Legal Question in Criminal Law in Texas

Unlawful Carry of a Weapon

Is it a defense to the charge of Unlawful Carry of a Weapon if the defendant was purchasing or trading for a handgun and was bringing those purchased or traded handgun(s)home. Please give statutes/precedents if available.


Asked on 2/25/02, 2:01 pm

2 Answers from Attorneys
Paul Velte IV Paul C. Velte IV, Attorney at Law

Re: Unlawful Carry of a Weapon

Yes, of course that's a defense. How could one ever leave the gun store and take his new gun home if there weren't an exception for that sort of thing? The problem is, you gotta convince a judge or jury; you bear the burden of proof to raise this issue. The best case summarizing all of the statutory and common law defenses to this 1875 jim crow law (that you are charged with violating) is the dissent of judge Baird in Moosani v. State, which I have posted on my website at http://www.io.com/~velte/moosani.htm.

Goodluck.

Read more
Answered on 2/27/02, 12:10 pm
Stephen A. Nicholas Nicholas and Barrera, P.C.

Re: Unlawful Carry of a Weapon

What is your situation ... have you been charged? Call me if in the San Antonio, Texas area at 210.224.5811

Read more
Answered on 3/04/02, 11:34 am


Related Questions & Answers

More Criminal Law questions and answers in Texas