Texas Gun Laws – All You Need to Know

Texas gun laws have changed quite a bit over the past five years. If you possess a firearm, it is a good idea to keep up with the various revisions that have taken place. The Second Amendment of the United States Constitution defends your legal right to own a firearm, but there are state-specific legal expectations you must meet to maintain your right to carry in Texas.

Who Can Own a Gun in Texas?

As of 2021, it is legal in Texas to possess a firearm without a License to Carry (LTC). There are, however, certain stipulations to pay attention to. First, you must meet the legal requirements to own a gun. This includes the following:

• You must be 21 years or older.
• You must have no past felony convictions.
• There cannot be any reason why the state and/or federal government has forbidden you from owning a gun.

If you pass all these requirements, you should still be aware of the nuances. There are locations that you will not be allowed to carry without an LTC, such as school and college campuses, government buildings, and sporting events. There are also legal requirements for carrying a firearm in your car.

Having an LTC may seem unimportant in a state with gun laws like Texas, but it can protect you from accidentally violating gun laws. For example, if you have an LTC and forget you are carrying a gun when you walk into a school, you will not be in any trouble. If you forget about your gun but do not have an LTC, you can be charged with serious crimes.

What Are Some of the Most Common Gun Charges in Texas?

In Texas, two criminal gun charges are more common than the rest. They are as follows:

Unlawful Possession

If you are charged with unlawful possession of a firearm, it is considered a Class A misdemeanor. Being convicted of such a charge usually leads to serving jail time and paying monetary fines. Examples of unlawful possession include the following:

• You are under the age of 21 (though there are highly specific circumstances where this is permitted).
• You have been convicted of a crime that temporarily or permanently prohibits you from owning a firearm.
• You openly carry a gun that is not holstered.
• You carry a gun in public while intoxicated or under the influence of drugs.

Criminal Possession

If you possess a gun anywhere, including your own home, within five years of being released from a felony prison sentence, felony community service, or parole, you can be charged with criminal possession of a firearm. This can lead to steep monetary fines and additional prison time. Five years after the final date of your last completed sentence, you may be allowed to possess a gun in your place of residence, but further possession may differ from the standard.

Why Do I Need a Criminal Defense Lawyer?

If you have been charged with a gun-related crime, you can greatly benefit from the assistance of a skilled defense lawyer. This can include charges where the firearm was used as well as ones where it wasn’t. Not every gun trial is related to gun violence.

You have a right to legal representation and a fair trial. When you hire a defense lawyer, you have an advocate who can protect you throughout your case. They can bring clarity to this unique and confusing situation while building your case.

FAQs

Q: Are There Any Ammunition Restrictions in Texas?

A: Generally, you are legally allowed to possess almost every kind of ammunition as long as you meet the legal requirements for firearm possession. Hollow points and full metal jackets are both examples of legal ammunition in Texas. Armor-piercing ammunition, however, is the only regulated form of ammunition in the state.

Q: Are There Places Where Constitutional Carry Is Not Enough?

A: Yes. In Texas, there are certain locations where you are required to have a license to carry (LTC) before you can bring a gun on the premises. Here are some examples:

• Schools, including university campuses
• Mental hospitals
• Nursing homes
• Courts and court offices
• Polling locations
• Bars
• Racetracks, amusement parks, and sporting events
• Beyond security in airports
• Open governmental forums
• Correctional facilities
• Civil commitment facilities

Section 46.03 of the Texas Penal Code provides an in-depth list of other locations.

Q: Can You Have a Gun in Your Car Without a License in Texas?

A: It is legal in Texas for you to have a handgun in your car without a license if:

• The gun is holstered
• You own or are renting the vehicle
• You meet the legal requirements for carrying a gun

The gun must be out of sight if the owner is not 21 years old or older and has a license to carry (LTC).

Q: Can I Carry a Loaded Gun in Texas Without a Permit?

A: Yes, it is legal for you to carry a loaded gun in Texas if you meet the legal requirements. Certain places and circumstances require that you have a License to Carry (LTC). Nevertheless, as of 2021, you can carry a gun without a permit as long as you:

• Are 21 years or older
• Do not have any prior felony convictions
• Are not prohibited by the state or federal government from owning a firearm

Contact Greco Neyland, PC

In 2021, Texas had over one million registered guns, making it the state with the highest number of registered firearms in the United States. If you have been charged with illegal possession of a gun or another firearm-related crime in Texas, you could benefit greatly from hiring legal representation.

The legal team at Greco Neyland, PC, can get to know both you and your case. Our experienced attorneys can listen to you, collect evidence that supports your testimony, and build a strong case. Our firm can then advocate on your behalf throughout the duration of your trial. You do not have to carry this burden alone. Contact us today for a consultation.