Theft of a Firearm in Texas

While Texas is known for being pro-gun, this doesn’t mean that it doesn’t take its gun laws seriously, and this includes the charge of theft of a firearm. The legal fines and penalties associated with a firearm theft conviction are steep to begin with, but there is also the social stigma that accompanies such a conviction to consider.

If you have been charged with theft of a firearm, turn to an experienced Round Rock gun charge defense attorney for the help you need today.

The Charge of Gun Theft in Texas

The charge of gun theft in Texas is simply an extension of the theft laws in the state.

These laws relate to the unlawful appropriation of property that belongs to someone else when the person doing the appropriating intends to deprive the legal owner of their property. Because guns have an inherent risk factor associated with them, however, the charge of gun theft carries heightened fines and penalties.

Fines and Penalties

Most theft charges are based solely on the value of the stolen item, which means the charge begins as a misdemeanor that doesn’t carry jail time and can escalate to a first-degree felony charge for theft involving assets in excess of $300,000.

A gun theft charge, however, begins as a state jail felony, and the value of the gun itself is immaterial. State jail felonies carry from 6 months to 2 years in a state jail facility and fines of up to $10,000.

Enhancements

There are specific instances in which a gun theft charge can be enhanced to an even more serious level.

The Gun Was Used as a Deadly Weapon during the Theft

If the stolen gun was used as a deadly weapon during the course of its theft, the charge can be enhanced to a third-degree felony, and a conviction can mean a prison sentence of from 2 to 10 years and fines of up to $10,000.

The Defendant Has a Prior Felony Conviction on Their Record

If the person accused of gun theft has a prior felony conviction on their record, the charge can be enhanced to a third-degree felony, which carries a prison sentence of from 2 to 10 years and fines of up to $10,000.

The Stolen Gun Was Used in the Commission of a Crime

If the stolen gun was later used in the commission of a crime, the defendant will face the charge associated with the crime along with the charge of gun theft, which can lead to a significantly harsher sentence.

It’s also important to point out that gun owners are required to report gun theft promptly. This is key to improving their chances of having the firearm returned to them, but it also plays an important role in protecting them from potential liability if the stolen gun is later used to commit a crime.

When a Gun Is Reported Stolen in Texas

Authorities in Texas take reports of stolen guns seriously, and they are motivated to take speedy action in order to help prevent the use of stolen guns in criminal activity.

To begin, the stolen gun will be entered into the nationwide database, which is used to both track and recover stolen property and is called the National Crime Information Center (NCIC). This database serves law enforcement agencies across the nation, and in so doing, it helps ensure that stolen guns are more readily located – even when they move across state borders.

Unlawful Possession vs. Gun Theft

Very few people are prohibited from carrying a gun in Texas. Permitless carry became legal in the state in 2021, allowing all those who are at least 21 years old to carry a gun legally without a permit.

Further, Texas doesn’t have a state firearm sales registry and implements no required waiting period for purchasing a gun. Texas is undeniably a gun-friendly state, but it takes the matter of unlawful possession of a firearm seriously.

Those who are disqualified from being in possession of a gun include all the following:

Convicted felons
Those convicted of certain domestic violence misdemeanors
Those who have an active protective order against them
Those who are intoxicated by alcohol or drugs
Those whose conditions of probation, deferred adjudication, or bond prohibit them from possession a gun

The general charge for illegal possession of a gun in Texas is a Class A misdemeanor, which carries a jail sentence of up to a year and a fine of up to $4,000.

However, if the accused has a prior felony conviction on their record or was carrying the gun in a restricted location, such as a school, the charge is elevated to a third-degree felony, and a conviction means from 2 to 10 years in prison and fines of up to $10,000.

While the crime of unlawful possession refers to illegally holding or being in control of a gun, gun theft refers to stealing a gun that belongs to someone else, and the charge begins as a state jail felony that can be enhanced to a third-degree felony.

Legal challenges require professional support. Reach out to a trusted Round Rock criminal defense attorney to discuss your options today.

Gun Basics in Texas

Consider all the following primary gun regulations in the State of Texas:

Texans need no license or permit to carry a long gun, such as a shotgun or rifle, in public places throughout the state.
Texans don’t need a license to purchase a handgun or a long gun in the state. To purchase a handgun or a long gun through a licensed dealer, however, a federal background check must be conducted, and this includes sales made at gun shows.
While permitless handgun carry is allowed in Texas, the state also issues licenses for concealed carry, which allows holders to carry legally in more places, affords reciprocity with other states, bypasses the need for background checks, and helps demonstrate the holder’s commitment to gun safety.

Common Gun Charges in Texas

Gun charges come in many different varieties in Texas, and having a better understanding of these can help you avoid finding yourself on the wrong side of the law.

Illegal Weapons or Illegally Modified Weapons

There are certain firearms that even Texas prohibits out of hand, and these include:

Short-barrel firearms, which include shotguns that have barrel lengths of less than 18 inches and rifles that have barrel lengths of less than 16 inches
Machine guns, which are firearms that can automatically – with a single trigger function – fire multiple rounds without requiring manual reloading
Zip guns, which are firearms that are improvised from other items that aren’t designed to fire bullets but are modified to do so
Explosive weapons, which refer to weapons that explode or blow up and include grenades, bombs, and rockets

Being in possession of an illegal weapon or an illegally modified weapon can lead to serious charges and serious legal consequences. Connect with an experienced Round Rock criminal defense attorney to safeguard your rights.

The Unlawful Purchase or Sale of a Gun

In Texas, it is against the law to engage in any of the following in relation to selling or purchasing a gun:

To sell, lease, rent, loan, or give a gun to anyone else when you know the recipient intends to use it unlawfully or to use it in the commission of a crime
To knowingly or intentionally sell, lease, rent, or give a firearm – or offer to take any of these actions – to someone who is younger than 18 years old
To knowingly, intentionally, or recklessly sell either a gun or ammunition for a gun to someone who is intoxicated by either alcohol or drugs
To knowingly sell a gun or ammunition for a gun to someone who has been convicted of a felony before five years have passed since the letter of release from confinement for that conviction or release from community supervision for that conviction
To sell, lease, rent, loan, or give a handgun to someone else when you know the recipient has an active protective order against them
Knowingly making a false statement on a form that is required for the purchase or sale of a gun or for another form of gun transfer

A Weapons Offense in a Weapons-Free School Zone

When a weapons offense is committed in what Texas identifies as a weapons-free school zone, the charge is increased a full level. This means that a Class A misdemeanor can be enhanced to a state jail felony, a state jail felony can be enhanced to a third-degree felony, and so on.

Weapons-free school zones throughout Texas include each of the following:

Anywhere that is within 300 feet of a school
Anywhere that an official school function is being held, including activities like field trips, away games, and school dances
Anywhere that an event the University Interscholastic League sponsors is happening

Carrying a Weapon Where It Is Illegal to Do So

There are certain places in Texas where it is illegal to carry a gun, including:

A school
A courthouse or courtroom
A polling place on election day
A racetrack
In an airport’s security areas
Private property – when the owner chooses to ban guns
Correctional facilities
On state capitol grounds
At political protests
In bars and other enterprises that derive most of their profits from alcohol

While you don’t need a permit to carry a gun in Texas, there are places where it’s illegal to carry a gun for virtually everyone.

Charges that Are Aggravated by Gun Possession

Possession of a gun in the commission of a crime is considered an aggravating factor, which means the law finds the act particularly dangerous. If the weapon is used or brandished during the commission of the crime, the charge is increased, and so are the attendant fines and penalties.

Common aggravated charges in the State of Texas include all the following:

Aggravated assault, which involves exhibiting a deadly weapon during the commission of an assault and elevates the charge to a second-degree felony that carries a prison sentence of from 2 to 20 years and fines of up to $10,000
Aggravated sexual assault, which refers to using or exhibiting a deadly weapon during the commission of a sexual assault and elevates the charge to a first-degree felony that carries a prison sentence of from 5 to 99 years – or to life in prison – and fines of up to $10,000
Aggravated robbery, which involves using or exhibiting a deadly weapon during the commission of a robbery and elevates the charge to a first-degree felony that carries a prison sentence of from 5 to 99 years – or to life in prison – and fines of up to $10,000
Aggravated kidnapping, which involves using or exhibiting a deadly weapon during the commission of a kidnapping and elevates the charge to a first-degree felony that carries a prison sentence of from 5 to 99 years – or to life in prison – and fines of up to $10,000

Yes, Texas has some of the most gun-friendly laws in the nation, but they also take their gun charges exceptionally seriously, and they impose fines and penalties that back this up.

It’s Time to Call an Experienced Round Rock Gun Charge Defense Attorney

Texas is known for being especially gun-friendly, but this doesn’t alter the fact that it has harsh gun charges on the books that include theft of a firearm. Brett Pritchard at The Law Office of Brett H. Pritchard is a seasoned Round Rock gun charge defense attorney who is committed to fiercely advocating for your legal rights – in forceful pursuit of an advantageous case outcome.

Your future is too important to leave to chance, so please don’t delay contacting or calling us at 254-781-4222 to schedule a free consultation and learn more about what we can do to help you today.