Texas loves guns almost as much as they love BBQ. However, your right to carry handguns is limited. Read on to avoid an unlawful carrying weapon Texas charge.
Unlawful Carrying Weapon Texas
Texas defines unlawfully carrying of a weapon as a person who intentionally, knowingly, or recklessly carries a handgun on or about their person in the following circumstances:
- while under 21 (legal age to possess a handgun is 21)
- while prohibited from possessing a firearm under state or federal law
- has a previous conviction in the last five years for disorderly conduct displaying/discharging a firearm, terroristic threat, assault-bodily injury, or deadly conduct
- carries handgun while intoxicated
- displays the firearm in plain view while in public, aside from a holstered handgun
In Texas, unlawful carrying a weapon is a Class A misdemeanor punishable by a fine of up to $4K and up to one year in county jail. So, exercise caution. Keep your gun holstered or concealed and preferably only carry it to and from hunting.
Places Where Firearms are Prohibited
Texas explicitly prohibits possession of a firearm in the following places:
- high school, collegiate, professional or interscholastic event (however, licensed persons may still carry unless a sign is posted stating otherwise)
- correctional facility
- civil commitment facility
- nursing home or hospital (again, licensed persons may carry unless signage posted states otherwise)
- mental hospital
- amusement park (again, licensed persons may carry unless signage posted states otherwise)
- meeting room of a government entity during a scheduled open meeting (again, licensed persons may carry unless signage posted states otherwise)
- educational institution or school
- polling place while early voting is in progress or on Election Day
- courts and offices utilized by a court
- racetrack
- airport and the secured premises surrounding the airport
- place of execution and within 1000 feet of the place of execution
- alcohol licensed (51%) premises (again, licensed persons may carry unless signage posted states otherwise)
Depending on the location, carrying a firearm on prohibited property is either a Class A misdemeanor (with the above stated punishments) or a third-degree felony (punishable by a fine up to $10K and up to 10 years in prison).
Unlawful Firearm Possession
The right to own a gun is not afforded to everyone. Texas bans the following persons from possessing a firearm (at home or elsewhere):
- any persons within five years of release from felony community supervision, felony confinement, or felony parole
- any persons within five years of release from community supervision or confinement for an assault family violence conviction
Depending upon the unique circumstances, unlawful possession of a firearm will either be a Class A misdemeanor (punishable by a fine up to $4K and one year in jail) or a third-degree felony (punishable by a fine up to $10K and ten years in prison).
Prohibited Weapons
Texas has made it illegal to possess, manufacture, transport, repair, or sell the following weapons:
- machine guns
- explosive weapons
- improvised explosive weapons
- short-barrel firearms
Texas defines short-barrel firearms as any of the following:
- rifles with a barrel less than 16 inches
- shotguns with a barrel less than 18 inches
- rifles or shotguns with an overall length less than 26 inches
Possession, in general, is illegal of these weapons. Meaning they do not need to be on your person to be charged with illegal possession. Possession of a prohibited weapon is a third-degree felony punishable by a fine of up to $10K and ten years in prison.
Unlawful Carrying Weapon Texas Defense
We will negotiate to have your charges dropped or have the charges reduced. We’re here to fight for your right to bear arms. Contact us for a free consultation to begin strategizing your defense.
To find out how we can help you, contact our Criminal Lawyers at 512-400-7070 or send us a message for expert Unlawful Carrying Weapon Texas defense. We will schedule an initial client consultation to review your case details and lay out a game plan for your Unlawful Carrying Weapon Texas case. AZ Law Firm will pursue the legal action necessary to secure the fairest possible outcome for you and your loved ones.
We understand times are tough and that there probably hasn’t been a tougher time in your life. Although we could get away with charging exuberant amounts, we prefer not to as we are a law firm by the people, for the people. We do not want you to worry about whether you can afford to hire an attorney to protect and defend your rights. Call us and be surprised at the quality you receive compared to what other law firms will quote you!
Accordingly, the attorneys at AZ Law Firm will always provide you with a free initial consultation. During this initial consultation, our criminal lawyers will evaluate your case, inform you of any legal options that may be available, and allow you to ask any questions that you may have. AZ Law Firm offers affordable rates for all our clients and will work with you on payment plans. Our firm accepts checks, debit cards, and most major credit cards to cover the costs of your legal representation.
