Understanding Gun Charges In Texas

Texas is an open carry state, and since 2021, it hasn’t required people to have a license to carry a handgun in public. Licenses are still available, however, and it is advisable to stay fully above board. There are also limitations on where handguns are allowed for increased public safety. While many approve of the right for anyone to carry handguns responsibly, others feel the laws are too relaxed, and there’s too much risk of unlawful carrying or unlawful discharge. There’s also the risk that gun owners will be too ignorant of the law.

While many people in Fort Worth appreciate the laws surrounding handguns and the repercussions, others find themselves dealing with serious gun charges. Violations of Texas gun laws can lead to serious jail time and fines. Skilled weapons charges lawyers can help where possible, but it’s best to understand the different gun charges and how to avoid them. Here are some of the more frequently seen charges in Texas.

Unlawful Carrying of a Weapon

This charge is most likely to catch people out in Texas. Texas is one of many open carry states that allows licensed handgun owners to carry a firearm responsibly. Those who do not do so responsibly face legal consequences. Anyone who does any of the following intentionally can end up arrested and needing reputable Fort Worth lawyers handling weapon charges.

One factor that catches people out is the age restriction. You can’t carry a weapon in Texas under the age of 21. Those younger than 21 taking out their parent’s or sibling’s gun face charges if caught. Then there’s the act of having the gun on show in a public place. The right to carry means the right to a concealed weapon. You can carry it in a holster out of sight, but you can’t have it out in plain sight. There are also restrictions against convicted criminals carrying handguns if they were imprisoned for assault, firearms charges, deadly conduct, or terrorist threats within the past five years. Finally, it is illegal to carry a gun while intoxicated. The threat of misuse is too high.

Unlawful Possession of a Firearm

This is a similar charge but legally distinct from unlawful carrying. Typically, these charges occur when those temporarily banned from carrying a handgun violate that order. Texas law bans anyone on parole, community supervision, or felony confinement from possessing a handgun for five years. The same is true for anyone released from community supervision for assault related to family violence. Anyone trying to own a gun or use one they previously owned in that five-year window faces firearms charges.

Unlawful Discharge of a Firearm

There aren’t many situations where firing a handgun in Texas is legal. You can do so on licensed shooting ranges, where owners set up safe environments for gun practice. You can also do so on private property when you have the consent of the owner. Otherwise, the only other time it is legal is in an act of self-defense or to protect your property. You can use your gun to save yourself or others from deadly force. Firing a handgun at any other time is unlawful, and you can be charged. Typically, these charges relate to people discharging guns in a public place or across a public road, where there’s a high probability of someone getting caught in the crossfire. Your only course for defense here is for weapons charges lawyers to prove that the incident was a complete accident or that there was a dangerous situation unfolding.

Unauthorized Trafficking of Firearms

This is one of the rarer forms of gun crime dealt with by Fort Worth weapon charges lawyers. It is, however, a serious charge that can see culprits behind bars for a long time. Firearms trafficking refers to the transportation of illegal firearms for nefarious means. All legal guns are handled by licensed professionals with background checks where appropriate. However, some people do bring illegal weapons across state lines or take them out of the country to sell. There is also a market for converting and reactivating decommissioned weapons. Anyone caught handling these weapons will face charges. Those wrongly accused of being part of these trafficking gangs can rely on expert gun crime lawyers to handle their cases.

Aggravated Assault

​An aggravated assault is a deliberate act of either inflicted or threatened violence against another person. It is a far more serious charge than assault because of the impact on the victim. Often, these assault charges arise after a direct physical attack, such as intentionally targeting someone on the street and beating them. Aggravated assault with a deadly weapon is a different charge that focuses on the implement used to carry out the assault or a threat of assault. For example, someone could brandish a knife and say they will cut someone if they don’t comply with their demands. The same goes for anyone who brandishes a firearm arm during a dispute. The act of removing the gun from its holster or waving it at someone counts even if there is no shot or the gun is directly pointed at the victim.

Murder

This last one is self-explanatory. If you deliberately kill someone, no matter the situation or means of death, it is classified as a homicide. There are first-degree and second-degree changes that can affect sentencing and revolve around acts of passion vs premeditated crime. Your defense lawyer will help you with your plea and work on your case, whatever the circumstances. A murder involving a firearm can complicate matters depending on the specifics of the case. For example, if you used someone else weapon or were unlawfully carrying one, there may be additional charges to face.

Getting Help From Weapons Charges Lawyers

Whatever gun charges you’re facing, there are experienced Fort Worth weapons lawyers who can help. These skilled teams can build a strong case to prove your innocence or help soften the sentencing. Give them a call and see how they can help.