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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:

  1.  The handgun must NOT be in plain view; it must be concealed.
  2. You are NOT engaged in criminal activity (excluding Class C traffic misdemeanors).
  3. Federal law does NOT prohibit you from possessing a firearm.
  4. 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

Armando J. Roman

About Armando J. Román With more than 15 years of experience as a practicing attorney, Armando J. Román provides advice and counsel to clients needing legal representation in the areas of personal injury, criminal defense, civil defense, citizenship and immigration services, and removal defense.

Román Law Office

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