In the State of Texas, as in numerous other states, it is illegal for an individual to possess a firearm if there is a felony conviction on their criminal record. In Texas, an individual is also required to have a valid permit to possess a firearm.
This means that possessing a firearm without a permit is illegal under most circumstances in Texas. Texas gun restrictions laws also prohibit certain individuals from possessing a firearm under any circumstances.
Under Texas Penal Code 46.04, these offenses are all referred to as unlawful possession of a firearm.
Who Can Carry a Handgun in Texas?
An individual is not required to have a license to carry a handgun in public in Texas if they meet the following requirements:
- They are at least 21 years old;
- They do not have any prior felony convictions;
- They have not recently been convicted of certain types of misdemeanors as described in the Texas Penal Code;
- They are not subject to an unexpired protective order as described in the Texas Penal Code;
- They have not been restricted from possessing a firearm under federal law as described in the U.S. Code; and
- They are not in an intoxicated condition, except in certain situations as described in the Texas Penal Code.
The new Texas unlawful carrying of a weapon laws updated in 2021 does not confer a right to carry a handgun on any individual who was prohibited from doing so before the new law took effect.
How Does Texas Define Unlawful Gun Possession?
In Texas, unlawful gun possession is defined as having a firearm if an individual:
- Has a prior felony conviction;
- Is currently subject to a domestic violence restraining order;
- Is present in the U.S. on a non-immigrant visa;
- Was dishonorably discharged by the military;
- Has been convicted of a misdemeanor assault against a family or household member; or
- Is the subject of a protective order.
Additionally, an individual must be old enough to possess a firearm. To purchase a rifle, an individual must be 18 years of age.
In order to purchase a handgun, an individual must be 21 years old. An underage individual cannot legally own a firearm.
However, a minor may legally use a firearm to defend themselves or to hunt.
If I Can Carry a Gun, Can I Carry It Everywhere?
Even if an individual possesses a firearm legally, it is still against the law to carry that firearm into an area that is designated by law as a gun-free zone in Texas. The areas that are designated as gun-free zones include the following:
- The campus and building of a public school;
- Any place in which a school activity or event is taking place;
- Buildings in which courts are located;
- Racetracks;
- Polling places;
- Airports;
- Established gun-free zones on college campuses;
- Hospitals;
- Prisons; and
- Businesses that derive more than 50% of their income from selling alcohol.
An individual may legally carry their handgun if they are traveling to or from their own home. A business may have a sign stating that it is a gun-free zone. In that case, an individual may be prosecuted if they choose to bring their weapon into the business.
Can I Carry a Gun in Some Places Even if I Do Not Have a License?
An individual can carry a weapon without a permit when they are on their own property. Even if five years have passed since an individual has been released from imprisonment after being convicted of a felony, they still cannot carry a weapon on their own property without a permit.
An individual who is not a convicted felon or who is not otherwise disqualified may legally carry a firearm in their vehicle or boat in plain sight while they travel without a permit or license.
The Texas Penal Code prohibits any individual who is actively involved in criminal activity from carrying a gun in a vehicle or watercraft. Another issue that may arise related to gun possession is intoxication.
If an individual is intoxicated, they are no longer legally permitted to carry a firearm. In addition, the majority of bars and taverns are considered gun-free zones.
It is also important to note that the penalties for driving under the influence increase if an individual has a gun in their car.
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Can I Carry a Gun if I Am a Member of a Criminal Gang?
In Texas, the law prohibits an individual from possessing a firearm if law enforcement suspects that they are a member of a criminal street gang. Under Texas laws, a criminal street gang is a group of three or more individuals who regularly commit crimes.
The group has to have a sign of membership in order to be considered a criminal street gang. This may include a specific color that they wear, a logo, a hand sign, a tattoo, or a symbol.
The criminal street gang also has to have a leader. While an individual might not be a gang member, they might be mistaken for one by law enforcement officers.
An officer might suspect that an individual is involved in gang-related activity and that individual possesses a firearm. If so, the officer may arrest the individual for unlawfully carrying a weapon.
What Is the Penalty for Unlawful Possession of a Firearm in Texas?
In the State of Texas, unlawful possession of a weapon is typically charged as a Class A misdemeanor. The offense can, however, be upgraded to a third-degree felony if an individual carries their weapon in an area that serves alcoholic beverages.
There are other circumstances in which this offense can also be charged as a third-degree felony. The punishment for conviction of a Class A misdemeanor in Texas may include:
- Up to one year in jail;
- Fines up to $4,000;
- Possible community service;
- Possible probation period;
- A combination of these.
The offense of being a felon in possession of a firearm in Texas is a third-degree felony. A conviction for this charge carries harsher penalties, including:
- Imprisonment for two to ten years;
- Criminal fines of up to $10,000;
- A combination of both.
Can I Still Be Arrested if I Am Now Legally Allowed to Carry a Weapon?
An individual who is a convicted felon cannot possess a firearm for five years after they have been released from imprisonment or community service. Once five years have passed, the individual may only possess firearms inside their home.
If a convicted felon is found to have a firearm outside their home, they can be arrested for unlawful possession of a firearm.
Why Can I Not Possess a Firearm When I Was Only Convicted of a Domestic Charge?
An individual who was convicted of assault involving a member of their household or family is not permitted to possess a firearm for five years after their release from imprisonment or community service. This applies even if the individual did not use a firearm in the commission of the assault.
If an individual possesses a firearm within those five years, it will be considered unlawful possession of a firearm.
Do I Need an Attorney to Help Me With My Unlawful Possession Case?
If you have been charged with unlawful possession of a firearm, it is essential to consult with a Texas criminal attorney. Your attorney can review the evidence against you and determine if any defenses are available.
Your attorney may also be able to negotiate with the district attorney to resolve your case in a more favorable manner and avoid a felony conviction. Because a felony conviction can affect your employment, child custody, and other issues, having legal representation is essential to protect your rights.
