House Bill 1927 has made substantial changes to the previous Texas law for carrying a handgun in Texas without a license to carry. This article will address those changes and the laws that apply. If you have been charged with an unlawful carrying of a weapon and would like to discuss that charge with an experienced criminal defense lawyer after reading this article, feel free to contact our office at 214-321-4105. We would be glad to discuss your case with you.
Basic Requirements For Permit-less Carry
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There are two basic requirements for permit-less carrying of a weapon in Texas. First, the person must be at least 21 years old. Second, the person cannot be a prohibited person under either state or federal law from carrying a weapon.
Public Versus Private Place
There is a distinction in the law between public and private place. For the purpose of this article, we are addressing the ability to carry a handgun in a public place. The definition of public place can be found in the Texas Penal Code Section 1.07(40). “Public place” means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
The laws in this article, do not relate to a private place such as your own home. Those laws may differ based on your criminal history and background. It is important for you to discuss these details with a criminal defense attorney if you have been charged with an unlawful carrying of a weapon.
Who is a Prohibited Person?
Attorney For Unlawful Carrying of a Weapon
A prohibited person for purposes of carrying a handgun in Texas can get a bit complicated. You have to take into consideration both federal and state laws when considering the person. We will break down the categories by subject as well as by state and federal laws for convenience.
- Person’s who have been convicted of a felony
- State law: Texas Penal Code Section 46.04
- Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm:(1) after conviction and before the fifth anniversary of the person’s release from confinement following conviction of the felony or the person’s release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.
(a-1) A person who is a member of a criminal street gang, as defined by Section 71.01, commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft.
(b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person’s family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:
(1) the date of the person’s release from confinement following conviction of the misdemeanor; or
(2)
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the date of the person’s release from community supervision following conviction of the misdemeanor.
(c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Subchapter A, Chapter 7B, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order.
(d) In this section, “family,” “household,” and “member of a household” have the meanings assigned by Chapter 71, Family Code.
(e) An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (a-1), (b), or (c) is a Class A misdemeanor.
(f) For the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense:
(1) is designated by a law of this state as a felony;
(2) contains all the elements of an offense designated by a law of this state as a felony; or
(3)
Unlawful Carrying of Weapon Laws Texas
is punishable by confinement for one year or more in a penitentiary.
(g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense:
(1) is not designated by a law of this state as a felony; and
(2) does not contain all the elements of any offense designated by a law of this state as a felony.
- Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm:(1) after conviction and before the fifth anniversary of the person’s release from confinement following conviction of the felony or the person’s release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
- Federal Law: 18 U.S.C Section 922(g)(1)
- It shall be unlawful for any person—(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year
- State law: Texas Penal Code Section 46.04
