Why Weapons Charges Increase Around the Fourth of July
The Fourth of July is a time for celebration in Texas. From fireworks displays to backyard barbecues, families and friends gather to mark Independence Day. Unfortunately, it is also a time when many people find themselves facing unexpected criminal charges, especially those involving firearms and weapons. At GSB Law, PLLC, led by Attorney Gregory Scott Boling, we regularly defend clients in Denton County and the surrounding areas who face weapons charges after holiday celebrations get out of hand.
Every year, local law enforcement agencies step up patrols and respond quickly to reports of gunfire and other weapons-related activities during the July 4th holiday. While Texas has a long-standing tradition of gun ownership and firearm use, there are clear legal boundaries that, if crossed, can lead to arrest.
Celebratory gunfire is one of the most common issues. Shooting firearms into the air as part of a celebration may seem harmless, but it is illegal and dangerous. Bullets fired into the air must come down somewhere, and injuries or fatalities can result. Even if no one is hurt, discharging a firearm recklessly can lead to serious criminal charges.
Common Types of Weapons Charges in Texas
Several different weapons offenses are frequently charged in Denton County, especially around holidays like the Fourth of July. Understanding the most common charges can help you avoid making mistakes that could result in arrest.
Unlawful Discharge of a Firearm
Under Texas Penal Code § 22.05, discharging a firearm in a reckless manner that endangers others can result in a Deadly Conduct charge, which may be classified as a misdemeanor or felony, depending on the circumstances. Firing into the air or toward another person, even without intent to harm, is considered reckless conduct.
Unlawful Carrying of a Weapon (UCW)
Texas law allows most adults to carry handguns without a license in many public places following the passage of constitutional carry laws. However, there are still restrictions. Carrying a weapon while intoxicated or in certain prohibited locations, like schools, bars, or government buildings, can result in a UCW charge. Around holidays like the Fourth of July, people often mix alcohol with celebrations, increasing the risk of being charged with unlawful carrying.
Disorderly Conduct Involving a Firearm
According to Texas Penal Code § 42.01, displaying a firearm in a public place in a manner calculated to alarm others can lead to a Disorderly Conduct charge. This often comes into play when someone brandishes a weapon during a dispute or in a crowded setting.
Felon in Possession of a Firearm
If you have a prior felony conviction, Texas law strictly prohibits you from possessing a firearm within five years of your release from confinement or parole. Violating this rule is a third-degree felony, and a conviction can mean up to 10 years in prison.
Carrying a Weapon While Intoxicated
Carrying a handgun while intoxicated is a common and serious mistake. Under Texas Penal Code § 46.035, being under the influence of alcohol or drugs while carrying a firearm is a crime, even if you otherwise have the legal right to carry.
Penalties for Weapons Offenses in Texas
Weapons charges in Texas can range from Class C misdemeanors to third-degree felonies, depending on the severity of the offense. Consequences may include:
- Fines ranging from $500 to $10,000
- Jail time or state prison sentences
- Loss of gun ownership rights
- Permanent criminal record
- Difficulty finding employment or housing
Given the potential consequences, it is critical to take any weapons charge seriously.
Common Defenses Against Weapons Charges
If you are arrested on a weapons charge, the specific defense strategy will depend on the facts of your case. However, some of the most common defenses we use at GSB Law, PLLC include:
- Lack of Intent: Proving that the conduct was not reckless or intentional.
- Location Exceptions: Demonstrating that the defendant was legally allowed to possess or carry the firearm where they were.
- Unlawful Search and Seizure: Challenging how the weapon was discovered and whether law enforcement violated constitutional rights.
- Mistaken Identity: Proving that the defendant was not the person involved in the alleged conduct.
- Self-Defense: Showing that the weapon was used in lawful self-defense.
What to Do If You Are Arrested for a Weapons Charge in Denton County
If you are arrested or cited for a weapons offense over the Fourth of July holiday or at any other time, take the following steps immediately:
- Remain Silent: Do not try to explain your actions to police officers at the scene. Anything you say can be used against you later.
- Ask for an Attorney: Politely but firmly ask to speak with your lawyer before answering any questions.
- Contact GSB Law, PLLC: Our experienced criminal defense attorneys, led by Gregory Scott Boling, will review your case, explain your rights, and work to build the strongest defense possible.
Contact GSB Law, PLLC for Weapons Defense in Denton County, Texas
Celebrating the Fourth of July should not end with you facing criminal charges. If you or a loved one has been arrested for a weapons offense in Denton County, contact GSB Law, PLLC today. We are here to protect your rights and fight for the best possible outcome in your case.
Schedule your free consultation today.