Navigating Firearm Charges in Texas

 Posted on November 14, 2022 in Criminal Defense

 Texans tend to be very proud of their right to keep and bear arms, as is defined under the Constitution’s Second Amendment and Texas state law. Texas has some of the more forgiving laws in the United States regarding weapons possession and the practice of open-carry firearms, which is why it can be shocking when someone finds themselves charged with a weapons violation. Contrary to popular belief, you can still find yourself in legal hot water for possessing or using a firearm, even in Texas.

Anyone charged with a weapons violation in Texas must take the charge seriously. Weapon violations are serious offenses, and failing to take the situation seriously can subject an individual to unfavorable consequences. Therefore, if you have been charged with a weapons violation in Texas, it is a good idea to pursue legal guidance as soon as possible to pursue a favorable outcome. 

Basic Gun Laws in Texas

Under Texas law, anyone 18 years of age or older without a felony on their record may own a firearm. If you are interested in purchasing a handgun from a licensed dealer, you must be at least 21. If you successfully complete a training course, you can become eligible to receive a license to carry, otherwise known as an LTC, which allows you to wear a pistol openly in a shoulder holster or belt. 

Gun Crimes in Texas 

According to the Texas Penal Code, an individual commits a weapons offense if:

• They intentionally, deliberately, or carelessly carry a handgun on or about their person and are younger than 21 years old or have been convicted of a violent crime or another felony.

In Texas, specific limitations exist regarding who is legally allowed to carry a gun and where they may do so. Failing to follow the law can result in misdemeanor and felony gun charges, which include:

• Illegal Carrying of Weapons – This refers to someone possessing a weapon while committing a crime other than a Class C misdemeanor. 

• Illegal Possession of a Firearm – This refers to when a person acquires a gun within five years of a felony conviction or a discharge from community observation following a felony crime or domestic violence incident. 

• Criminal discharge of Weapon - This is when someone fires a gun in a public area or across a public roadway. 

• Possession of Forbidden Weapon – This refers to automatic firing weapons, short-barrel guns, armor-piercing ammo, zip guns, and non-relic silencers.

• Unlawful Transferal of Certain Weapons – This constitutes the sale, lease, rental, loan, or giving of a firearm to someone not allowed by law to possess it. This includes minors under 18 and any convicted felons. 

• Unlawful Transportation of Handgun by License Owner – This refers to when someone carries a weapon somewhere it is not allowed.

Where Are Guns Not Allowed in Texas? 

Regardless of whether you are licensed, you can be cited for a firearm violation if you bring it into a: 

• School or other educational institution

• Airport

• Polling place on election day or early voting

• Government court or related office

• Public area while intoxicated 

• Restaurant or bar where 51% of revenue comes from the sale of alcohol

• Correctional facility

• Racetrack 

In addition, other places where possession of firearms can be prohibited by notice include nursing homes, amusement parks, hospitals, and places of worship.

Contact an Atascosa County Gun Charges Attorney

Taking a gun charge seriously and contacting an experienced defense attorney are the first steps in pursuing a favorable legal outcome for yourself. Contact the skillful Jourdanton gun charge defense lawyers with BRCK Criminal Defense Attorneys if you have been charged with a weapons crime. Call 830-769-1010 for a free consultation. 

Source: 

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm