Understanding Unlicensed Firearm Possession

Texas is well-known for its strong gun culture and firearm-friendly laws, but that doesn’t mean there aren’t legal restrictions in place. One of the most serious firearm-related offenses in the state is the unlicensed use of a firearm. If you or someone you know is facing charges related to this, it’s crucial to understand the law, the possible penalties, and potential legal defenses.

This blog will break down everything you need to know about carrying or using a firearm without a proper license in Texas. We’ll cover the legal framework, common scenarios leading to arrest, penalties, legal defenses, and how an experienced criminal defense attorney can help.

Texas Gun Laws

Before diving into unlicensed firearm use, let’s look at the basics of gun laws in Texas.

As of September 1, 2021, Texas law no longer requires most people over the age of 21 to have a License to Carry (LTC) to openly or concealed carry a firearm in public. This is due to the Constitutional Carry Law (House Bill 1927). However, just because the permit requirement was removed, it doesn’t mean anyone can carry a gun without consequences.

There are still restrictions on who can carry, where they can carry, and how they can carry.

What is Considered “Unlicensed Use of a Firearm” in Texas?

Even though Texas allows permitless carry, there are still cases where using or possessing a firearm without the proper authorization can lead to criminal charges.

The following situations are considered illegal use or possession of a firearm in Texas:

Carrying a Firearm While Prohibited

Even though Texas allows most adults to carry without a license, some individuals are not allowed to possess firearms. These include:

• Convicted felons (within five years of their release from confinement)
• Individuals convicted of domestic violence offenses
• People under protective or restraining orders
• Those legally deemed mentally unfit
• People who are intoxicated while carrying a firearm in public

Carrying in Prohibited Places

Certain locations still require a license to carry, or are entirely off-limits for firearm possession. Some examples include:

• Schools and school buses
• Government buildings (including courtrooms and polling places)
• Airports (beyond security checkpoints)
• Bars (where alcohol sales are 51% or more of total revenue)
• Private properties that prohibit firearms (if properly posted)

Using a Firearm in a Criminal Manner

Even if you are legally carrying, using a firearm in a criminal manner can result in serious charges. This includes:

• Discharging a firearm recklessly or in a public place
• Using a firearm while committing another crime (such as robbery or assault)
• Carrying a firearm with the intent to threaten or intimidate others

Minors in Possession of a Firearm

In Texas, minors (under 18 years old) cannot possess firearms unless they are under parental supervision or involved in lawful activities such as hunting or shooting sports.

Penalties for Unlicensed Use of a Firearm in Texas

The penalties for carrying or using a firearm without proper authorization can range from misdemeanors to felonies.

Unlawful Carrying of a Weapon (UCW)

• Class A Misdemeanor punishable by up to 1 year in jail and/or a fine of up to $4,000.
• If the offense occurs in a bar or other prohibited place, it becomes a third-degree felony, punishable by 2 to 10 years in prison and fines up to $10,000.

Felon in Possession of a Firearm

• Third-degree felony punishable by 2 to 10 years in prison and up to $10,000 fine.

Firearm Use in the Commission of a Crime

• If a firearm is used during another crime (such as assault, robbery, or drug-related offenses), penalties are significantly enhanced, leading to longer sentences and additional charges.

Legal Defenses for Unlicensed Firearm Use

If you’ve been charged with unlicensed firearm use in Texas, a strong legal defense is crucial. Some potential defenses include:

1. Lack of Knowledge: You may be able to argue that you were unaware you had a firearm in your possession, especially if it belonged to someone else or was in a shared vehicle.
2. Lawful Possession or Carry: If you were legally permitted to carry under the Constitutional Carry Law, and you were wrongly accused, this defense may apply.
3. Self-Defense: If you used a firearm in a self-defense situation, Texas law allows for justified use of force under the Stand Your Ground and Castle Doctrine laws.
4. Improper Search and Seizure: If law enforcement searched you or your property without probable cause, the evidence against you might be inadmissible in court.

Arrested? Don’t Plea, Call Me!

Facing a charge for unlicensed firearm possession in Texas can be overwhelming, with potential legal consequences that may impact your future. Understanding the law is the first step, but having an experienced criminal defense attorney on your side is crucial to building a strong defense.

At Texas Criminal Defense Group, we know how to navigate Texas firearm laws and protect your rights. If you or a loved one is facing a weapons-related charge, don’t wait—contact us today for a free consultation. Let us help you fight for the best possible outcome in your case.