Texas has a reputation for being a gun-friendly state, and in many ways, it is. However, the state also takes its gun laws very seriously, and even a first-offense gun charge can carry hefty fines and penalties along with social consequences.
If you’re facing a gun charge, bringing your strongest defense is paramount, and an experienced Killeen criminal defense attorney is standing by to help.
Texas Gun Laws Are Complex – and Always Evolving
To begin, it’s important to know who is allowed to carry a gun in the State of Texas, and the answer is complicated. Prior to 2021, Texans were required to have a license to carry (LTC) in order to open carry or to carry a concealed gun.
However, since the passage of HB 1927, Texas has what’s called constitutional carry. This law allows anyone who qualifies to carry a gun openly or concealed without a license wherever and whenever it is legal to do so.
Those Who Qualify
In order to carry a gun in Texas without a license, you must meet all of the following requirements:
You must be at least 21 years old – however, a recent court finding could change this restriction.
You can’t have a prior felony or specific misdemeanors on your record.
You can’t be subject to a current protective order.
You can’t be prohibited from possessing a firearm under any federal laws.
Finally, if you were restricted from carrying a gun in Texas prior to 2021, the new law doesn’t lift the restriction.
How to Carry Legally
While constitutional carry affords you the right to carry a gun without a license in Texas, this right doesn’t extend to carrying in the following restricted areas:
Schools and educational institutions, school vehicles that transport students, and grounds where school activities are taking place
Polling places – including when early voting is happening
Courthouses and court offices
Any rooms where governmental entities are conducting open meetings
The secure areas in airports, usually the areas on the other side of the metal detectors
Any businesses that obtain at least 51 percent of their revenue from alcohol sales, such as bars
Professional sporting events
Hospitals and nursing homes
Correctional and civil commitment facilities
Racetracks
Amusement parks
Churches
Additional Restrictions
There are some additional rules, regulations, and information that it’s helpful to know in relation to the constitutional carry laws in Texas:
Employers can prohibit the carrying of firearms in the workplace, and this restriction can extend to the parking lot.
Those who are intoxicated can’t carry a gun unless it’s on their own property – with some additional exceptions.
While there are no mandatory training requirements for constitutional carry, the Department of Public Safety does offer a free online firearms safety course.
If you open carry a gun in Texas, it must be holstered, but there are no longer any restrictions regarding the type of holster you’re required to use.
Purposefully displaying an unholstered handgun in public and in plain view of someone else is illegal.
No licensing requirements apply to purchasing firearms in Texas unless you purchase through a licensed dealer, which necessitates a federal background check.
Your First-Time Gun Charge
If you are facing a gun charge and it’s the first mark on your criminal record, this fact will very likely affect the way your case proceeds. Every criminal case is unique to the circumstances involved, and the criminal history of the accused is an important variable. For example, a felon can face a much harsher charge for illegal gun possession than someone with a clean record would.
The fact that the charge against you is your first can work to your distinct advantage, and having a trusted Killeen criminal defense lawyer in your corner can help to ensure that your case is resolved as favorably as possible.
The Unlawful Possession of a Firearm
The most common gun charge in the State of Texas is unlawful possession of a firearm. If you don’t have a license to carry a gun in Texas and you’re not eligible to carry under the state’s constitutional carry laws or if you carry a gun outside of the legal parameters, it can lead to the charge of unlawful possession of a firearm.
The charge is generally a Class A misdemeanor, and if you’re convicted, you could face up to a year in jail and fines of up to $4,000. Some possession charges are enhanced to third-degree felonies, which carry sentences of up to 10 years in prison and fines of up to $10,000. A prime example is carrying a gun where it is strictly forbidden to do so, such as in a bar.
If the charge is your first, your skilled Killeen criminal defense attorney will be far better positioned to effect an advantageous case outcome, which could mean the charge being dismissed altogether or a resolution in which you do no jail time. Those with prior convictions on their records are more likely to face harsher sentences.
Regardless of the kind of possession charge you face, the fact that your record is clean sets the stage for more robust negotiations with the prosecution.
The Unlawful Transfer of Certain Weapons
In the State of Texas, it is against the law to sell or give a gun to someone when you know or reasonably should know that it will be used for illegal purposes. It’s also illegal to sell or give a gun or certain other weapons to anyone who is underage. Further restrictions include selling or giving firearms or ammunition to any of the following people:
Someone who is intoxicated
Someone who is a felon
Someone who is the subject of a protective order
Finally, it’s also against the law to make a materially false statement on a form that is being used to transfer gun ownership when you are prohibited from possessing a firearm in the first place.
The charge of unlawful transfer of a gun in Texas is generally charged as a Class A misdemeanor, which carries a jail sentence of up to a year and fines of up to $4,000. There are, however, potential enhancements that include giving a handgun to a child and transferring a gun within 300 feet of a school, a school function, or a school game.
The Discharge of a Firearm in Certain Municipalities
It is illegal to recklessly discharge a firearm inside the corporate limits of any municipality with a population of at least 100,000. While reckless discharge in this context isn’t defined and the statute hasn’t been modified since 1995, the law is codified under Offenses against Public Order and Decency: Disorderly Conduct and Related Offenses.
The discharge of a firearm in certain municipalities is a Class A misdemeanor, carrying up to a year in jail and up to $4,000 in fines.
The Reckless Discharge of a Firearm
Under certain circumstances, discharging a firearm in public or on private property is prohibited. It is against the law to engage in either of the following actions:
To knowingly discharge a firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises
To recklessly or negligently discharge a firearm outdoors on any property that’s used primarily as the site of a dwelling or that’s zoned exclusively for residential use
The charge is a Class A misdemeanor, and the same sentence of up to a year in jail and fines of up to $4,000 applies.
Using a Weapon in the Commission of a Crime
The use of a weapon in the commission of a crime generally qualifies as an aggravating factor, which means that the charge and its attendant fines and penalties can be increased.
Special Considerations
The following charges and associated penalties can help flesh out your understanding of gun charges in Texas:
The Class A misdemeanor charge also applies to the unlawful possession of weapons such as switchblades, billy clubs, and other strike weapons.
Having a loaded gun where a child can access it is a Class C misdemeanor, which is punishable by fines of up to $500.
It’s a third-degree felony to carry a handgun in a bar or any other business that generates at least 51 percent of its revenue from alcohol sales. The charge carries up to 10 years in prison and fines of up to $10,000.
Deferred Adjudication and Gun Charges in Texas
Deferred adjudication in Texas is much like probation (which is officially called community supervision in Texas) in that it allows you to serve your sentence outside the walls of a jail or prison.
Probation keeps the conviction as a matter of public record, which can cause significant social consequences. On the other hand, successful completion of deferred adjudication will not leave a conviction on your record. While probation can sometimes be granted by a jury in the State of Texas, a deferred adjudication cannot.
First-Time Offenders
Deferred adjudication is generally reserved for first-time offenders, and if the individual under deferred adjudication successfully completes the involved terms, the underlying charge won’t show up as a conviction on his or her record. While the deferred adjudication itself won’t disappear, a successful motion for non-disclosure can seal it from public view.
Your Case Won’t Go to Trial
Only a judge can grant a deferred adjudication, which means that if you elect to fight the charge, deferred adjudication is off the table. Failure to comply with the terms of deferred adjudication can lead to a sentence within the statutory range of the original charge. As such, you could face the full sentence you would have served if you hadn’t received deferred adjudication.
Because every criminal charge is unique, it’s important to consider the benefits of deferred adjudication in relation to the strength of your defense before determining the best path forward for you. In this effort, you’re well advised to have skilled legal counsel on your side. Contact a seasoned Killeen criminal defense attorney for help with this decision.
Social Consequences
In addition to the legal fines and penalties you face for a first-time gun charge, there are social consequences to consider:
A conviction can affect your ability to retain your current job or to find a new one.
A conviction can affect your ability to rent a place to live or to obtain a home loan.
A conviction can affect or void your professional licensure.
A conviction can affect your overall social standing.
A conviction can interfere with your ability to obtain a federal student loan and further your education.
Having a criminal conviction on your record can derail the future you’ve planned for yourself. Consult with a focused Killeen criminal defense attorney today to protect your rights and your future.
FAQ about First-Time Gun Charges
Do You Need a License to Carry a Gun in Texas?
Under constitutional carry, you don’t need a license to carry a gun in Texas in most situations. However, there are eligibility requirements and restrictions regarding where you can carry.
Can Anyone Carry a Gun in Texas?
Only those who are eligible for constitutional carry or who have LTCs can legally carry firearms in the state.
Does It Matter that I’ve Never Faced a Gun Charge Before?
Having a clean record can make a difference in the outcome of your case – seek experienced legal guidance from a Killeen criminal defense attorney.
Speak with an Experienced Killeen Criminal Defense Attorney Today
Brett Pritchard at The Law Office of Brett H. Pritchard – a well-respected Texas criminal defense group – is a knowledgeable Killeen criminal defense attorney who is committed to fiercely pursuing the best possible case resolutions for his valued clients, and he is standing by to help you.
Our practiced legal team has decades of imposing experience guiding challenging cases like yours toward optimal outcomes, and we encourage you to reach out for more information about what we can do for you by contacting us online or calling us at (254) 781-4222 and scheduling your FREE consultation today.