What Is Texas Law Regarding Possession Of Guns And Other Weapons?
First, let us examine the change in Texas Gun Laws that occurred in September 2021. Prior to September 2021, in order to get a license to carry a handgun, you were required to pass a background check, complete a gun safety course, and prove that you are capable of safely and properly firing a handgun. If you had a questionable criminal history, the State of Texas could reject your application.
However, effective September 2021, individuals 21 years of age and older can legally possess a handgun without a license to carry outside their homes and/or vehicles. It is important to understand that although you must be 18 years of age or older to PURCHASE a gun, there is no age requirement related to possessing a firearm.
What if you have been arrested for illegal gun possession? Do you have a criminal defense to provide a dismissal of the charges? In order to adequately prepare for your criminal defense of a weapons charge, you must first examine what Texas criminal law defines as a weapons crime. Let us examine the Texas Penal Code definitions of weapons crimes in Texas:
Unlawful Carrying Of A Weapon Laws In Texas
If you are being charged with unlawful carrying of a weapon, you could be facing a jail sentence or a long probation that could affect your employment and clean criminal record. Generally speaking, it is against the law to carry a handgun, illegal knife, or club in “plain view” if you are not on your own premises or property.
Texas Penal Code §46.02 states that a person commits the offense of unlawful carrying of a weapon if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
• on the person’s own premises or premises under the person’s control; or
• inside of or directly en route to a motor vehicle that is owned by the person or under the person’s control.
A person commits this offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person’s control at any time in which:
• the handgun is in plain view; or
• the person is:
o engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
o prohibited by law from possessing a firearm; or
o a member of a criminal street gang, as defined by Section 71.01.
The most common scenario we find clients arrested and charged with Unlawful Carrying a Weapon is when they were pulled over for Driving While Intoxicated or suspicion of drug possession. For example, we have had many clients with a concealed carry license that were pulled over and ultimately arrested for DWI. It was not a crime to carry a gun in the car. However, the moment the officer believed they committed the additional crime of DWI, Texas law permitted the arrest for Unlawful Carrying of a Weapon (UCW).
Legal Consequences Of Unlawful Carrying Of A Weapon (UCW)
Under Texas criminal law, the crime of Unlawful Carrying of a Weapon is classified as a Class A Misdemeanor. If convicted, you could face up to one year in the county jail and up to a $4,000 fine. If you are a first-time offender, you will likely avoid jail time but could face a probation term of up to 2 years, along with court costs, probation fees and the cost of classes or other requirements.
Possession of A Prohibited Weapon Charges
Texas Penal Code §46.05 states that a person commits the offense of possession of a prohibited weapon if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
1. an explosive weapon;
2. a machine gun;
3. a short-barrel firearm;
4. a firearm silencer;
5. a switchblade knife;
6. knuckles;
7. armor-piercing ammunition;
8. a chemical dispensing device; or
9. a zip gun.
The punishment for possession of a prohibited weapon is a third-degree felony, punishable by a term in prison of not less than 2 years but up to 10 years and a fine of up to $10,000. However, if the prohibited weapon is a switchblade knife or knuckles, the crime will be classified as a Class A misdemeanor, punishable by up to 1 year in the county jail and up to a $4,000 fine.
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00:00 What Are The Weapon Laws
00:38 Fire Arm Carry Act 2021
01:35 What Is A Hand Gun?
02:16 When Does Open Carrying A Fire Arm Turn To A Deadly Conduct?
04:29 How Do I Comply With The Texas Holster Requirements?
05:01 What If You Carry A Gun And You're Intoxicated?
05:35 Can You Possess A Firearm In A Public Place?
09:29 What Happens If You're Charged With A Weapon Law Violation?
10:15 Defenses To An Unlawful Possession of A Gun
12:24 What If You're Facing A Deadly Conduct Charge?