Results That Matter
State of Texas v. Román Law Office Client (October 2020)
Our client is a young man. The Court appointed us as his attorney. He was stopped for a traffic violation while riding on his motorcycle. Our client admitted that he had a concealed handgun within his pants. He was charged with unlawful possession of a firearm. The State offered a good plea deal, but the fact is that our client had every right to carry the firearm.
The Texas Motorist Protection Act , permits any law-abiding Texas resident the legal right to carry a handgun inside their motor vehicle in Texas without a Handgun License to Carry or any other permit.
Lawful carry of a gun while in a vehicle in Texas only requires the following conditions:
- The handgun must NOT be in plain view; it must be concealed.
- You are NOT engaged in criminal activity (excluding Class C traffic misdemeanors).
- Federal law does NOT prohibit you from possessing a firearm.
- You are NOT a member of a criminal gang.
Furthermore the firearm must be concealed or hidden from view. The gun owner, even without a Carry License, is free to wear it in a holster as long as he/she stays within the vehicle.
RESULT: CASE DISMISSED.
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Practice area(s): Criminal Defense