What Are The Limitations To Texas Gun Laws?

 Posted on July 30, 2021 in Criminal Defense

Texas lawmakers often profess the importance of Second Amendment rights and try to advance legislation supporting citizens’ right to possess a firearm. Texas politicians recently did this with the passage of “permitless carry,” which will allow you to open or conceal carry without a license or training when the law goes into effect in September. 

Texas is known for having gun laws that are less restrictive than laws in other states. However, there are still important restrictions that gun owners should be aware of. Violating firearm laws can lead to significant criminal penalties.

Texas Gun Laws

Presently, Texas laws governing the carry of firearms are fairly simple and straightforward. You need a permit to concealed carry a weapon (though that will change in September), you cannot shoot your gun unnecessarily, you cannot carry prohibited firearms, and there are certain places off limits if you have a gun on you.

• Unlawful carry is generally considered when you carry a weapon during the commission of a crime.

• Unlawful firearm possession is when you are a prohibited person -- like a felon or domestic abuser -- and possess a firearm.

• Unlawful discharge is when you shoot a gun in a public place or across a road for no reason.

• Possessing a prohibited weapon refers to a machine gun, short-barreled rifle or shotgun, silencer, etc.

• Unlawful transfer is when you give a firearm to a prohibited person.

In addition, it is against the law to carry a firearm in certain places even if you have a permit. These places include:

• Schools

• Airports

• Polling places on Election Day or during early voting

• Courts or government offices

• Public places while intoxicated

• Bars or restaurants that sell alcohol

• Jails or prisons 

• Racetracks

• Select places with a posted sign

Prosecution for these offenses could result in misdemeanor or felony charges depending on specific actions and your criminal background. 

Contact an Atascosa County Criminal Defense Attorney Today

If you have been charged with a gun crime, an experienced criminal defense attorney can advise you on your rights and build a strong defense on your behalf. The Wilson County gun crimes defense lawyers at BRCK Criminal Defense Attorneys have more than 40 years experience practicing law. Schedule a free consultation by calling 830-769-1010 today

Sources:

https://guides.sll.texas.gov/gun-laws/carry-of-firearms

https://gov.texas.gov/news/post/governor-abbott-files-u.s-supreme-court-amicus-brief-in-support-of-second-amendment-rights

https://www.statesman.com/story/news/politics/state/2021/06/23/heres-what-know-permitless-carry-texas/7770098002/