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Although Texas is one of the country's most pro-gun states, there are still regulations and restrictions defining when and where people can carry a weapon or are prohibited from doing so. Unlawfully carrying a firearm in this state will have serious consequences, including prison, license suspension, and hefty fines. However, offenders may have the opportunity to defend themselves if they have an experienced criminal defense attorney by their side.
At Sparks Law Firm, located in Colleyville in Tarrant County, individuals who have been charged with gun crimes can get the legal counsel they need to understand their rights and determine the best course of action to possibly avoid conviction.
Understanding Texas Gun Laws
In 2021, Texas passed a bill that eliminated the need for a License to Carry (LTC) for some individuals, including those over the age of 21 who aren't felons, allowing them to carry a handgun in a public place if they're qualified under the law to do so.
Pursuant to sections § 46.02 and § 46.04 of the Texas Penal Code, unlawful possession of a firearm occurs when someone carries a gun in a public place and:
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Is under 21 years of age
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Has a prior criminal conviction
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Is subject to an unexpired protective order
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Is restricted from possessing firearms under Texas law
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Has a recent conviction for specific types of misdemeanors
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Is intoxicated
Although Texas law doesn't restrict who can carry long guns, such as shotguns or rifles, some people are prohibited from using them. This state also prohibits individuals, even if licensed, from displaying a deadly weapon out in public in a manner calculated to cause fear or alarm. This is known as disorderly behavior.
Texas Gun-Free Zones
In this state, there are several gun-free zones where it's strictly prohibited to carry firearms. The section § 46.035 of the Texas Penal Code has listed these specific spaces as follows:
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Schools
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Government buildings
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Airports and train stations
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Churches
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Higher educational institutions and colleges
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Courthouses
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Bars and pubs
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Prisons or detention centers
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Private properties
People who carry a weapon in prohibited places or within 1,000 feet of these areas can be charged with unlawful possession of a firearm, which is an even more serious crime in Texas.
If charged with unlawful carrying or possession of a firearm in a gun-free zone, individuals should hire an experienced attorney right away to fight those criminal charges and prevent them from permanently affecting their lives.
Firearm Charges in Texas
Many people associate firearm charges with accidents where a person is injured by a gun, but the truth is that it isn't the only way someone can face legal consequences. Many are charged with simply illegally carrying or possessing a weapon.
In this regard, these are the most common weapon-related offenses someone can face in Texas:
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Improper or unlawful discharge of a gun
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Illegal possession or carrying of a weapon
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Possession of a weapon by a felon
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Unlawful sale of a weapon
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Disorderly conduct
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Deadly conduct; using a weapon recklessly or in a threatening manner
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Unauthorized trafficking of firearms
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Murder
Texas residents can also be charged with unlawful carrying of a weapon if they aren't on their personal property, on premises under their control, or directly en route to a vehicle or watercraft they own or control.
However, individuals may face firearm charges if they knowingly, intentionally, and recklessly carry a handgun in their motor vehicle or watercraft if:
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The gun is in plain view unless they're licensed or over 21 and is secured in a holster.
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Texas law prohibits that person from owning a firearm.
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The person carrying the weapon engages in a higher criminal activity, except a Class C misdemeanor that constitutes a violation of traffic or boating-related laws.
Justin was my lawyer for a case I had with Tarrant County. He was very responsive, professional, and helped us sooo much! I ended up having everything dismissed. Definitely highly recommend!
- Payton R.
I cannot say enough good things about this law firm! They took care of me and immediately started working my case. They knew exactly what to do as soon as I told them my story.
- Alana B.
Potential Penalties for Violating Texas Gun Laws
Under Texas law, illegally carrying firearms is a crime that can be considered a Class A misdemeanor. As such, it's punishable by up to one year in jail plus up to $4,000 in fines and could result in a criminal record.
If someone carries a concealed weapon or handgun in a shoulder or belt holder on property with a warning sign, that person can be charged with a Class C misdemeanor and fined $200. This offense may be raised to Class A misdemeanor if they fail to depart upon request.
People with previous felony convictions who carry a firearm in certain prohibited locations could face harsher penalties. These offenses can become a third-degree felony, which can be punishable by up to 10 years in prison and up to $10,000 in fines.
Since federal law prohibits felons from possessing firearms, a person with previous felony convictions may face federal charges that carry longer prison sentences.
Enhanced Penalties
In Texas, certain firearm-related offenses are punished with enhanced penalties. This is common in cases where a person possesses a firearm while committing a crime, near a government building, or in a school zone.
The Need to Hire a Criminal Defense Lawyer
Criminal charges for unlawfully carrying or possessing a firearm can impact people's lives permanently, as they bring many challenges, including the following:
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Difficulty securing employment
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Ineligibility for federal higher education aid
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Challenges in finding housing
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Professional licensing issues
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Stringent restrictions on firearm ownership
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Loan application denials
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Reputation damage
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Travel restrictions, deportation, and other immigration problems
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Child custody issues
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Enhanced penalties and sentencing for subsequent charges
It's important to know that these charges don't have to harm a person's future. With the help of a criminal defense attorney, individuals who have been arrested for unlawful carrying or possession of a firearm can formulate a defense strategy to maintain their clean criminal record.
Criminal defense lawyers can also help offenders understand Texas gun laws and their legal rights, investigate the case, negotiate with prosecutors, and assess the evidence and the charges filed against them.
Defenses Spark Law Firm's Lawyers Can Use in Texas Gun Crime Cases
Attorneys can use several legal defenses in a case involving gun charges and violation of weapon laws. These are some of the most common:
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Lack of criminal attempt to carry the firearm
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Whether the alleged offender owned the property where they took the weapon to
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Whether the person who carried the weapon was inside or directly en route to a motor vehicle or watercraft owned or controlled by them
Why Contact a Criminal Defense Lawyer From Sparks Law Firm
At Sparks Law Firm, we have extensive experience handling firearm crime cases. Our legal team understands how the Texas legal system works and is ready to defend citizens' gun rights. People facing weapons charges can contact Spark Law Firm to get their cases reviewed. Call us today!