Your Phone Number Here
City, State Zip
McAllen Weapons Charge Criminal Defense Attorney | Hidalgo County, TX Gun Offenses | Right to Bear Arms
Second Amendment- Right to Keep and Bear Arms
Many Texans love their guns and folks in McAllen are no different. There are dozens of gun dealers in the McAllen metroplex. With so many guns around it is important to know your rights and limitations. The Right to Bear Arms is the 2nd amendment in the Bill of Rights in the U.S Constitution. The official language in the U.S. and Texas Constitutions is:
U.S. Constitution, amendment II: 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.
Texas Constitution Article I, Section 23: RIGHT TO KEEP AND BEAR ARMS. Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.
In District of Columbia v. Heller (2008), the Supreme Court ruled that the Second Amendment protects an individual's right to possess a firearm, unconnected to service in a militia and to use that arm for traditionally lawful purposes, such as self-defense within the home.
What guns are legal to carry in Texas?
It is important to remember that firearm owners must follow the firearm laws of the state in which they are carrying, rather than laws of the state where their gun permit was issued. You must know the laws of each state into which you carry a gun. In Texas, a rifle, shotgun, or other long-barreled firearm may be carried openly. However, a license to carry is required for handguns and those guns must be concealed. To obtain a license you must submit an application for a concealed handgun license to the Texas Department of Public Safety.
What weapons are prohibited in Texas?
It is a 3rd degree felony to possess, manufacture, transport, repair or sell the following weapons unless it is part of your job in the armed forces, law enforcement, or at a correctional facility:
It is a Class A misdemeanor to possess, manufacture, transport, repair or sell a switchblade knife or knuckles. It is a defense if the switchblade knife, springblade knife or short-barreled firearms are handled solely as antiques or curios.
Unlawful Carrying of Weapons
It is an offense to carry, on or about your person, a handgun, illegal knife, or club when you are not at home or on premises you control, or in or directly en route to your car or one you control. It is also illegal to carry your gun in plain view in the car, if you are a felon or otherwise prohibited from possessing a firearm are engaged in criminal activity other than a Class C misdemeanor traffic violation, or are an alleged member of a criminal street gang. The prosecutor would have to prove all of the elements of these crimes, including gang membership and the nature of the gang. Unlawful carrying of weapons is a Class A misdemeanor unless carried on premises licensed or issued a permit to sale alcoholic beverages. Then it is a 3rd degree felony and a license to carry a concealed handgun is not a defense in that case.
Places weapons prohibited
Unless it's within your official duties or by written regulation, it is illegal to possess a firearm, illegal knife, club or other prohibited weapon on a school or educational premises or one sponsored by a school or educational institution, or in a school bus or vehicle, in a secured area of an airport, at a polling place during an election or early voting, in court or court office buildings, at a racetrack, or within 1000 feet of a place of execution the day of an execution.
A license to carry a concealed handgun is not a defense in these cases.
Unlawful carrying by license holder
It is unlawful even for a license holder intentionally to carry a handgun unconcealed or on premises where alcohol is sold, under certain specified conditions, at a high school or college or professional sporting event, at a correctional facility, amusement park, nursing home, church, synagogue, or other place of worship. It is illegal to carry a gun concealed or not to a meeting of a governmental entity.Certain occupational exceptions apply.
Unlawful possession by a felon
If you have been convicted of a felony, you may not lawfully possess a firearm after conviction before the fifth anniversary (five years) of your release from confinement (after conviction--not while out on bail!) or release from supervision under community supervision, parole, or mandatory supervision, whichever is later. After that, you still cannot possess a firearm at any location other than the premises where you live. It is a 3rd degree felony for a convicted felon to possess metal armor or body armor.
If you have been convicted of Class A misdemeanor assault against a family or household member, it is an offense to possess a firearm before the fifth anniversary of the date of release from confinement, or the date of the released from community supervision, whichever is later.
Interstate purchase of weapons
A Texas resident may not purchase firearms, ammunition, reloading components, or firearm accessories in contiguous states if otherwise precluded by law.
2714 North 10th Street,
McAllen, TX 78501,
Resilient Defense Systems
6100 North 10th Street,
McAllen, TX 78504,
Pineda's Guns N Hoses
104 South 16th Street,
McAllen, TX 78501-5129,
Ronin Tactical Strategies
1001 East Whitewing Avenue,
McAllen, TX 78501,
Packin Heat Leather Co
100 East Jonquil Avenue,
McAllen, TX 78501-9452,
Academy Sports & Outdoors
716 East Expressway 83,
Mcallen, TX 78503-1609,
Weapon-free school zone
Punishment is enhanced if you knew the offense was committed within 300 feet of a school, or where a school function or University interscholastic League event was taking place
The prosecution must prove you possessed the requisite knowledge and intent in order to successfully prosecute these crimes. If you have been charged with a weapons offense, it important to find a McAllen, Texas Criminal Lawyer who is knowledgeable about both Texas Weapons Laws and Federal Firearm Statutes. A Texas lawyer familiar with the most recent Supreme Court and the state court decisions can tailor a defense against your firearm charges.
Making a firearm accessible to a child
A person commits an offense if a child under 17 gains access to a readily dischargeable firearm and the person with criminal negligence failed to secure the firearm or left it in a place he knew or should have known the child would gain access.
Other Weapons Offenses
- Sell ammunition or firearm to anyone who is intoxicated
- Sell ammunition or firearm to a minor under 18
- Sell, rent lease, loan or give a handgun to anyone who intend to use it to commit a crime
- Sell ammunition or firearm to a felon before the requisite five year anniversary
- Sell, rent lease, loan or give a handgun to any person knowing there was an active protective order directed to the person
- Possess Components of Explosives with the intent to make an explosive weapon for use in a crime.
- Carry or conceal a deadly weapon in a Penal Institution
- Purchase, rent, lease or receive a handgun as a loan or gift from someone while under an active protective order
- Make, buy, transport and sell Hoax Bombs to fool or alarm someone or provoke a public safety agency or organization
Academy Sports and Outdoors and other outdoor gear stores have many guns, knives, and hunting & fishing products and at the following locations:
Academy Sports + Outdoors 0034
716 East Expressway 83 (at McColl Rd)
McAllen, TX 78503
2213 North 10th Street,
McAllen, TX 78501-4001,
Academy Sports + Outdoors 0131
3901 Expressway 83 (at Ware Rd)
McAllen, TX 78501
Academy Sports + Outdoors 0130
651 East Trenton Road
Edinburg, TX 78539
The McAllen criminal defense lawyers on this site will zealously advocate for your rights.
Serving clients throughout Southern Texas, including Alamo, Alton, Citrus City, Combes, Doffing, Donna, Doolitte, Edcouch, Edinburg, Elsa, Granjeno, Harlingen, Hidalgo, La Horna, La Joya, La Villa, Lopezville, Lull, McAllen, Mercedes, Mission, Olivarez, Palmhurst, Palmview, Pharr, Progreso, Raymondville, San Juan, Sullivan City, Weslaco and other communities in Hidalgo County.