Texas Gun Laws: Carry of Firearms
Understanding Texas firearm possession laws is crucial to avoid breaking the law when it comes to owning guns. People know the Lone Star State for its deeply ingrained gun culture. Due to this, it has established a comprehensive set of regulations to govern the carrying of firearms.
These regulations aim to balance the rights of individuals to bear arms with the imperative of public safety. Generally, Texas maintains a permissive stance toward firearm ownership. However, there are specific situations and locations where the possession and transportation of firearms can lead to criminal charges.
As such, it becomes paramount for gun owners to acquaint themselves with these situations. This ensures they remain compliant with Texas legislature and avoid unintended legal complications.
Legal Age
If you are under 18 years old, it is unlawful for you to carry a gun in Texas. According to Texas Laws, the legal age for carrying a firearm is 18 years old. Adults who meet the age requirement can carry concealed handguns with a valid License to Carry (LTC). People also know this license as a concealed carry permit.
This permit allows individuals to carry a handgun on their person or in their vehicle. However, they must complete the requisite training and background checks. Federal laws also control buying handguns from licensed dealers, with a minimum age requirement of 21 for buyers.
No Prior Felony Convictions
The legality of carrying a firearm in Texas hinges on a range of factors, including a person’s criminal history. In Texas, those with a state jail felony or higher cannot possess or carry a firearm. This law shows how important it is to have a clean criminal record if you want to carry a firearm.
People without previous felony charges can usually apply for a Texas License to Carry (LTC) and legally carry concealed handguns. Generally, provided they meet other prerequisites, such as completing required training and background checks.
No Convictions for Certain Misdemeanors
Certain types of crimes can result in limitations on carrying guns. Sections 46.02 and 46.04 of the Texas Penal Code outline these limitations.
The types of misdemeanors are as follows:
- Assault
- Terroristic Threat
- Deadly Conduct
- Disorderly Conduct
- Stalking
- Violation of a Protective Order
- Harassment
These sections delineate the misdemeanors that can result in temporary disqualification from firearm possession.
No Unexpired Protective Orders
The legality of carrying a firearm in Texas involves considerations beyond just criminal convictions. People with active protective orders may have limits on owning guns, according to Section 46.04(c) of the Texas Penal Code.
Courts issue protective orders in cases of domestic violence or other threats. They design them to ensure the safety of the people involved. As a precautionary measure, those subject to such orders may be prohibited from possessing firearms for the duration of the order.
Unrestricted Under Federal Law
Federal regulations intricately tie the legality of carrying a firearm in Texas. According to United States Code Section 922(g), certain individuals are prohibited from possessing firearms under federal law.
This includes individuals convicted of felonies, those with certain misdemeanor convictions, fugitives, individuals with restraining orders, and those deemed mentally incompetent.
Meeting state criteria for firearm possession doesn’t ensure legality if federal law restricts possession, potentially making carrying a firearm illegal. Even with state compliance, federal restrictions can override the state’s stance on firearm possession.
Free from Intoxication
When openly carrying a firearm in Texas, it is important to consider intoxication as a significant factor. Sects Penal Code outlines this requirement. People should not be drunk while holding a gun, except when they are at home or in licensed establishments.
By outlining exceptions for specific situations, the law seeks to strike a balance between individual rights and public safety. It ensures that firearm possession remains within appropriate bounds and does not endanger the well-being of the community.
Penalties and Consequences
Altogether, the unlawful carry of firearms in Texas carries significant penalties and consequences under Texas criminal laws. Violations of firearm regulations can result in criminal charges, potentially leading to serious legal repercussions.
Unlawful carry of firearms can lead to criminal charges in Texas. These charges can range from class A misdemeanors to 3rd degree felonies. Generally, it depends on the severity of the offense and the person’s criminal history.
A conviction can result in both substantial fines and jail sentences. Misdemeanor charges can lead to fines up to $4,000 and up to one year in county jail. Felony charges can lead to fines up to $10,000 and several years of imprisonment, with higher penalties for more serious offenses.
Arrested? Don’t Plea, Call Me!
If you have are arrested for unlawful gun carry, it’s crucial to seek assistance from a skilled criminal defense attorney. They can give you important advice, guide you through the legal stuff, and represent you in court.
As an experienced criminal defense lawyer, I can look at all the facts of your case and investigate your charges. Then, I’ll strategize a strong defense plan specifically for your case. I can talk to the other side for you and stand up for your rights in court.
I will clarify the consequences of your conviction if you face charges. These consequences may include imprisonment, monetary penalties, or other forms of punishment. I’ll try to make sure the charges do not make a lasting impact on your life and future.
The whole criminal justice system can be really complex and scary. But having an experienced criminal defense lawyer on your side can make a big difference. They can explain things to you, help you understand your options, and support you all throughout the legal process. They will review evidence, gather witness statements, and search for anything that could improve your situation.