When Can Carrying Weapons Result in Criminal Charges in Texas?

 Posted on July 19, 2023 in Weapons Violations

People in the state of Texas value their Second Amendment rights, and many residents own and carry firearms. However, even though Texas has fewer firearm restrictions than many other states, there are still some laws in place that limit where guns can be carried and prevent certain people from possessing or carrying dangerous weapons. For gun owners in Texas, it is important to understand the laws regarding the carrying of weapons and the potential criminal charges that may apply when a person is accused of violating these laws. Weapons violations may include:

Unlawful Carrying of a Weapon

In Texas, it is illegal to carry handguns in public unless certain requirements are met. A handgun can only be carried in public in plain view of others if it is kept in a holster. A person can carry a handgun in a vehicle if it is kept out of plain view, although if they have a valid handgun license, they may carry a handgun in a holster. Handguns can also generally be carried while a person is on their own property, on someone else’s property with the consent of the owner, or en route to a vehicle or boat. 

People who violate these requirements may face criminal charges. Carrying a handgun in public is also prohibited for people who are intoxicated and people who are engaging in criminal activity other than class C misdemeanors or traffic violations. These violations may result in Class A m isdemeanor charges, and a conviction could lead to a sentence of up to one year in jail and a maximum $4,000 fine.

Felony charges may apply for those who carry firearms when they are not allowed to do so because of previous criminal convictions. If a person carries a handgun after being convicted of a felony offense, they may be charged with a second degree felony, and if they are convicted, they could be sentenced to between two and 20 years in prison. A person who was prohibited from possessing a firearm because of a misdemeanor domestic assault conviction or because they are subject to a domestic violence restraining order may be charged with a third degree felony for unlawfully carrying a weapon, and they could be sentenced to two to 10 years in prison. Felony convictions may also result in up to $10,000 in fines.

Carrying Firearms in Prohibited Places

Carrying a weapon into certain locations is strictly prohibited in Texas. These locations include schools, government buildings, polling places, hospitals, courts, racetracks, sporting events, amusement parks, businesses that serve alcohol, and secured areas of airports. In most cases, a violation of this law will result in third degree felony charges. However, carrying a firearm at a sporting event, hospital, or amusement park will usually be charged as a Class A misdemeanor.

Contact Our Fort Worth Weapons Violations Lawyer

It is essential to consult with an experienced criminal defense attorney if you are facing charges relating to carrying weapons in Texas. At The Dameron Law Firm, our Tarrant County weapons charges defense attorney can guide you through the legal process, protect your rights, and provide a strong defense on your behalf. Contact our office today at 817-222-0624 for a free consultation. 

Sources:

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

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm