Although citizens have a constitutional right to bear firearms, state law imposes various regulations on owning or possessing guns. As a result, Texas criminal law includes various offenses involving firearms. When you violate the rules and restrictions governing the ownership, possession, or use of firearms, what gun charges could you face in Texas? Understanding Texas’s gun laws can help you own and possess firearms lawfully.
Overview of Texas Gun Laws
Texas firearm regulations aim to ensure the safe and responsible ownership and use of firearms. In recent years, Texas legislators have passed various laws that have broadened access to firearms, such as eliminating the requirement for adults to obtain a license, permitting handgun possession in public when state law otherwise does not prohibit the person from possessing a handgun. Recent laws also consolidated the list of places where individuals cannot lawfully possess firearms.
Common Criminal Charges Related to Firearms in Texas
Some of the most common examples of criminal offenses under Texas state law related to firearms include:
- Unlawful possession of a firearm: State law prohibits a person from possessing a firearm if they have a prior felony conviction, a domestic violence-related conviction, or if the courts have judicially disqualified an individual from possessing.
- Unlawful carrying of a weapon: A person may face criminal prosecution for carrying a firearm into a restricted place, such as a school, courthouse, polling place, or airport, or if a person possesses a firearm while intoxicated.
- Possession of a firearm by a minor: State law prohibits minors from possessing a firearm, except when using a long rifle for hunting, sport shooting, or target practice while under supervision.
- Unlawful use of a firearm: A person may face a criminal charge or enhanced penalties for another criminal conviction if they possess or use a firearm during the commission or attempted commission of a crime, or if they use a firearm in another unlawful manner, such as discharging a firearm into a building.
- Improper exhibition of a firearm: An individual can face criminal prosecution for brandishing/displaying a firearm or pointing a firearm at a person with the intent to threaten another person.
Potential Penalties and Consequences
The penalties a defendant may face for a conviction of a gun crime in Texas can depend on various circumstances, such as the nature of the offense, the grading of the charge (e.g., misdemeanor vs. felony), the presence of aggravating circumstances in the offense, or the defendant’s criminal history. A criminal sentence for a gun conviction can include penalties such as jail or prison time, probation (instead of incarceration), fines, and court costs. Felony convictions can also lead to the loss of firearm rights. Non-citizens can also face immigration consequences for a gun conviction. Finally, a criminal record with a gun offense can lead to difficulties in pursuing employment or housing opportunities.
Defenses to Firearm Charges
A person facing a firearms charge may have various defenses against the prosecution’s case, such as:
- Lack of possession
- Lawful possession
- Challenging the constitutionality of the statute
- Mistaken identity
- Alibi
- Lack of intent (if the offense has a specific mental intent as an element of the offense)
- Unlawful search and seizure by police or police interrogations that violate the defendant’s rights
Contact a Criminal Defense Attorney Today
After the police arrest you for a firearms offense, you need an experienced lawyer to help you protect your rights, reputation, and future. Contact Guest & Gray today for a free, confidential consultation with a criminal defense attorney to discuss your gun charges and learn more about your options for pursuing a favorable resolution to your case.
