Gun / Firearm Charges

There are a number of Texas laws regulating firearms. The purpose of these laws is to ensure citizens possess and operate firearms without endangering the community. The main firearm charges brought in Texas include:

• Unlawful Possession of a Firearm
• Unlawful Discharge of a Firearm
• Possession of a Firearm by a Convicted Felon
• Unauthorized Trafficking in Firearms
• Arrests at Bush International or Houston Hobby Airport

If you are charged with any of these firearm offenses it is of the greatest importance that you seek legal assistance right away. A knowledgeable defense attorney will help you navigate the legal system. A conviction for a firearm charge might bar you from ever getting a license to carry a gun again. It is vital that you contact a competent attorney to assure that you maintain your right to carry a weapon.

Houston Gun Crimes Attorney

Matt Horak is an experienced Houston attorney dedicated to defending you against firearm charges. Currently, Matt Horak is defending firearm charges in the greater Houston area including Harris county and Montgomery county. Contact Mr. Horak immediately if you have a felony arrest or conviction at (713) 225-8000 or toll-free at (800) 225-8009 to discuss your case.

Gun and Firearms Information Center

• Types of Firearms
• The Right to Bear Arms
• Firearms Safety Tips
• Unlawful Possession of a Firearm
• Possession of a Firearm by a Convicted Felon
• Unauthorized Trafficking in Firearms

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Types of Firearms

Attorney Matt Horak, defends those accused of crimes involving all types of firearms, including :

• Pistols
• Rifles
• Shotguns
• Semi-automatic
• Handguns
• Revolvers
• "Derringers"

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The Right to Bear Arms

The Right to Bear Arms is the second amendment located in the Bill of Rights included in the U.S Constitution. The official language in the Constitution says, “A well regulated Militia being necessary to the security of a Free State, the right of the people to keep and bear arms shall not be infringed.” There are many Supreme Court cases that have clarified how citizens can use their right to bear arms. The most recent Supreme Court cases include District of Columbia v. Heller (2008) which said individuals have the right to possess a firearm unconnected to service in a militia, and citizens are allowed to use the firearms for lawful purposes such as self defense. It is important to find a lawyer with knowledge about federal firearm laws and Texas laws. When the Supreme Court renders a decision about firearms it sets a precedent for states to follow. A Texas lawyer familiar with the recent Supreme Court decisions and the local courts can tailor a unique defense to defend against your firearm charges.

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Firearm Safety Tips

1. Always keep the muzzle pointed away from people.
2. Keep your firearm unloaded when not actually in use.
3. A gun is not safe just because the safety is one. Treat a gun with the safety on carefully.
4. Use proper ammunition for your firearm.
5. Wear ear and eye protection when shooting a firearm.
6. Do not alter or modify your firearm.
7. Make sure you clean your firearm on a regular basis.
8. Attend a safety class to learn how to handle your firearm.
9. Store bullets and your firearm separately
10. Invest in a gun safe if you are keeping firearms in the home.

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What is Unlawful Possession of a Firearm?

In Texas Unlawful Possession of a Firearm applies to people who have been convicted of a felony and they obtain a firearm before the five year anniversary of the conviction for the felony. The Texas Penal Code Section 46.04 contains more information about this charge. The best thing to do is contact a lawyer to discuss the specific circumstances of your case.

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What is Possession of a Firearm by a Convicted Felon?

Possession of a Firearm by a Convicted Felon is a federal weapons charge. It is considered illegal in every state for a convicted felon to have possession of a firearm. It does not matter if the felon actually uses the weapon or if the weapon is loaded or not. Just having the firearm in a convicted felon’s possession is breaking the law. Because both state and federal laws are involved it is important to contact a firearms defense lawyer if you have questions regarding your possession of a firearm.

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What is Unauthorized Trafficking in Firearms?

Unauthorized Trafficking in Firearms can encompass several federal offenses. Firearm trafficking can mean smuggling, weapons trafficking, possession of a weapon for the purpose of trafficking or transfer of a firearm without authority. The punishments for these offenses can range from one year to a maximum of ten years. It is important to consult with a lawyer about your individual criminal history. It is possible to incur more jail time due to a prior criminal history.

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Resources

National Rifle Association - The NRA defends second ammendment rights and is actively involved in making sure that citizens maintain their right to own firearms.

Texas Parks and Wildlife - This site gives information on Texas hunting licenses and permits.

U.S Constitution - The U.S Constitution clearly enumerates the rights of citizens and the protections offered by the federal government.

Matt Horak Texas Gun Crimes Lawyer

The Law Offices of Matt Horak represent clients in Houston, Texas and the surrounding areas, including all of Harris and Montgomery Counties. Mr. Horak has experience representing clients at all phases of trial, from answering simple questions to fighting for the accused in court. If you are located in Harris or Montgomery County and you need legal assistance regarding weapons charges, call The Law Offices of Matt Horak today at (713) 225-8000 or toll-free at (800) 225-8009.