Although state and federal laws permit individuals to carry certain guns in the state, restrictions can limit your right to bear arms. Because of this, anyone who possesses or carries a weapon illegally could face severe penalties.
If you have been charged with an offense or denied the right to possess your guns, consult a knowledgeable Beaufort gun lawyer. Schiller & Hamilton’s skilled criminal defense attorneys understand local firearm laws and could vigorously defend you if you have been accused of an offense like this.
Firearm Crimes in Beaufort
The U.S. Constitution’s second amendment permits citizens to possess and carry firearms, however, there are complex laws that regulate these rights under certain circumstances. Firearm-related crimes include unlawful possession of a firearm by a person with a felony conviction, possessing a weapon without a License to Carry (LTC), unlawful discharge of a firearm in a public place, unauthorized trafficking of weapons.
Using a firearm during the commission of another crime, like assault, can result in enhanced penalties. Any person charged with a gun-related offense is well-advised to seek guidance from a capable attorney in Beaufort.
Securing a License to Carry Guns
A registered gun owner may obtain a license to openly carry their weapons through the Texas Department of Public Safety. To apply, a person needs identification, contact information, verification of residence and employment, explanation of criminal history, and a valid email address.
If an applicant has difficulty securing the LTC, they should speak to a capable Beaufort weapon attorney for guidance.
An LTC Does Not Preclude all Weapon Charges
Even if someone has an LTC, they could face criminal charges for certain actions. For example, if a licensed gun owner intentionally takes their weapon out of the holster and shows it to another person, they could be charged with improper display of a handgun.
If a gun owner carries a concealed weapon on a property where posted signs prohibit entering with weapons, they could face a misdemeanor charge punishable by a fine. However, if the property owner asks them to leave and they refuse, the gun owner could be sentenced to up to a year in jail and a $4,000 fine.
There are some locations where it is generally impermissible to carry a weapon, even with an LTC. Some of these include:
- Businesses licensed by the Alcoholic Beverage Code
- Hospitals
- Nursing homes
- Correctional facilities
- Houses of worship
- High school and colleges
- Professional sporting events
- Polling places if voting is in process
- Court buildings and offices unless expressly permitted in writing
A gun owner should consult a seasoned firearm attorney in Beaufort before carrying a weapon onto any location that is not their own property.
Defenses against Firearm Allegations
If a someone carries a firearm at a prohibited location, they may have certain defenses depending on their employment and the reason they possessed the weapon. For example, a correctional officer, an officer of the court, or a military member is permitted to carry in otherwise prohibited locations if they are performing their job. Certain individuals may also carry their weapon to and from their job site. A practiced gun defense attorney could assess a Beaufort case and determine the defendant’s legal options moving forward.
Contact an Experienced Beaufort Gun Attorney Today
Because federal and state law enforcement takes considerable action to reduce violence involving weapons, laws regarding them are strictly enforced. Any charge like this should be taken seriously and defended aggressively.
If you face criminal charges involving a firearm, reach out to a knowledgeable Beaufort gun lawyer as soon as possible. A legal team at Schiller & Hamilton could work diligently to protect your rights and reach a favorable outcome in your case. Call our office today to learn more.