Austin Weapons Lawyer

Defense Strategy in Weapons Cases

A weapons case, like a drug case, often has a search and seizure issue that I can exploit. Beyond that, I examine whether the state can affirmatively link my client to the weapon. I also look for a defense that may justify my client’s possession of the weapon – there are many defenses provided under Texas law. My client may not have possessed an unlawful weapon at all – police officers often misidentify common objects as illegal clubs, for example. In an appropriate case, we may offer to forfeit the weapon in exchange for a dismissal or a reduced offense.

Unlawful Weapons

It is unlawful to possess or carry many types of weapons in Texas. Under the "unlawful carrying of weapons" statute, it is a misdemeanor for someone to carry or possess a handgun, an illegal knife, or a club. An "illegal knife" includes a single-edged knife with a blade length in excess of 5 ½ inches, a double-edged knife of any length, a sword, and a spear. A "club" is defined as anything made or adapted to strike someone and cause serious injury. Under the "prohibited weapons" statute, a person cannot possess, among other things, an explosive device, a machine gun, a short-barreled firearm, or a switchblade knife. Since 1995, Texas law has allowed an individual to carry a handgun so long as the individual obtains a permit to do so, conceals the gun, and does not carry the gun into bars, schools, churches, hospitals, or other sensitive locations.

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