Arrested in Hays County, Texas. The gun was found in the trunk of a car. It was unloaded. How much time could/ would he have to serve? Is probation possible?
Hello Susan. You didn’t mention if the person has a previous record or not. If he has a clean record and the weapon is not stolen, probation is a very good probability.
Having a loaded weapon is Carrying A Concealed Weapon. With the weapon unloaded, the technical charge would be Possession of a Dangerous Weapon. Both charges are felonies, but PDW can usually be probationary.
As noted, if priors are involved, it completely changes the picture here. A convicted felon cannot own, possess, purchase or be in the same area of any weapon, unloaded or not. If that is the case, it is a charge of Weapons Under Disability and carries a mandatory 5 years.
The only other thought I have is the circumstances surrounding the Officer finding the unloaded weapon. There could be other charges relating to the circumstances that led to the discovery.
I hope this helps and you can find it useful
October 8th, 2009 at 12:25 pm
Is probation possible, yes of course. He is arrested for possession of non-license firearms? Defending on the judge who will try the case, and your defense lawyer probably minumum of weeks only.
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October 8th, 2009 at 12:57 pm
Let’s hope it is many years in jail.
Sorry, but we have enough gun problems with legal ownership of firearms. There should be little mercy shown for people owning guns illegally.
The idiot in question knew he wasn’t supposed to have a gun, and yet he still did. I suspect the judge will look at maximum sentencing, which I hope is a very long time.
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October 8th, 2009 at 1:22 pm
Anything is possible, but jail is probable.
At least I hope so. A felon and a gun are never a good combination.
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October 8th, 2009 at 2:05 pm
was the felons rights restored is the question I have. If not this question is up to the State not Law Enforcement.
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October 8th, 2009 at 2:24 pm
If he is a convicted felon in Texas or Oklahoma it carries a maximum of Life in prison. Felons are never supposed to posses firearms loaded or not.
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Personal Experience
October 8th, 2009 at 2:54 pm
Hello Susan. You didn’t mention if the person has a previous record or not. If he has a clean record and the weapon is not stolen, probation is a very good probability.
Having a loaded weapon is Carrying A Concealed Weapon. With the weapon unloaded, the technical charge would be Possession of a Dangerous Weapon. Both charges are felonies, but PDW can usually be probationary.
As noted, if priors are involved, it completely changes the picture here. A convicted felon cannot own, possess, purchase or be in the same area of any weapon, unloaded or not. If that is the case, it is a charge of Weapons Under Disability and carries a mandatory 5 years.
The only other thought I have is the circumstances surrounding the Officer finding the unloaded weapon. There could be other charges relating to the circumstances that led to the discovery.
I hope this helps and you can find it useful
References :