If you’re facing firearm offense charges in Texas, you’re probably feeling scared and unsure about what comes next. That’s normal. Gun laws in Texas are stricter than most people realize, and the penalties can be tough. You might be worried about fines, jail time, or how this could affect your future — and you may wonder if a Fort Worth firearms lawyer might be necessary.
But here’s the important thing to remember: being charged doesn’t mean you’ll be convicted. There’s hope, and you have options.
This guide will give you basic info about gun laws in Texas, what penalties you might face, and how a Fort Worth firearms lawyer can help. Remember, every case is different. That’s why having a lawyer who knows the ins and outs of Texas gun laws is so important.
Table of Contents:
- Firearm Laws in Texas: A Citizen’s Guide
- Common Firearm Offenses in Texas
- Penalties for Gun Crimes in Texas
- Unique Aspects of Texas Firearm Laws
- Common Defenses for Firearm Offenses in Texas
- The Case of Michael Miller and the Importance of Fact-Specific Defenses
- Why Choose Norris Legal Defense for Firearm Offenses?
- Contact Us: Protect Your Rights Today
Firearm Laws in Texas: A Citizen’s Guide
Texas has a reputation for being gun-friendly, but its firearm laws can be complex. This guide on Texas gun laws will help you understand the basics of who can carry a gun, where you can carry it, and how you should carry it in Texas.
Who Can Carry a Gun in Texas?
As of 2021, Texas allows most adults to carry a handgun in public without a license. However, there are still restrictions on who can carry. For example:
- Age Requirement: Normally, you must be at least 21 years old to carry a handgun. However, a 2022 court decision allows 18-to-20-year-olds to carry handguns as well.
- Criminal History: You can’t carry if you have a felony conviction or certain types of recent misdemeanor convictions.
- Legal Status: You can’t carry if you’re subject to an active protective order or if federal law restricts you from possessing a firearm.
- Intoxication: You can’t carry while intoxicated, except in certain situations.
Important note: These laws apply to handguns. Texas doesn’t have specific restrictions on carrying long guns like rifles or shotguns, but federal laws still apply.
Where Can You Carry a Gun in Texas?
In Texas, you can generally carry a gun wherever it’s not specifically prohibited. However, there are many places where guns are not allowed:
- Always Prohibited: Some places, like schools, polling places, courts, and airports, are always off-limits for guns.
- Private Property: Most private property owners can choose whether to allow guns. They must post specific signs or give verbal notice if they don’t allow guns.
- Businesses: Some businesses, like bars that make most of their money from alcohol sales, are prohibited places for guns.
- Schools and Colleges: There are special rules for carrying guns on school and college campuses. Generally, guns are not allowed in K-12 schools, and there are restrictions on college campuses.
- Vehicles: There are specific rules about carrying guns in cars, boats, and other vehicles. Generally, you can keep a gun in your car.
How Should You Carry a Gun in Texas?
The rules for carrying depend on whether you’re carrying a handgun or a long gun:
- Handguns: If you’re carrying a handgun that’s visible to others, it must be in a holster. The law doesn’t specify what type of holster, just that it must be “a holster.” You don’t need a holster if you’re carrying the handgun concealed.
- Long Guns: There aren’t specific rules about how to carry long guns, but you should be careful not to alarm others.
- Disorderly Conduct: It’s illegal to display a gun in a public place in a way that’s meant to alarm people. This applies to all types of firearms.
Important Things to Remember
- These laws can change. Always check for the most up-to-date information.
- Local laws and policies can sometimes be stricter than state laws.
- If you’re not sure whether you can legally carry, it’s best to consult with an Fort Worth firearms attorney.
Common Firearm Offenses in Texas
Graham Norris, an experienced Fort Worth firearms lawyer and founder of Norris Legal Defense, says the most common firearms crime he comes across is unlawful carrying of a weapon, which is a Class A misdemeanor in Texas. He elaborates on several scenarios:
- Improper Carrying: “The manner in which you’re carrying your firearm can be criminalized if you’re not following certain rules. If you have it in your vehicle, if it’s in plain view, but it’s not secured in a holster, that can be an offense.”
- Unlawful Carrying While Committing Another Offense: “If you’re accused of committing some other type of crime, then having a firearm becomes illegal.” For example, “If you have a marijuana pipe or maybe some rolling paper in your vehicle – even if you don’t have marijuana – and you are cited for possession of drug paraphernalia, and you also keep a handgun in your glove box, which is perfectly legal to do, the fact that you’re possessing drug paraphernalia now makes that firearm illegal to possess,” Graham says.
- Deadly Conduct: “That’s typically a brandishing of a firearm, so maybe not pointing it at somebody, but showing it to them. This could happen in a road rage situation, or where you’re forced to back somebody down.”
- Discharging a Weapon: “You can also be accused of discharging a weapon in a certain municipality in a way that’s unlawful. So this happens sometimes in a road rage situation where somebody’s forced to shoot up into the air, or it could be just a celebration on New Year’s where somebody’s shooting in the air.”
Aggravated Assault with a Firearm
Graham points out that using a firearm during an assault can lead to more serious charges.
“This makes it aggravated assault,” he says. “We see those a lot as well, like in the example that we used before of a road rage incident. If you point a firearm at somebody and put them in fear for their life, even if you don’t fire that firearm, you can be charged with aggravated assault with a deadly weapon.”
If you’ve been accused of this, a Fort Worth firearms lawyer is a must.
Penalties for Gun Crimes in Texas
Gun crimes in Texas can lead to serious consequences. The penalties depend on the specific offense, your criminal history, and whether state or federal laws are involved.
State Penalties
- Unlawful Carry of a Weapon: Usually a Class A misdemeanor, punishable by up to a year in jail and a $4,000 fine.
- Possession in Restricted Locations: Can be a third-degree felony, with up to 10 years in prison and a $10,000 fine.
- Possession by a Felon: A third-degree felony, punishable by up to 10 years in prison.
- Using a Gun in Another Crime: Can lead to harsher sentences. For example, armed robbery might become a first-degree felony, possibly resulting in a life sentence.
Federal Penalties
Federal gun crimes often carry stricter penalties, although they are less commonly enforced:
- Illegal Possession: Up to 10 years in prison.
- Using a Gun in a Violent Crime or Drug Trafficking: Mandatory minimum sentences ranging from 5 to 30 years, depending on how the gun was used.
- Illegal Sale of Firearms: Can result in 5 to 10 years in prison.
Factors Influencing Penalties
Several factors can influence the severity of the penalties imposed for firearm offenses in Texas:
- Type of Offense: Different offenses carry varying degrees of punishment, with more serious offenses resulting in harsher penalties.
- Prior Convictions: Individuals with previous criminal convictions, particularly those involving firearms or violence, may face enhanced penalties.
- Use of Firearm: Using a firearm during the commission of a crime can lead to additional charges and more severe penalties.
- Location of the Offense: Offenses committed in certain locations, such as schools or government buildings, may result in heightened penalties.
Remember, each case is unique, and penalties can vary based on the specific circumstances. If you’re facing gun-related charges, it’s crucial to consult with an experienced Fort Worth firearms lawyer who can help protect your rights and work towards the best possible outcome.
Unique Aspects of Texas Firearm Laws
Texas is known for its strong stance on gun rights, and the state also enforces specific laws to regulate the use of firearms and ensure public safety. If you own or carry a firearm in this state, you need to know these unique aspects of Texas firearm laws. These laws can significantly impact how firearm offenses are prosecuted and defended.
Stand Your Ground and Castle Doctrine
Texas is one of several states that recognize the “Stand Your Ground” law and the “Castle Doctrine.” These laws provide individuals with the right to use reasonable force, including deadly force, to protect themselves and their property without the duty to retreat when faced with a threat.
The Castle Doctrine specifically applies to an individual’s home, vehicle, or workplace, allowing them to defend these spaces from intruders. These laws have nuances that will have a big effect on a self-defense case, and a lawyer can help you understand whether they apply in your situation.
Open Carry and Concealed Carry
Texas has specific regulations regarding the open and concealed carrying of firearms. As of 2021, Texas law allows permitless carry for individuals aged 21 and older who are not prohibited from carrying a firearm. However, there are still restrictions on where firearms can be carried, and certain locations remain off-limits.
Additionally, businesses and private property owners can prohibit firearms on their premises. Understanding these rules is vital for gun owners to ensure they comply with the law and avoid potential legal issues.
Federal vs. State Laws
While Texas has its own firearm laws, federal laws also apply and can sometimes supersede state regulations. Federal law regulates certain aspects of firearm ownership, such as background checks, firearm trafficking, and the possession of firearms by certain prohibited individuals.
An experienced lawyer can help navigate these complexities and develop an effective defense strategy.
Common Defenses for Firearm Offenses in Texas
When facing firearm offense charges, you need a strong defense strategy to protect your rights and achieve the best possible outcome. Several common defenses can be used to challenge the prosecution’s case and demonstrate your innocence or justify your actions.
Graham outlines several key defense strategies he uses for his clients:
- Challenging the Search and Seizure: “When we’re talking about an unlawful carrying of a weapon, then those same principles of search and seizure come into play. We determine whether it was a valid stop by the police or if the search was conducted lawfully.”
- Contesting the Underlying Offense: “If it turns out that the person was accused of driving while intoxicated, but they were not guilty of that, then the firearm was not illegal. They didn’t do anything wrong.”
- Reasonable Force: “In Texas, you are allowed to use a firearm in certain circumstances, just like you’re allowed to defend yourself with your hands. You’re allowed to use force, but that force has to be reasonable based on the threat that you’re facing at the time.”
- Gathering Evidence: “It’s very important to gather any kind of video evidence, information on circumstances, witness statements, and that sort of thing. As the person who was accused, you’re the best witness to what was going on in your head and what you perceived at the time.”
The Case of Michael Miller and the Importance of Fact-Specific Defenses
Graham emphasizes that firearm cases often hinge on the specific details of the incident. “Every little factor matters,” he says. “It’s always a question of reasonable force.”
In a recent high-profile case, Graham Norris successfully defended his client, Michael Miller, against murder charges by arguing self-defense. The case involved a heated dispute between neighbors that escalated to a fatal shooting.
Graham meticulously presented evidence of the victim’s history of aggressive behavior and threats, establishing a pattern that made his client fear for his life. Key to the defense was Graham’s ability to put the jury in his client’s shoes, vividly describing the moment of confrontation and the split-second decision to use force.
By emphasizing the client’s reasonable fear and lack of alternatives, Graham convinced the jury that the action, while tragic, was justified under Texas self-defense laws. The case highlighted Norris’s skill in navigating complex legal and emotional terrain, ultimately securing an acquittal for his client.
Why Choose Norris Legal Defense to Be Your Fort Worth Firearms Lawyer?
Selecting the right legal representation is crucial when facing firearm offense charges in Texas. At Norris Legal Defense, we know how to protect your rights and are committed to achieving the best possible outcome for your case
Our firm understands the complexities of Texas firearm laws and is dedicated to providing personalized and effective defense strategies tailored to your unique situation. Here are the steps Norris Legal Defense will take to defend your firearm offense case:
- Comprehensive Case Evaluation: We thoroughly review all aspects of your case, examining the evidence, police reports, and witness statements to identify any weaknesses or inconsistencies in the prosecution’s case.
- Personalized Defense Strategy: Our attorneys develop a tailored defense strategy that takes into account your specific circumstances and legal needs. We focus on building a strong defense that challenges the prosecution’s evidence and arguments.
- Aggressive Courtroom Representation: We provide vigorous representation in court, ensuring that your rights are protected throughout the legal process. Our attorneys are skilled negotiators and litigators, prepared to fight for the best possible outcome.
- Expert Knowledge of Firearm Laws: With our extensive experience in handling firearm offense cases, we stay updated on the latest changes in Texas and federal firearm laws to provide you with the most informed and effective defense.
- Client-Centered Approach: We prioritize clear communication and keep you informed at every step of the process, providing guidance and support as we work together to resolve your case.
Contact Us: Protect Your Rights Today With a Fort Worth Firearms Attorney
If you are facing firearm offense charges in Texas, you need to act quickly to get experienced legal representation. At Norris Legal Defense, we understand the seriousness of these charges and are here to help you navigate the legal system with confidence.
Contact Norris Legal Defense today for a free consultation. Let us review your case and discuss your legal options. Don’t wait—take action now to protect your future and ensure that your rights are upheld throughout the legal process.
