Gun-related offenses in Texas carry serious consequences. If you’re facing a felony gun possession charge, it’s no casual matter. I’m Tad Nelson, founder of Tad Nelson & Associates.
I’m Board Certified® in Criminal Law by the Texas Board of Legal Specialization™ (see my profile) and hold a Master Degree in Forensic Science. I’ve been practicing law in Galveston since 1991, and I know how high the stakes can get. Let’s talk about how these laws work, possible penalties, and strategies that could help you defend yourself.
Understanding Felony Gun Possession Laws in Texas
Texas law typically allows lawful gun ownership, but those with felony convictions (or even certain misdemeanor family violence convictions) can end up with restricted rights to own or carry firearms. If you’ve previously been convicted of a felony, possession of a firearm could trigger fresh felony charges. These laws are spelled out in Section 46.04 of the Texas Penal Code, which covers unlawful possession.
But that’s not all. If prosecutors find aggravating factors—like having a weapon on you during the commission of another offense—the penalties can pile up quickly. In some cases, prior convictions can turn what might’ve been a lower-level felony into a more severe charge.
The Potential Consequences
Felony gun charges in Galveston County can lead to:
-
Prison Time: If convicted, you could face years behind bars. For instance, an unlawful possession of a firearm by a felon can be charged as a third-degree felony, carrying a possible sentence of 2 to 10 years in prison.
-
Hefty Fines: Felony convictions often come with fines that can reach thousands of dollars.
-
Long-Term Implications: Another felony on your record can make it harder to secure a job, housing, or professional licensing in the future.
Those outcomes can disrupt your life in a heartbeat. Whether you’re in League City, Dickinson, or right here on Galveston Island, any felony gun charge is a tall order. But hope isn’t lost.
Common Defenses and Strategies
Every case is unique, and so is every potential defense strategy. Here are a few routes we often explore:
-
Challenging the Evidence
Sometimes the police or investigators seize a firearm in ways that infringe on your Fourth Amendment rights. If we can show an illegal search, the entire case may crumble. -
Ownership vs. Control
Possession in Texas law doesn’t always require the firearm to be literally in your hand or on your person. If the prosecution can’t prove you actually controlled the gun, we might be able to keep it from being pinned on you. -
Constitutional Considerations
Gun rights are enshrined in both federal and Texas law. Certain recent rulings could shape the way courts look at firearm possession restrictions. Staying on top of evolving legal precedents can make or break a case.
Our Approach in Galveston County Courts
When you’re up against a felony firearm charge, a cookie-cutter approach won’t cut it. My team and I at Tad Nelson & Associates delve into every nuance:
Investigating Police Conduct: We examine body cam footage, dispatch records, and any relevant documentation to spot questionable or overzealous enforcement tactics.
Scrutinizing Prior Convictions: If your previous record is the cornerstone of the state’s case, we’ll take a thorough look at that file. Mistakes or procedural errors in old convictions sometimes give you an edge.
Negotiating Plea Options: While we’ll fight aggressively in court, not every client wants the uncertainty of a trial. We can sometimes press the prosecution for a reduced charge or lesser penalty, depending on your priorities.
Arrested in Galveston on a Gun Charge?
Take Control: Contact Our Office
Felony gun charges aren’t simple. We know the terrain of Galveston’s court system—and we’re prepared to fight. Let’s figure out how to protect your freedom, finances, and future.
Call us right now at 409-765-5614. Or, if you prefer, visit our Contact Page to request a consultation directly through the site. We have strong Google reviews (check them out) and a proven track record of assisting individuals facing high-stakes criminal allegations.
Remember, I’m Board Certified® in Criminal Law and have been at this for over three decades. My co-counsel, Attorney Amber Spurlock, also brings years of experience to our office. Together, we’re ready to fight for your best possible outcome.
