True story – with the caveat that firearm sound suppressors (silencers) remain illegal under Federal law. This is similar to how marijuana remains Federally illegal, but many states have laws permitting the use or sale of marijuana. Texas set up laws that went into effect in 2021 that not only legalized sound suppressing devices under Texas law, but laws were enacted to prevent Federal enforcement of laws against firearm sound suppressing devices (or as the Feds call them “firearm mufflers”).

So, what is a firearm sound suppressor (sometimes referred to as “silencers,” even though none can completely silence the sound of a bullet firing from a weapon)?

Weapon Suppressors – What are they?

It is usually a cylindrical object that attaches to the end of a barrel, usually by threads on the barrel that screws onto cylinder, with the intended purpose of lowering decibel levels created when the weapon is fired. Weapon suppressors don’t actually silence a gun shot. But they do lower, or muffle, the noise enough that the sound is not as easily heard, and does not risk damaging the ears due to excessive sound levels. The typical reduction from such a device is between 30 to 40 db. A typical gunshot ranges between 140 and 165 db. So none of the devices really “silence” a gunshot. At best, they muffle the sound to the level of something like an electric drill or table saw used for cutting lumber.

Texas Laws Created to Protect your Ability to Own a Firearm Suppressor

On June 17, 2021 several pieces of legislation related to firearm suppressors/silencers was signed into law by Texas Governor Greg Abbott, one of which was House Bill 957 (HB 957).

House Bill 957 repealed the criminal statute which made it a criminal offense to possess, manufacture, transport, or repair a firearm silencer. Laws were also passed that essentially state that any firearm suppressor manufactured in Texas, and that remains in Texas, will not be subject to federal law.

What HB 957 does is says that you cannot be prosecuted in Texas for owning a suppressor or silencer – but it DOES remain illegal under Federal law. That means it potentially COULD be prosecuted under Federal law. So to address this issue, additional laws were enacted to prevent Texas resources from being used to prosecute the Federal firearm laws prohibiting firearm silencers / suppressors (or as the Federal law calls it “firearm mufflers”).

HB 957 prevents Texas state resources from being allowed to enforce the Federal law prohibiting silencers, suppressors, or gun mufflers. If a State official aids enforcement of the Federal law, they could lose funding for their department!

Sec. 2.103. STATE GRANT FUNDS. (a) An entity described by Section 2.101 may not receive state grant funds if the entity adopts a rule, order, ordinance, or policy under which the entity enforces a federal law described by Section 2.102(a) or, by consistent action, allows the enforcement of a federal law described by Section 2.102(a).

(b) State grant funds for the entity shall be denied for the fiscal year following the year in which a final judicial determination in an action brought under this subchapter is made that the entity has violated Section 2.102(a).

ADDRESSING THE COMMERCE CLAUSE

From HB 957:

Sec. 2.052. NOT SUBJECT TO FEDERAL REGULATION. (a) A firearm suppressor that is manufactured in this state and remains in this state is not subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce.

(b) A basic material from which a firearm suppressor is manufactured in this state, including unmachined steel, is not a firearm suppressor and is not subject to federal regulation under the authority of the United States Congress to regulate interstate commerce as if it actually were a firearm suppressor.

Sec. 2.053. MARKETING OF FIREARM SUPPRESSOR. A firearm suppressor manufactured and sold in this state must have the words “Made in Texas” clearly stamped on it.

Sec. 2.054. ATTORNEY GENERAL. On written notification to the attorney general by a United States citizen who resides in this state of the citizen’s intent to manufacture a firearm suppressor to which Section 2.052 applies, the attorney general shall seek a declaratory judgment from a federal district court in this state that Section 2.052 is consistent with the United States Constitution.

The law essentially states that if the materials used to make the suppressor / silencer / muffler are Texas-sourced raw, they are not subject to federal regulation under interstate commerce because nothing is leaving the state.

KNOW THE LAW BEFORE YOU CARRY A FIREARM

Every persons situation can be unique. If you have any question about whether or not you can legally carry a firearm, suppressor, silencer, or firearm muffler, PLEASE contact an attorney and make sure, BEFORE you decide to exercise your rights under the new Constitutional Carry law in Texas.

CHARGED WITH A WEAPON OFFENSE?

If you have been arrested for unlawful possession of a firearm, felon in possession of a firearm or ANY gun crime, call LeGrande Law NOW! Gun and other Weapon crimes are prosecuted in Texas, you need an aggressive criminal defense attorney to fight for your freedom and make sure that justice is done.

Contact Criminal Defense Lawyer Tristan LeGrande IMMEDIATELY 

281-684-3500

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Criminal defense attorney Tristan LeGrande

Yee-haw, its great to be a Texan in 2021! Your 2nd amendment right to keep and bear arms has been enhanced, and now any person over 21 years of age can carry a loaded firearm on their person, without needing to obtain a License to Carry a Firearm, previously known as a concealed carry permit (subject to a few VERY important limitations and restrictions, explained below). Many of the restrictions and limitations on the ability to carry a loaded weapon in Texas are the same as the restrictions on LTC (or CHL) license holders, under the previous law.

RESTRICTIONS ON TX CONSTITUTIONAL CARRY

• Adult (over 21 ys of age)
• Must be carried in a holster
• Not carrying a weapon in a prohibited place under TX Penal Code 46.03 (Educational institution, government building, business that does over 51% alcohol-sales, racetracks, airports, etc. See the Code for a full list).
• Not carrying a weapon while also commiting a criminal offense more serious than a traffic violation under the Texas Transportation Code. This means if you are also accused of a DWI or racing on a highway, you get an unlawful carry of a weapon charge as well.
• Not convicted of a felony in any state or Federal court
• Not convicted of certain Misdemeanors within the last 5 years: Assault , Deadly Conduct, Terroristic Threat, Discharge of a Firearm in a Public Place, or Display of a Firearm in a Public Place in a Manner Calculated to Alarm.
• Not released from confinement or community supervision for Assault – Family Violence within the last 5 years.
• Not on probation, parole, or other type of court-ordered supervision prohibiting you from possessing firearms.
• Not subject to a protective order, or mental health order prohibiting you from possessing firearms.

FULL TEXT of the Texas Penal Code Section 46

KNOW THE LAW BEFORE YOU CARRY A FIREARM

Every persons situation can be unique. If you have any question about whether or not you can legally carry a firearm, PLEASE contact an attorney and make sure, BEFORE you decide to excercise your rights under the new Consitutional Carry law in Texas.

CHARGED WITH A WEAPON OFFENSE?

If you have been arrested for unlawful possession of a firearm, felon in possession of a firearm or ANY gun crime, call LeGrande Law NOW! Gun and other Weapon crimes are prosecuted in Texas, you need an aggressive criminal defense attorney to fight for your freedom and make sure that justice is done.

Contact Criminal Defense Lawyer Tristan LeGrande IMMEDIATELY 

281-684-3500

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Criminal defense attorney Tristan LeGrande

A bill almost became a law in Texas, reducing the penalties for marijuana and THC possession – Texas House Bill 2593. That’s right, Texas came closer than it ever has to decriminalizing possession of less than one ounce of marijuana; the new law would have made posssession of less than 28 grams a class C Misdemeanor (and a crime for which you could not be arrested).

More importantly, in my opinion, it would have changed the law on possession of THC concentrate to mirror that of possession of the plant itself, and make possession of up to two ounces (56 grams) of THC concentrate a class B Misdemeanor (punishable by up to 6 months in jail and a $2,000 fine). Currently, possession of that amount of THC concentrate could get you up to 20 years in prison! SO WHAT HAPPPENED AND HOW DID WE GET HERE!?

As I more thoroughly explain below – basically, the law finally had enough support in the Texas legislature to pass in the Texas House of Representatives. The law then went to the Senate, and the changes to the penalties were agreed upon (shockingly), but the Senate version was modified by Lt Governor Dan Patrick and other Senate Republicans to add to the definition of a controlled Delta-8-Tetrahydrocannabinol (“Delta 8 THC”). For those that are unfamiliar, Delta 8 THC is a mild psychotropic extract of hemp or cannabis, that is currently legal for sale in Texas. When the bill went back to the House for final editing and conference, Texas house member Joe Moody struck the Delta-8 addition to the definition of a controlled substance. This infuriated Dan Patrick, who refused to let the measure get a final vote in the Senate before it went to the governors desk, and the leigslative session expired. Womp-womp-womp.

So for at least 2 more years, the laws relating to marijuana and THC possession remain the same. The only way something could change sooner would be a change in the Federal law.

History of TX Marijuana & THC concentrate (wax, dabs, shatter, etc) Laws

The Texas Controlled Substance Act was passed in 1989, and established what is the framework still used today for determining the legality of possessing certain plants, drugs, and controlled substances in Texas. This is codified in Section 481 of the Texas Health and Safety Code.

In Texas, possession of THC concentrates differently, baed on the erroneous conclusuion that the concentrated substance was more dangerous and addictive. Take a look at other controlled substances in the same penalty group as THC concentrate, and you will find substances like MDMA (3,4-Methylene-dioxy-methamphetamine).  No one will dispute that THC is a lot different than molly, but both are treated the same under the Texas Health and Safety Code. Even if we disagree on the legality of marijuana and THC, I think all of us should agree that taking mdma.

Possession of Marijuana

Under the current version of the code, possession of Marijuana (called ‘Marihuana’ in the code) has the following potential punishments for possession of a ‘usable amount,’ of marijuana:

• 2 ounces or less: Class B Misdemeanor (Up to 6 months in jail, up to $2,000 fine).
• 4 ounces or less but more than 2 ounces: Class A misdemeanor (Up to 1-year in jail, up to $4,000 fine).
• 5 pounds or less but more than 4 ounces:  State Jail Felony (6 months – 2 Yrs in state jail, and a fine up to $10,000)
• 50 pounds or less but more than 5 pounds: 3rd Degree Felony.
• 2,000 pounds or less but more than 50 pounds: 2nd Degree Felony.*
• More than 2,000 pounds: 5 to 99 years, or life, and a fine up to $50,000.

Possession of THC Concentrate

Unbelievably, they treat the concentrated form of cannabis much differently in Texas. Possession of any detectable amount of a substance that is made from Marijuana that has over 0.3% THC by weight is a FELONY in Texas!

Possession of THC Concentrate has the following criminal consequences in Texas:

• Less than one gram: State Jail Felony (6 months – 2 Yrs in state jail, and a fine up to $10,000)
• 1 to 4 grams: 3rd Degree Felony (2 – 10 Yrs in TDCJ, and a fine up to $10,000)
• 4 to 400 grams: 2nd Degree Felony (2 – 20 Yrs in TDCJ, and a fine up to $10,000) 
• More than 400 grams: 1st Degree Felony (5 to 99 yrs or life in TDCJ, and a fine not to exceed $50,000)

HOW THE CHANGES IN TX CANNABIS LAW DIED IN THE 2021 LEGISLATIVE TERM

House Bill 2593 was introduced by House Speaker Pro Tem Joe Moody. It was sponsored by Senator Nathan Johnson. Again, it would have reduced the penalty for possession of less than 2oz of substances derived from cannabis (concentrates like oils, vapes, edibles, infused products, etc) from a felony (according to the amount, as shown in the table above) to a Class B Misdemeanor. As you can see from the table of Marijuana penalties above, this bill would make these concentrate containing substances to be treated how we currently treat Marijuana flower. It would cover vape cartridges, pens, tinctures, or infused lotions as well.

The bill passed in the Texas House, and moved to the Senate. As passed out of the House and Senate State Affairs Committee HB 2593 had strong support for being passed. However, Senate Republicans led by Lt. Governor Dan Patrick added an amendmet during the floor debate which would have added Delta-8 THC to Penalty Group 2 of the Texas Health and Safety Code, just like Delta-9 THC (effectively making what is now an unregulated market, summarily illegal to sell or possess the substance). Because there was different versions from both chambers, House Speaker Joe Moody decided took the Bill to a Conference Committee to resolve the discrepencies between the two versions. 

Speaker Moody was successful in getting the problematic amendment removed during the Conference Committee – with the consequence of angering Senate Republicans and Dan Patrick, who felt they had compromised to pass a Marijuana law reform bill they had resisted passing for so many years. So the conference report was approved by the House, but in retaliation for striking the Delta-8 language from the Senate version of the Bill, Lt. Governor Dan Patrick chose inaction, refusing to recognize the bill’s sponsor, Sen. Nathan Johnson. Due to the HB 2593 being unable to present the Conference Committee Report before the expiration of the legislative term, the bill died.

Yes, Lt. Governor Dan Patrick is a bastard for doing this – but did Speaker Moody not also get a little too greedy? Progress is slow, had he accepted the compromise relating to Delta-8 THC, then Delta 9 would not be a Felony for another 2 years! So listen, we made progress on reforming Marijuana laws this session, but I think we missed an opportunity by lacking the finesse to get the important legislation passed.

ARRESTED FOR POSSESSION OF MARIJUANA or MARIJUANA CONCENTRATE (THC)?

Call LeGrande Law today to find out your options!

If accused of any drug offense, including Possession of THC Concentrate, you need an attorney that has a track record of winning drug cases.  Attorney Tristan LeGrande gets results – CALL NOW – FREE Consultation!

Contact attorney Tristan LeGrande by calling 281-684-3500

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

(Possession of a Controlled Substance in Penalty Group 2, PCS PG2)

FACT: LUNG DISEASES HAVE DEVELOPED IN PEOPLE AFTER VAPING PRODUCTS THAT CONTAINED THC.

In a press release from October 8, 2019, the Centers for Disease Control (CDC), informed the following regarding the outbreak of vape associated lung diseases:

• 1,299 cases of lung disease associated with some type of vaping
• Twenty-six deaths have been reported in 21 states in the US
• Most patients reported a history of using tetrahydrocannabinol (THC)-containing products. The latest national and state findings suggest products containing THC, particularly those obtained off the street or from other informal sources. (e.g. friends, illicit dealers), are linked to most of the cases and play a major role in the outbreak.
• Exclusive use of nicotine containing products has been reported by some patients with lung injury cases, and many patients with lung injury report combined use of THC- and nicotine-containing products. The possibility that nicotine-containing products play a role in this outbreak cannot be excluded.

FICTION: VAPING THC IS A CAUSE OF LUNG DISEASES

As with all illicit drugs, they are not regulated. Because they are not regulated, some of the vaping products that are being sold on the black market contain additives and flavorings that are linked to lung diseases. HOWEVER, the THC itself is NOT the cause of the outbreak of lung diseases!
It’s not clear how often vaping might lead to lung trouble or who is at highest risk. For example, are lung problems more common among vapers who already have breathing problems (such as asthma) or who use marijuana? Is it more common among younger individuals? Does use of e-cigarettes cause the lung disease? Or is an added substance (such as marijuana) or another contaminant the culprit? Since the FDA does not actively regulate e-cigarettes, it’s particularly difficult to get answers.

FACT: MORE CASES OF LUNG DISEASE HAVE DEVELOPED IN THOSE VAPING ILLICITLY MANUFACTURED THC

Most of those that have been diagnoses with a vaping related lung illness reported a history of vaping (THC)-containing vaping products. This has been reported in numerous stories in the media (albeit in a misleading way).

FICTION: VAPING LEGAL THC CONTAINING VAPING PRODUCTS IS DANGEROUS

There has not been a single reported vape related illness from the use of legally obtained THC containing vaping products. I challenge anyone to come forward with information about a vaping related illness where someone never consumed an illicit THC containing product (and I will happily change my position).

BEFORE YOU PLEAD GUILTY TO POSSESSION OF THC…

Call LeGrande Law for a FREE consultation

If accused of a drug crime, including Possession of Marijuana or Cannabis Oil (THC), you need an attorney with proven results, winning cases.  Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!

Contact attorney Tristan LeGrande

281-684-3500

The legal climate in Mexico right now has unexpectedly come out on the side of individual liberty and against the drug war, even as they spent billions of dollars fighting that drug war every year. One could argue that the legal system is in conflict with the political goals of the country in the drug war. The caveat to the ruling is that it only applies to use and possession and does not authorize transfer or sale – an interesting legal gymnastics that will likely be modified over time.

Advocates of the ruling like Lisa Sanchez of Mexicans United Against Crime have commented: “This case is about insisting on the need to stop criminalizing … drug users and designing better public policies that explore all the available options.”

On the political side – the opposition is obvious, with the Mexican government’s Federal Commission for the Protection against Sanitary Risk saying it will attempt to block the judge’s order, which was handed down earlier this year and first announced Tuesday.

On the legal side their is review as well, with a panel of judges set to review the ruling and decide whether it should be carried out.

In Texas, possession of cocaine is a felony offense if you are in possession of any detectable amount (even residue that cannot be weighed in a lab). Section 481 of the Texas Health and Safety Code regulates cocaine possession – with it being listed as a Penalty Group 1 substance.

You will sometiemes see cocaine possession as “PCS PG1” on court paperwork. The penalties for possession of cocaine in Texas are as follows:

• Less than one gram: State Jail Felony (6mo – 2Y state jail).
• 1 to 4 grams: 3rd Degree Felony (2 – 10Y TDCJ)
• 4 to 200 grams: 2nd Degree Felony ( 2 – 20Y TDCJ)
• 200 to 400 grams: 1st Degree Felony (5 – 99Y TDCJ)
• More than 400 grams: 10 to99 years, or life

CATCH A DRUG CASE?

If you are accused of possession of cocaine or ANY controlled substance drug crime

Contact attorney Tristan LeGrande TODAY!

281-684-3500

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

Seems simple enough, but the majority of clients that call me with a legal issue do so AFTER they have already spoken to the police, made a statement, or even given a recorded interview. This can seriously damage their defense – if you the police are investigating a crime and they either tell you that you are a suspect, you think you may have done something illegal, or you have any reason to think you might be suspected of doing anything illegal – DO NOT SPEAK TO THE POLICE AND DO NOT ANSWER ANY QUESTIONS.

As you probably already know, the right to remain silent is an important right. The 5th Amendment to the US Constitution acknowledges the right not to be compelled to offer evidence against yourself. The “Miranda” rights we are all familiar with hearing from television is a reflection of the Supreme Court recognizing this very important right. What you don’t say can’t hurt you. If you find yourself in a situation where the police want yo question you or have you make a statement, you need to calmly, but assertively, inform the officer (or agent, investigator, etc) …

1. You will not be making any statement
2. You will not be answering any questions
3. If you are under arrest, you want to speak to a lawyer immediately.

Many people are intimidated when the police contact them and ask them to come in and answer questions or make a statement. Make sure you listen carefully to what the officer tells you – they are REQUESTING that you make a statement or answer questions. They will likely want you to sign something waiving the important rights I mentioned earlier. DO NOT DO IT.

One final important caveat is that you must ASSERT your right to remain silent if you are arrested. Simply staying quiet is not enough. If the police are asking you questions, you need to state simply “I am using my right to remain silent,” or something to that effect. Unfortunately, some cases have required this type of assertion to invoke all of your 5th amendment protections. See Salinas v. Texas, 133 S.Ct. 2174 (2013)

Before you even consider talking to the police, contact attorney Tristan LeGrande for a free consultation. If you have already been charged with a crime, don’t leave it up to chance! Hire an aggressive attorney with a track record of success!

LOCKED UP?

CALL LEGRANDE LAW!

281-684-3500

If you are accused of ANY CRIME, do not leave your future up to chance! You need an attorney with a track record of fighting criminal cases!

 Attorney Tristan LeGrande GETS RESULTS – CALL NOW – Free Consultation!

CONTACT ATTORNEY TRISTAN LEGRANDE TODAY!

ASSERT YOUR CONSTITUTIONAL RIGHTS IN 2019

You may have never been in a position where you needed to flex your constitutional rights.  In fact, many reading this might say: if I am doing nothing wrong, why should I assert my rights?  Won’t this make things harder for me?

I can answer that for you real quick – you MUST assert your rights, as an American, many men and women have fought, bled, and died for those rights.  You MUST because that IS how you live up to your role as a US Citizen.  Do you realize that when people become lawyers, law enforcement, become new US citizens, or assume many government positions – they swear an oath to “support and defend the constitution of the United States…”?

When YOU flex your rights, regardless of whether you are not engaged in nefarious behavior…is vital to maintaining those rights in a free society.

NOTE: Asserting your rights DOES NOT MEAN being rude, aggressive, or combative with any agent of the State (Police officer, Sheriff, Constable, District Attorney, etc, etc.).  Be assertive, but be polite and respectful.

Almost every law enforcement official you encounter is doing their job to the best of their ability, and doing it for the right reasons.  Treating agents of the State with respect and cordiality goes a long way, even if you are refusing to give consent or forfeit other important rights.  Additionally, as with anyone else you encounter, law enforcement will notice how you treat them, and MOST will respond by treating you with dignity and respect as well.

MY CHALLENGE TO YOU THIS NEW YEAR:

ASSERT YOUR CONSTITUTIONAL RIGHTS!  

Some of you are on board, but may not know exactly what I mean by asserting your constitutional rights.  So, the following are some ways in which you can stand tall and speak truth to power!

#1 Never Consent to a search without being presented with a search warrant

This is a little easier said than done, and will require you to assert your rights in an often precarious position at the side of the road, or with Officers pushing their way inside your residence.  Why is this so important?  Because knowing and voluntary consent to a search of your person or property is an exception to the warrant requirement, and oftentimes will foreclose any legal arguments in Court about the validity of the search!

#2 DO NOT Volunteer Or Admit to Any Illegal Activity

You may think you are better off if you fess up to some sort of illegal activity, in hopes that the honesty will make the Officer appreciative, and maybe they will let you off.  This is a terribly unwise thing to do – once you have admitted to committing any arrestable offense, its GAME OVER – you are at the mercy of the Officer.  Your person and effects can be searched.  You are highly likely to be arrested, and any legal objections to the search or seizure of your person or property are highly likely to fail.  (which is anything except speeding or driving with an open container)

#3 If There is even a remote possibility you are Suspected of a Crime – REMAIN SILENT 

You do not need to wait until a police officer tells you “you have a right to remain silent…” when they read you Miranda Warnings – you ALWAYS have the right to remain silent!  You cannot be forced to speak with any agent of the government.  Your 5th Amendment right against self incrimination means you always can state: “I am invoking my right to remain silent, I will not be making any statement or answering any questions.”

#4 DO NOT Answer Any Questions

This one is hard.  You will be in a coercive situation: there is a police officer focused on you, demanding that you waive your rights and answer his questions.  Maybe he has lied to you and told you that if you agree to talk to him, they will cut you a break, or pass along a good word to the District Attorney.  This deception will not get the officer in any trouble, of course, the Supreme Court has decided that law enforcement is permitted to lie to you in order to obtain a confession.

Especially if charges have not been filed yet – if you are contacted by law enforcement in any sort of criminal investigation where you may be suspected of a crime, DO NOT speak with the police or answer any questions.  Politely, bu assertively, inform the officer you will not be answering any questions without the presence of your attorney.

#5 Assert Your Right to Consult with an Attorney

If you find yourself facing any criminal charges, or subject to questioning by law enforcement in ANY capacity, demand your 6th Amendment Right to consult with an attorney.  Something like this will work: “I am asserting my right to consult with an attorney.  At the earliest opportunity, I request use of a telephone to contact my attorney.”  Repeat as needed (and you will likely have to repeat this to several officers, especially in tense situations.”).

If you are accused of ANY CRIME, you need an attorney with a track record of successfully defending criminal cases.

 Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!

Contact attorney Tristan LeGrande by calling 281-684-3500

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law