The Texas Penal Code contains extensive provisions regarding the possession, carrying, and use of firearms. As a state with strong Second Amendment traditions and comprehensive weapons regulations, Texas maintains specific legal frameworks that govern everything from basic handgun possession to location restrictions and prohibited weapons.

This guide examines the key aspects of Texas firearm laws, including definitions, common offenses, restricted locations, possible consequences, and more.

Basic Weapon Definitions in Texas

The Texas Penal Code Title 10 Chapter 46 provides precise definitions that determine how various gun charges are applied and prosecuted. Here are some definitions of each:

• Firearm: Any device designed, made, or adapted to expel a projectile through a barrel by using energy from an explosion or burning substance
• Handgun: A firearm specifically designed, made, or adapted to be fired with one hand
• Explosive weapon: Any explosive or incendiary bomb, grenade, rocket, or mine designed to cause serious injury, death, or property damage
• Machine gun: Any firearm capable of shooting more than two shots automatically without manual reloading by a single trigger function

Common Firearm Offenses in Texas

One of the most frequent weapons charges in Texas involves unlawful carrying of firearms. These offenses can range from simple misdemeanors to serious felonies, depending on the circumstances and location of the incident.

Unlawful Carrying of Weapons (UCW)

Under Section 46.02 of the Texas Penal Code, you can be charged with UCW if you intentionally, knowingly, or recklessly carry a handgun and are:

• Under 21 years of age
• Not on your own premises or property under your control
• Not inside or directly en route to your vehicle or watercraft

Displaying Firearms in Public

The law specifically addresses displaying firearms in public places. Even if you’re legally carrying, showing the weapon in plain view could result in charges unless:

• The handgun is carried in a proper holster
• You’re on private property with the owner’s consent
• You’re responding to a legitimate threat of harm

Possession While Intoxicated

Carrying a firearm while intoxicated is a separate offense that carries its own penalties. This applies regardless of whether you’re legally permitted to carry otherwise.

Places Where Weapons Are Prohibited

Texas law strictly regulates where firearms and other weapons can be carried. The Texas Penal Code Section 46.03 outlines numerous locations where weapons are prohibited, even for those who might otherwise be legally carrying.

A violation in any of these locations can result in serious criminal charges:

• Schools and educational institutions, including all buildings and grounds where school activities occur
• Polling places during elections or early voting periods
• Courts and court offices
• Secured areas of airports
• Within 1,000 feet of execution sites on days when executions are scheduled
• Businesses deriving 51% or more of income from alcohol sales
• Professional sporting events and interscholastic events
• Correctional facilities
• Hospitals and nursing homes
• Mental hospitals
• Amusement parks
• Government meetings subject to the Open Meetings Act

Serious Weapons Violations

Some weapons charges in Texas carry particularly severe penalties. These offenses often involve either prohibited persons possessing firearms or the possession of specifically banned weapons.

Unlawful Possession by Felons

If you have a felony conviction, Texas law restricts your right to possess firearms in two ways. First, you cannot possess a firearm for five years after release from confinement or community supervision. After this five-year period, you may only possess a firearm at your residence. Violating these restrictions is a third-degree felony.

Possession by Domestic Violence Offenders

Anyone convicted of domestic violence faces a five-year prohibition on firearm possession, starting from either their release from confinement or community supervision. This restriction applies to both felony and Class A misdemeanor domestic violence convictions.

Prohibited Weapons

Texas law completely bans certain weapons unless they’re properly registered with federal authorities. Possession of these weapons typically results in felony charges. This includes machine guns, explosive weapons, and short-barrel firearms.

Legal Defenses and Exemptions

Texas law provides specific exemptions for weapons possession in several situations:

Professional Duties:

• Military and law enforcement personnel
• Licensed security officers performing official duties

Personal Activities:

• Travel between legal locations
• Self-defense within homes or businesses
• Emergency evacuations during disasters

Recreational and Special Uses:

• Sports and recreational shooting
• Licensed hunting activities
• Historical reenactments
• Antique and curio firearms made before 1899

Penalties and Consequences

Weapons violations in Texas can lead to serious consequences that impact your freedom, rights, and future opportunities. Most weapons charges fall into three main categories:

Class A Misdemeanors

The most common category for basic weapons violations includes unlawful carrying charges. These offenses can result in up to one year in jail and fines up to $4,000. A conviction may also affect your ability to obtain certain licenses or employment.

Third-Degree Felonies

More serious violations, such as possession by a felon or carrying in prohibited places, are typically third-degree felonies. These carry potential prison sentences of 2-10 years and fines up to $10,000. A felony conviction also results in the permanent loss of firearm rights.

Enhanced Penalties

Certain circumstances can increase the severity of weapons charges. For example, possessing weapons in school zones or while committing other crimes can lead to enhanced punishments. Multiple violations may also result in more severe penalties.

Get Professional Legal Help Today

If you’re facing weapons charges in Tarrant County, don’t risk your future by handling it alone – get a Fort Worth firearms crimes attorney. At Norris Legal Group, we understand Texas weapons laws and have extensive experience defending clients against firearms charges.

Contact us today for a free consultation to discuss your case. Our experienced criminal defense attorneys will evaluate your situation, explain your options, and help protect your rights under Texas law. Don’t let weapons charges threaten your freedom – call us now to start building your defense.