Another gun question

[anthony361]

What is the name of your state? Texas.

When does a class a gun charge turn into a felony?

 

[008]

What is the name of your state? Texas.

When does a class a gun charge turn into a felony?

Read your question real slowly, out loud, and you tell me if it makes any sense.

IAAL

 

[shell007]

Read your question real slowly, out loud, and you tell me if it makes any sense.

IAAL

I hate to admitt it, but...LOL

 

[anthony361]

let me rephrase it.

When can a class a misdeamoner gun charge be bumped up to a felony?

 

[HomeGuru]

let me rephrase it.

When can a class a misdeamoner gun charge be bumped up to a felony?

**A: we don't know exactly when. Well ok, I'll guess next week Thursday.

 

[008]

let me rephrase it.

When can a class a misdeamoner gun charge be bumped up to a felony?

Oh, brother. I could say something, but even I'M getting tired of the trailer trash jokes.

DNA and a good education was lost on this poor fellow.

Hey, when you learn to write, let me know!


IAAL

 

[anthony361]

How can you not understand the concept of the question. Im asking under what circumstances can a class a misdeamoner weapons charge be upgraded to a 3rd degree felony.

 

[acmb05]

maybe you dont understand the answer

How can you not understand the concept of the question. Im asking under what circumstances can a class a misdeamoner weapons charge be upgraded to a 3rd degree felony.

Whenever the prosecutor feels like upgrading it.

 

[anthony361]

anyone?? ok well instead of just asking the Q I will tell you all what happned. Me and my buddies were inside a 24 burger joint drunk ass hell right.. and there was a cop there, well we got to talking abou tmy situation(i posted it somewhere in this forum) and he told me that if i take the gun charge they can possibly move it up to a felony offense becuase we had weed in the car. But i was styuding texas laws and i read that a gun charge turns into a felony if you
a) have it at a place where they sale beer
and
b) are a felon
Now i dont fall into either of those so what the hell is this guy talking about?

and yes im drunk now so sorry if this doesnt make to much sense

edit--just so yall know my friend got charged with unlawful carrying of a weapon cuz it was in the trunk and he was in the back seat and my seats fold down so you can acess the trunk. The thing is the guy didnt know the gun was there and after the put the cuffs on him for it i told the cops it was mine but they didnt listen. I told my freind when he goes to court i will tell them that it was my gun and that that guy had no clue that the gun was there

edit 2-- i have a clean record so im hopin for probation for both charges

 

[outonbail]

Me and my buddies were inside a 24 burger joint drunk ass hell right..

if i take the gun charge they can possibly move it up to a felony offense becuase we had weed in the car.

and yes im drunk now so sorry if this doesnt make to much sense

I told my freind when he goes to court i will tell them that it was my gun and that that guy had no clue that the gun was there

Your a real prize......

i have a clean record so im hopin for probation for both charges

Considering that you haul a weapon around with you, while your in a constant state of inebriation, which itself is compounded by a joint or two, I find it amazing that you have managed to avoid being arrested up until now.

So if you do get probation in this matter, be patient, I say you'll chalk up your first felony in less than a year from now anyway.

Unless you make some drastic changes in your social life,,, but I just don't get that vibe**************

 

[Kane]

My best guess is the cop was thinking of either:

42.12, CCP -

(2) to a defendant when it is shown that a deadly
weapon as defined in Section 1.07, Penal Code, was used or exhibited
during the commission of a felony offense or during immediate
flight therefrom, and that the defendant used or exhibited the
deadly weapon or was a party to the offense and knew that a deadly
weapon would be used or exhibited. On an affirmative finding under
this subdivision, the trial court shall enter the finding in the
judgment of the court. On an affirmative finding that the deadly
weapon was a firearm, the court shall enter that finding in its
judgment.
(b) If there is an affirmative finding under Subsection
(a)(2) in the trial of a felony of the second degree or higher that
the deadly weapon used or exhibited was a firearm and the defendant
is granted community supervision, the court may order the defendant
confined in the institutional division of the Texas Department of
Criminal Justice for not less than 60 and not more than 120 days. At
any time after the defendant has served 60 days in the custody of
the institutional division, the sentencing judge, on his own motion
or on motion of the defendant, may order the defendant released to
community supervision. The institutional division shall release
the defendant to community supervision after he has served 120
days.

Or -

12.35 PC

(c) An individual adjudged guilty of a state jail felony
shall be punished for a third degree felony if it is shown on the
trial of the offense that:
(1) a deadly weapon as defined by Section 1.07 was used
or exhibited during the commission of the offense or during
immediate flight following the commission of the offense, and that
the individual used or exhibited the deadly weapon or was a party to
the offense and knew that a deadly weapon would be used or
exhibited;

Neither of these sections applies to your situation as you've described it.

The first has to do with probation, the second with State Jail offenses.

 

[anthony361]

Your a real prize......



Considering that you haul a weapon around with you, while your in a constant state of inebriation, which itself is compounded by a joint or two, I find it amazing that you have managed to avoid being arrested up until now.

So if you do get probation in this matter, be patient, I say you'll chalk up your first felony in less than a year from now anyway.

Unless you make some drastic changes in your social life,,, but I just don't get that vibe**************

**** that i want to change man. I dont wanna go to jail, funny thing is the night i got caught for this **** i was telling my girlfriend how i want to get into some kinda college of some sort and how i wanna quit ****ing up

 

[Heather2]

Read your question real slowly, out loud, and you tell me if it makes any sense.

IAAL

There is different levels of misdemeanor's "A" is one of them. Geesh, I thought you said you were a lawyer.

 

[Kane]

The answer to the question is that there are several ways a UCW misdemeanor can turn into a felony. The most common one is when the defendant has a prior felony conviction. Carrying a gun into a courtroom, a racetrack, or a polling place are some other ways.

 

[Jack_David]

edit 2-- i have a clean record so im hopin for probation for both charges

Personally if I were you I would definately fight both of them, and try not to settle for probation, keeping a clean record is better than just taking probation. That being said I would definately fight the hardest to keep the weapons charge off your record.

Cause if someone does a background check on you they will see that weapons charge and just automatically assume that you are a violent criminal, even though the charge has nothing to do with violence. IMO better that they think you had a drug problem than that.

Your a real prize......
Considering that you haul a weapon around with you, while your in a constant state of inebriation, which itself is compounded by a joint or two, I find it amazing that you have managed to avoid being arrested up until now.

Maybe the fact that you are from california where keeping a loaded weapon in a car is illegal has something to do with your bias, but there is nothing illegal about that in Texas, and that is hardly hauling a weapon around if the gun is being kept in the same place.

As for the inebriation, partaking in drugs illegal or otherwise has nothing to do with 2nd amendment rights.

I own firearms and I drink alcohol from time to time, however I dont drink alcohol while handling my weapons, and nothing in anthony361's posts imply that he does either.

Yes the police found marijuana in their car, but so what? You are jumping to conclusions and assuming that they were high at the time? Thats like saying if a police pulled me over and found a 12pack of beer in my car that I was drunk. And even assuming that I was or that they were, then wouldnt the real problem be that someone was driving under the influence rather than the fact that a firearm was being stored in the trunk of the car?