Unlawful Possession of a Firearm Defense Lawyer in Dallas | Dallas Firearm Possession Lawyer | Skilled Legal Help
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Accused of unlawful possession of a firearm in Dallas? Victoria Barr Law provides experienced legal defense to protect your rights and your future.
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Charged with Unlawful Possession of a Firearm?
Texas law strictly regulates firearm possession, especially for felons or those in restricted categories. Our attorneys in Dallas-Fort Worth will build a defense tailored to your unique case.
Call Us Now: 214-799-3961Related Weapon Offenses Defense Services
Unlawful Possession of a Firearm by Felons | Texas Penal Code §46.04
Under **Texas Penal Code §46.04**, individuals with felony convictions are prohibited from possessing firearms within certain timeframes and conditions. A conviction can result in **severe penalties, including lengthy prison sentences and hefty fines**. At Victoria Barr Law, we provide **expert legal representation** to challenge the charges and protect your rights.
What Does Texas Penal Code §46.04 Prohibit?
Texas Penal Code §46.04 makes it illegal for a person previously convicted of a felony to **possess a firearm** under the following conditions:
- Possessing a firearm within **five years** of release from confinement, parole, or probation following a felony conviction.
- Possessing a firearm **outside the felon’s residence**, even after the five-year period.
- Possessing a firearm in violation of **federal law**, which may impose stricter or additional restrictions.
Penalties for Unlawful Possession of a Firearm
- Third-Degree Felony: Punishable by **2 to 10 years in prison** and fines of up to **$10,000**.
- Enhanced Penalties: If the firearm possession occurs in restricted areas (e.g., schools or government buildings) or is linked to other criminal activity, penalties can be more severe.
Common Defenses Against Firearm Possession Charges
- Illegal Search or Seizure: If the firearm was discovered through an unlawful search or without proper warrants, we may seek to suppress the evidence.
- Lack of Knowledge: Demonstrating that the defendant was unaware of the firearm’s presence or had no intent to possess it.
- Mistake of Fact: Proving that the individual believed they were legally permitted to possess the firearm.
- Violation of Constitutional Rights: Challenging any procedural violations during arrest or investigation.
How Victoria Barr Law Can Help
- Schedule a Consultation: We’ll meet with you to discuss your charges and review the details of your case.
- Develop a Defense Strategy: We’ll tailor a defense based on the facts and applicable legal protections.
- Challenge the Evidence: We’ll investigate the legality of how the firearm was discovered and challenge improper evidence.
- Representation in Court: Our team will advocate vigorously to protect your freedom and minimize penalties.
Client Success Stories
“Victoria Barr Law’s defense strategy helped me get my firearm possession charge reduced. Their dedication and expertise saved me from a lengthy sentence.” – Chris D.
“I was facing serious charges as a felon in possession of a firearm, but Victoria Barr Law fought hard and got my case dismissed. I highly recommend them.” – Jessica T.
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Frequently Asked Questions About Unlawful Possession of a Firearm
Unlawful possession of a firearm in Texas occurs when an individual prohibited by law, such as a convicted felon or someone under certain protective orders, has a firearm in their possession.
Prohibited persons include convicted felons, individuals under certain protective or restraining orders, those convicted of domestic violence, and individuals under the age of 18 in most circumstances.
Penalties depend on the circumstances. For example, a convicted felon possessing a firearm is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.
Under Texas law, a convicted felon may legally possess a firearm in their home five years after completing their sentence, probation, or parole. However, federal law still prohibits firearm possession by felons.
Yes, individuals under certain protective or restraining orders are prohibited from possessing firearms. Violating this restriction can result in felony charges and imprisonment.
In Texas, individuals must generally be at least 18 years old to possess a firearm. Exceptions exist for certain circumstances, such as hunting or being under direct supervision of a parent or guardian.
Defenses may include lack of knowledge, mistaken identity, proving lawful possession, or constitutional challenges. A defense attorney can assess the case and develop a legal strategy.
Yes, charges may be reduced or dismissed if there is insufficient evidence, procedural errors, or successful plea negotiations. First-time offenders may also be eligible for diversion programs in some cases.
Yes, individuals charged or convicted of unlawful possession of a firearm may lose their concealed carry rights. Eligibility for reinstatement depends on the specifics of the conviction and subsequent actions.
A defense attorney can challenge the prosecution’s evidence, negotiate plea deals, and advocate for reduced charges or dismissal. They work to protect your rights and minimize the impact of charges on your life.