Arrested for a Gun Crime in Houston? Here’s What to Do Next

Facing gun-related charges in Houston, Texas, can be overwhelming. With the state’s relaxed gun laws under constitutional carry, many assume they can carry firearms freely without consequence. However, legal restrictions still apply, and if you’re arrested for a gun crime, understanding your rights and the laws in place is essential.

What Is Considered a Gun Crime in Houston?

In Texas, gun crimes encompass various offenses, ranging from unlawful carrying to more serious charges like aggravated assault with a deadly weapon or even homicide. Common gun-related charges include:

• Unlawful carrying of a weapon – This charge often applies when a person is found carrying a firearm without meeting the legal requirements, such as carrying it in restricted areas like schools or polling places.
• Reckless discharge of a firearm – This offense, also known as “deadly conduct,” occurs when someone knowingly fires a gun in a manner that could endanger others, even if no one is injured.
• Possession by a prohibited person – Certain individuals, such as convicted felons or those with restraining orders, are prohibited from owning firearms under both state and federal laws.

Recent Changes in Texas Gun Laws

Since 2021, Texas has allowed individuals over 21 to carry handguns openly or concealed without a permit under the constitutional carry law (House Bill 1927). While this law broadens gun rights, it doesn’t eliminate the penalties for improper or unlawful gun use. For instance, carrying a firearm in prohibited places like schools and universities remains illegal.

Another significant legal change involves the ability to expunge records for individuals previously convicted of unlawful carry before the passage of House Bill 1927. This is an essential development for anyone looking to clear their record and move forward without the stigma of a gun-related conviction.

Understanding Texas Gun Storage Laws

In Texas, proper gun storage is just as important as knowing the rules for carrying a firearm. State law does not require gun owners to lock up their weapons, however, they do require that they be kept out of the reach of children. If a child under 17 gains access to a firearm that is not securely stored, the gun owner could face criminal charges. This is especially critical if the firearm is discharged, causing serious injury or death.

Additionally, Texas law emphasizes that firearms should be kept inaccessible to prohibited individuals, such as those with a felony conviction or a restraining order. By securely storing your firearm, not only do you comply with the law, but you also reduce the risk of accidental injuries or unauthorized access. A responsible gun owner knows that secure storage is key to avoiding potential legal trouble.

Key Steps to Take After Being Arrested for a Gun Crime

If you’ve been charged with a gun crime in Houston, here are the immediate steps you should take:

Understand the Charges You’re Facing

Gun crime charges can range from misdemeanors to felonies. For example, carrying a firearm while intoxicated or in a restricted area can escalate a misdemeanor charge to a felony. Knowing the severity of your charges is crucial to building a defense.

Exercise Your Right to Remain Silent

After an arrest, anything you say can be used against you in court. Politely decline to answer questions without legal representation present. A skilled attorney can advocate for the protection of your rights. 

Hire an Experienced Houston Criminal Defense Attorney

Gun crimes in Texas carry serious consequences, including potential jail time, fines, and the long-term impact of a criminal record. Working with a lawyer experienced in Houston’s gun laws can make a significant difference in your case. They will analyze the charges, gather evidence, and develop a defense strategy tailored to your situation.

Common Defenses for Gun Crimes in Texas

Several defenses can be employed in gun crime cases, depending on the circumstances of the arrest. Some common strategies include:

• Unlawful search and seizure – If law enforcement obtained evidence illegally without probable cause, your attorney might argue that your rights were violated, leading to a dismissal of charges.
• Lack of intent – In some cases, such as accidental discharge or misunderstanding of the law, the defense can argue that you lacked criminal intent, which could reduce or eliminate charges.
• Self-defense – Texas law permits the display of firearms in self-defense under Texas Penal Code §9.04.This is sometimes referred to as “Stand Your Ground”. If you acted in defense of yourself, others, or property, this defense could be pivotal in court.

The Consequences of a Gun Crime Conviction

Convictions for gun crimes in Texas can have serious consequences, including:

• Jail time – Penalties can range from up to a year in jail for a misdemeanor offense (such as unlawful carrying) to several years in prison for felonies (such as aggravated assault or illegal possession by a felon).
• Fines – Convictions can result in substantial fines, sometimes up to $10,000, depending on the severity of the offense.
• Loss of gun rights – Felony convictions can lead to the permanent loss of your right to own or carry firearms. While Texas allows convicted felons to regain gun rights after five years, this right is limited to their home and doesn’t extend to public spaces.

What Happens If You’re Found with a Gun in a Prohibited Area?

Even with the relaxed constitutional carry law, Texas strictly regulates where firearms can be carried. You could face severe penalties for possessing a gun in certain locations, including:

• Schools and college campuses
• Bars and restaurants that derive more than 51% of their revenue from alcohol sales
• Government buildings
• Airports and polling places

If you’re caught carrying a gun in one of these restricted areas, your charges could escalate to a third-degree felony, carrying a potential prison sentence of 2 to 10 years.

How a Texas Criminal Defense Attorney Can Help

Navigating the complexities of Texas gun laws can be daunting. A seasoned Houston criminal defense attorney will help you understand the charges, evaluate the evidence, and create a defense strategy. With so much at stake, including your freedom and gun rights, having a skilled lawyer by your side is essential.

Facing Gun Charges in Texas? Call Chernoff Law Today for a Free Case Evaluation

If you’ve been arrested for a gun crime in the Houston area, don’t wait to seek legal help. The team at Chernoff Law has over 30 years of experience defending clients against gun-related charges. We know how to navigate the Texas legal system and will fight to protect your rights.

Reach out to us today at 713-222-9141 for a free consultation and let us help you build a strong defense.
Disclaimer: The information provided is not legal advice and does not establish an attorney-client relationship.