Texas law specifically addresses the matter of carrying handguns on college campuses.
Texas is a conservative state, and it has very loose gun laws. However, gun charges are not minor crimes, and a conviction carries serious consequences. When facing a gun charge, bringing your strongest defense is key. The surest path forward is to seek the legal guidance of a criminal defense attorney.
Common Gun Charges in Texas
The most common gun charges in Texas include unlawful possession of a firearm and criminal possession of a firearm.
Unlawful Possession of a Firearm
In Texas, it is illegal to carry a firearm in the following circumstances:
- The carrier is 20 or younger.
- The carrier has a criminal record that temporarily or permanently prohibits firearm possession.
- The carrier displays the firearm in plain view and unholstered in public.
- The carrier is intoxicated.
Unlawful carrying of a weapon is generally charged as a Class A misdemeanor, punishable by up to one year in jail and fines up to $4,000.
In certain situations, like carrying a gun in a business that sells alcohol, the charge can be elevated to a third-degree felony, which carries 2 to 10 years in prison with fines up to $10,000.
Criminal Possession of a Firearm
It’s illegal to carry a gun in the State of Texas – at home or in public – within five years of completing a felony prison sentence, including any of these components:
- Incarceration
- Parole
- Community supervision
Five years after the felony sentence was served, the individual regains the right to carry a weapon at a residential address but not in public.
This restriction also applies to those who served a sentence for assault in the commission of family violence. Further, anyone under a restraining order or convicted of domestic violence is restricted from carrying a gun.
A criminal possession charge is a third-degree felony, and a conviction carries these penalties:
- From 2 to 10 years in prison
- Fines up to $10,000
Where Guns Are Always Illegal in Texas
In certain places in Texas, it is always illegal for anyone but officials to carry a gun:
- Schools and other educational institutions, school buses, and school activities
- Polling locations
- Airports
- Courts and related offices
- Restaurants and bars where more than half the revenue comes from alcohol sales
- Correctional facilities
- Racetracks
Firearms can be prohibited by notice in the following locations:
- Amusement parks
- Places of worship
- Nursing homes
- Hospitals
Carrying a Gun Without a License to Carry
In Texas, you don’t need a license to possess and carry a gun if you meet these specifications:
- You’re at least 21 years old.
- You’ve never been convicted of a felony.
- In the last five years, you haven’t been convicted of assault, terroristic threat, deadly conduct, or disorderly conduct.
- You’re not subject to a protective order.
- You’re not intoxicated.
- You carry the firearm in a holster.
Discharge of a Firearm in Texas
Discharging a gun can have criminal consequences. Reckless discharge of a firearm in a municipality with a population over 100,000 is a crime, but this law doesn’t extend to shooting guns out in the country.
Discharge of a firearm is a Class A misdemeanor in Texas. A conviction carries jail time of 180 days to a year and fines up to $4,000.
In general, it’s illegal to discharge a gun in either of these situations:
- Knowingly discharging a gun over a highway, street, paved public road, or occupied premises
- Recklessly or negligently discharging a gun on property used primarily for a dwelling or that is zoned for residential use only
Possession of a Forbidden Weapon
The following kinds of firearms and ammunition are forbidden in Texas and the nation:
- Sawed-off shotguns
- Automatic weapons, unless legally registered under federal law
- Armor-piercing ammunition
- Explosive weapons, including improvised explosive devices
- Chemical dispensing devices
- Zip guns
- Tire deflation devices
- Silencers, unless legally registered under federal law
Possession of a forbidden weapon other than a tire deflation device is a third-degree felony, which carries 2 to 10 years in prison and fines up to $10,000. A conviction regarding a tire deflation device is a state jail felony with a jail sentence of up to 2 years and fines up to $10,000.
The Unlawful Transfer of Weapons
In Texas, some weapon transfers are illegal. For example, it is illegal to sell, rent, lease, loan, or give a gun to someone you know will use it illegally. These kinds of weapon transfers are also prohibited:
- Giving or supplying a child under 18 with a restricted gun, club, or knife
- Selling or providing a gun or ammunition to an intoxicated person
- Selling or providing a gun or ammunition to a felon before the fifth anniversary of their punishment’s resolution
- Selling a gun to someone under a protective order
The charge of unlawful transfer of a weapon is generally a class A misdemeanor, which brings up to a year in jail and fines up to $4,000. If the charge involves a child, it’s a state jail felony, with 180 days to 2 years in jail and fines up to $10,000.
Aggravated Assault with a Deadly Weapon
Weapons charges in Texas become more serious when violence is involved, such as with aggravated assault with a deadly weapon. This charge can be brought in these situations:
- When someone intentionally or recklessly causes someone else to suffer serious bodily injury
- When someone shows or uses a deadly weapon during an assault, which includes threatening bodily injury or engaging in offensive conduct
Anything “designed, made or adapted for the purpose of inflicting death or serious bodily injury,” including firearms, qualifies as a deadly weapon. Ultimately, nearly anything that can be used to harm qualifies, including these items:
- Plastic bags or pillows used to suffocate
- Cars
- Boats
- Fists and hands
- Boots
More obvious weapons, such as bats, knives, and swords, also qualify.
The charge of first-time-offender aggravated assault with a deadly weapon in Texas is usually a second-degree felony, punishable by 2 to 20 years in prison and fines of up to $10,000.
If this isn’t your first gun charge, the penalties can be enhanced.
An aggravated assault with a deadly weapon conviction may require restitution (reimbursing the victim for losses, such as medical expenses and counseling costs).
FAQ About Texas Gun Charges
If you have questions about gun charges in Texas, the answers to frequently asked questions may help.
What Are the Laws About Long Guns?
Texas does not have a law prohibiting long guns, such as shotguns, rifles, or pistol caliber carbines. However, it’s illegal to carry or display a gun in a way meant to alarm others, which includes brandishing it or pointing it at others.
Anyone barred from possessing handguns under state or federal law is similarly prohibited from possessing long guns.
What Are the Laws About Carrying in My Car?
If you’re allowed to possess a gun, you can generally transport a gun in any vehicle under your control. If the gun in your vehicle is in plain view, you must be at least 21 years old and have a license to carry or have the gun holstered. It is illegal to carry a gun in your vehicle while committing any crime except traffic violations.
What About Concealed Weapons?
When Texas changed their gun carry laws to allow anyone over 21 – who isn’t otherwise banned – to carry a gun in Texas without a license, carrying a concealed gun without a permit also became legal.
How Old Do I Have to Be to Buy a Gun in Texas?
In Texas, you must be 18 or older to buy a long gun from a licensed dealer and must be 21 or older to buy a handgun. However, federal law generally bars anyone under 18 from possessing a handgun unless a specific exception applies, such as protecting oneself from a home intruder or using the gun for hunting.
What Is the Campus Carry Law in Texas?
The campus carry law authorizes anyone with a license to carry a concealed handgun on college campuses in Texas. However, this right is subject to reasonable regulations set forth by the institution of higher learning. Concealed handguns are generally only allowed in certain areas of the campus.
What If I’m Visiting from Another State?
The State of Texas has reciprocity agreements with some states, which means that if you have a concealed carry license from a state where reciprocity is established, you can legally engage in concealed carry in Texas. However, it’s important to know your state’s reciprocity with Texas.
Additionally, some states have unilateral agreements with Texas, which generally means that Texas recognizes their concealed carry licenses, but they don’t recognize Texas’ concealed carry licenses.
An Experienced Texas Criminal Defense Attorney Is Standing by to Help
If you are facing a gun charge in Texas, it’s a serious matter that can directly impact your future. While you can represent yourself in criminal matters, it’s not a good idea. You need the guidance of an experienced Texas criminal defense attorney.
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