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Blogs from April, 2019

Attorney Hesse Explains Texas Gun Laws on Outdoors Scoped


Attorney D. Chris Hesse was a guest on Outdoors Scoped, a weekly podcast created by and for hunters and gun-enthusiasts in Texas. The host, Bobby Falkenberg, started the interview by asking Attorney Hesse about his history as a marine and how his dream of becoming a Marine Corps JAG attorney led to his current career and specialization.

Before getting into Texas gun laws, Attorney Hesse and Bobby Falkenberg discussed several interesting facts, including:

  • You can challenge a drug dog by subpoenaing the handler and requesting his dog’s training records.
  • The drug tests utilized in the field are presumptive. Even Vicks VapoRub can test positive for meth because they share a similar chemical makeup.
  • An officer may try to search your car because they “smell” alcohol or marijuana. However, scents are subjective. They could claim they smell cannabis and find heroin. It’s important to share this information with an attorney as soon as possible.

Back in 2017, Attorney Hesse submitted a gun law article to Texas Hunting Fish & Game called “Gun Law: Commit Even a Misdemeanor and You Could Lose Your Gun Rights.” This article discusses Texas’ License to Carry (LTC) laws, as well as which misdemeanor and felony offenses can permanently prevent a convicted person from using or owning a gun.

Bobby Falkenberg wanted to review some of the points in this article, and asked Attorney Hesse to elaborate and clarify a few points. For instance, Attorney Hesse explained that if you’re being arrested for shooting someone, your best defense is to say, “I was in fear for my life and I want an attorney.” If you simply utilize your right to remain silent, the cops may keep approaching you for information. In fact, you can say the most innocuous comment imaginable and the cops may use it against you. If you stay quiet and forget to request a lawyer, the cops may use your physical cues – shaking, stuttering, and other symptoms of shock – as evidence against you.

Attorney Hesse and Bobby Falkenberg discussed the following points about gun laws during the podcast session:

  • Many hunters with criminal records don’t realize that it’s illegal for them to own guns.
  • You’re more likely to be arrested by a state cop rather than a federal agent.
  • A person who has been convicted of a felony under state law can’t possess a firearm on or before the 5th anniversary of their punishment. Once it’s been 5 years, a convicted felon can have a firearm, but only in his residence.
  • The only exception to the prior point is the antique or curio firearm exception found under Texas Penal Code 46.01. Per this law, you can use an old Winchester so long as it was manufactured before 1899. You can also use a replica if it doesn’t use rim fire or center fire ammunition.
  • Per Texas Penal Code 446.05, you can’t use armor-piercing ammunition in a handgun.
  • There are pros and cons to utilizing gun trusts and federal tax stamps.
  • The two most common offenses that can impact a person’s right to own and use a gun are domestic family violence and DWI.
  • If you have questions about your felony or misdemeanor conviction, it’s important to discuss your specific situation with a knowledgeable attorney. When your gun privileges are on the line, you don’t want to rely on questionable and unsubstantiated internet content.

If you find yourself in need of legal representation, you can contact Attorney Hesse at (806) 350-6785 to schedule a free case evaluation.

Retain Trial-Tested Criminal Defense Representation Today

If you’re facing criminal charges relating to gun ownership, contact the Amarillo criminal defense lawyer at The Law Offices of D. Chris Hesse today. Attorney Hesse is a former prosecutor and a certified ACS forensic lawyer-scientist. No matter the complexity of your case, you can trust our attorney to meticulously investigate the incident in question and develop a litigation strategy that aims to secure a favorable verdict.

Contact The Law Offices of D. Chris Hesse at (806) 350-6785 to schedule a free and confidential case evaluation.