In Texas, certain rights are restricted for individuals convicted of felonies. This includes restrictions on the possession of firearms and, under specific conditions, body armor.
So, can a felon own body armor in Texas? The answer is no. A felon in possession of body armor is a criminal offense, prohibiting anyone convicted of a violent felony from owning or owning body armor.
No, while both crimes involve the unlawful possession of an item by a felon, they are distinct offenses. Unlawful possession of a firearm pertains to the illegal possession of a gun or firearm, while “unlawful possession of body armor” pertains to protective gear meant to shield an individual from weapons or physical harm.
Texas typically defines body armor as any clothing or gear designed to substantially reduce injury from a weapon, like a firearm or physical assault. This can include metal vests, shields, or other wearable protective devices. Thus, “unlawful possession of metal or body armor by a felon” encompasses a broad range of protective equipment that a felon is prohibited from possessing.
Let’s illustrate the difference between the two crimes using examples:
Example A: John, a convicted felon with a past that includes several robbery charges, is pulled over for a routine traffic stop on the outskirts of Houston, Texas. The police officer, noticing suspicious behavior, decides to search John’s vehicle. In the depths of the glove compartment, the officer unearths a concealed, loaded handgun. Even if John argues that he’s holding the firearm for a friend and it doesn’t belong to him, merely having it in his vehicle could lead to a charge of unlawful possession of a firearm.
Example B: Sarah, who was convicted of a felony five years ago, ventures to a bustling gun show in Dallas. There, amidst various stalls and sellers, she discreetly purchases a shotgun, bypassing the need for a background check. A few weeks later, a tip leads authorities to find her practicing with this weapon at a secluded shooting range. This act could result in her arrest for unlawfully possessing a firearm in Texas, given her felon status.
Example C: Carlos, having served time for a violent felony, now tries to keep a low profile in his San Antonio neighborhood. However, concerned about potential threats from old adversaries, he wears a bulletproof vest beneath his clothing. One day, during a random pat-down by law enforcement, the distinct feel of the body armor is detected. This vest, explicitly designed to thwart gunshots, places Carlos at risk of being charged with the unlawful possession of body armor in Texas.
Example D: Maria, with a checkered past involving gang affiliations in Austin, has since attempted to distance herself from that life. Nevertheless, fearing retaliation, she is spotted on security footage buying body armor from a specialty store known for protective gear sales. If a subsequent search warrant, executed for different reasons, results in the discovery of the body armor in her apartment, this could have serious legal repercussions, including charges of unlawful possession of body armor.
The scenarios highlight the distinguishing features of the two crimes: one relates to possessing a potentially offensive weapon, while the other concerns defensive equipment meant to shield against potential attacks.
In Texas, the charge of “unlawful possession of metal or body armor by a felon” is typically considered a felony rather than a misdemeanor. The severity of the charge can vary based on prior convictions and the specific circumstances surrounding the possession.
The penalties for a convicted felon possessing body armor in Texas can be severe. These can range from hefty fines to extended prison sentences, depending on the specifics of the case and any prior criminal history. Texas body armor laws are in place to deter potential criminal activities involving enhanced protection against law enforcement measures.
Yes, several defenses might be applicable, such as:
This defense asserts that the accused was unaware of the body armor in their possession.
For instance, if a person borrows a jacket from a friend without realizing it’s lined with body armor and is subsequently discovered by the police, they can claim genuine ignorance of its presence. However, the defense might not hold weight if the individual has been seen wearing the same body armor multiple times or if evidence suggests they purchased or actively sought out the armor.
The temporary possession defense implies that the accused held the body armor briefly without intent for long-term possession or usage.
An example might be a felon holding a friend’s body armor vest momentarily while assisting them with a task. On the other hand, borrowing body armor for several days, even with intentions of returning it, could weaken the temporary possession defense due to the extended period of possession.
The coercion defense is built on the claim that the accused was forced or compelled under threats or duress to possess the body armor. A valid scenario for this defense would be if a felon were threatened into wearing or carrying body armor. However, this defense might be less convincing without solid evidence of threats or intimidation.
Being near an item does not always mean one possesses or controls it.
For instance, if a felon is merely a passenger in a car where body armor is discovered but had no prior knowledge or control, they could claim they were only present near the item. Yet, if the felon owns the car and body armor, the mere presence argument becomes less credible.
The principle behind constructive possession is that the item wasn’t directly on the person, but they had control or dominion over where it was found.
If body armor is discovered in a common area of a shared residence, a felon might argue they didn’t have exclusive control or knowledge of it. Conversely, this defense weakens if the armor is in areas associated only with the felon, like their personal room.
Regardless of its nature, each defense is rooted in specific circumstances and evidence. Always consult with a legal professional when contemplating which defense strategy to use. Each defense will depend on the case’s specifics, and not all defenses will be applicable in every situation.
Absolutely. If you’re facing charges involving unlawful possession of body armor by a felon or any related offense, having legal representation is crucial to ensure your rights are protected.
A Texas criminal lawyer will be familiar with Texas body armor laws and can guide the best course of action. Consider using LegalMatch to connect with a knowledgeable Texas criminal lawyer who can assist you throughout your case.
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