Weapons and Firearms Charges in Texas

For many Texans, guns are a basic part of everyday life in the Lone Star State and the right to own them is enshrined in both the Second Amendment to the united states Constitution and Article 1, Section 23 of the Texas Constitution. However, state law still places certain limitations on which types of people can own or possess firearms or weapons as well as the places or ways that they may be carried.

Violations of these laws can have significant consequences for alleged offenders. Depending on the specific criminal offense, a person may be Guns on Sale. charged with a misdemeanor or felony that could possibly result in heft fines and a lengthy term of imprisonment. Some of the specific crimes listed under Chapter 46 of Title 10 in the Texas Penal Code include, but are not limited to:

Unlawful Carrying Weapons, Texas Penal Code § springfield saint edge for sale. 46. 02 – A person commits this offense if he or she intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club and the person is not on his or her own premises, premises under his or her control, or inside of or directly en route to a Tactical Gun store. motor vehicle or watercraft that he or she owns or has control of. However, a person can be charged with this offense if he or she intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that he or she owns or has control of but the handgun is in plain view or the person is engaged in criminal activity (except for Class C misdemeanors relating to traffic or boating), prohibited by law from possessing a firearm, or a member of a criminal street gang.

Places Weapons Prohibited, Texas Penal Code § 46. 03 – A person commits this offense if he or she intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, a passenger transportation vehicle of a school or educational institution, in or into a secured area of an airport, within 1, 000 feet of a place of execution, or on the premises of any government court or offices utilized by the court, a racetrack, or a polling place on the day of an election or while early voting is in progress.

Unlawful Carrying of Handgun by License Holder, Texas Penal Code § 46. 035 – A license holder commits this offense if he or she carries a handgun on or about his or her person and intentionally displays the handgun in plain view of another person in a public place, he or she intentionally, knowingly, or recklessly carries a handgun on or about his or her person on the premises of a business that derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, on the premises of a correctional facility, on the premises of a hospital or nursing home, in an amusement park, on the premises of a church, synagogue, or other established place of religious worship, at any meeting of a governmental entity, or carries a handgun while intoxicated.

Unlawful Possession of Firearm, Texas Penal Code § 46. 04 – A person commits this offense if he or she possesses a firearm and he or she has been convicted of a felony or domestic assault and the possession occurs before the fifth anniversary of his or her release from confinement or community supervision. This is also an offense if an employee of the state under the order of a protective or restraining order possesses a firearm before the order expires.

Prohibited Weapons, Texas Penal Code § 46. 05 – A person commits this offense if he or she intentionally or knowingly possesses, manufactures, transports, repairs, or sells an explosive weapon, a machine gun, a short-barrel firearm, a firearm silencer, knuckles, armor-piercing ammunition, a chemical dispensing device, a zip gun, or a tire deflation device.

Unlawful Transfer of Certain Weapons, Texas Penal Code § 46. 06 – A person commits this offense if he or she sells, rents, leases, loans, or gives a handgun to any person knowing that the person intends to use it unlawfully or in the commission of an unlawful act, intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give any firearm, club, or illegal knife to any child younger than 18 years of age, intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated, knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the person’s release from confinement, community supervision, parole, or mandatory supervision, sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered, or knowingly purchases, rents, leases, or receives a handgun as a loan or gift from another while an active protective order is directed to him or her.
The Texas House of Representatives has approved a bill that would allow citizens with concealed handgun licenses to openly carry their handguns, and Governor Greg Abbott has publicly stated his intention to “sign whatever legislation reaches my desk that expands Second Amendment rights in Texas. ” House Bill 910 amends not only some of the above sections and additional sections of the Texas Penal Code, but also sections of the Texas Alcoholic beverage Code, Code of Criminal Procedure, Education Code, Election Code, Family Code, Government Code, Health and safety Code, Labor Code, Local government Code, Occupations Code, and Parks and Wildlife Code.

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