and protect your rights. We can analyze the facts of your case, identify any weaknesses in the prosecution’s evidence, and help build a strong defense to reduce or eliminate the charges against you.

Contact our Galveston gun possession lawyer at Mark Diaz & Associates by calling 409-515-6170 to receive your free consultation. We represent clients in Galveston, Houston, and throughout Texas, and we are here to help you defend your rights and secure the best possible outcome for your case.

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