Common Misconceptions About Weapon Charges In Texas – Debunked!

In this article, you can discover…

• Whether you can legally carry a weapon without a license in Texas.
• How prior convictions impact your right to carry a weapon.
• Whether open carry is permitted in Texas, and in what circumstances.

Can I Legally Carry A Firearm Without A License In Texas?

In most cases, you can legally carry a firearm in Texas without a license. However, a criminal background will impact your ability to carry a weapon, and there are several locations that are off-limits for carrying.

Essentially, you are prohibited from carrying on the premises of a school or postsecondary educational facility, which differs from the ability to carry on a college campus if you are licensed. You will also be unable to carry on the premises of government buildings, polling places during elections, and racetracks.

There are a wide variety of intricate complexities to legally carrying a firearm without a license in Texas, so it is best to consult an attorney to be sure you are not unknowingly committing any violations.

Will Prior Convictions Prevent Me From Possessing A Firearm?

Primarily, Texas law prohibits you from possessing a firearm within five years of receiving a felony conviction. After this five-year period, you will be able to possess a firearm in your home but nowhere else. Additionally, Texas law will disqualify you from possessing firearms for five years after a class A misdemeanor family violence charge, which would otherwise lead to a lifetime ban under federal law.

According to federal law, you can be banned from possessing and carrying a firearm after any felony conviction or crime of domestic violence. Even misdemeanors as low as class C could lead to a disqualification under federal law. You can also be disqualified if you are a fugitive from Justice, an illegal immigrant, or an unlawful user of controlled substances.

Texas law provides a number of restrictions on the ability to legally carry if you have a history within the past five years of a class A assault, are currently intoxicated, or have been subject to an active protective order. Texas also prevents individuals under 21 years old from carrying a handgun, but this statute has been declared unconstitutional and is no longer enforced.

Attorney Robert Keating is a seasoned lawyer based in Tarrant, TX who has helped countless clients just like you navigate the intricacies of weapons charges in Texas. With over a decade of legal experience, he is prepared to assist you in understanding Texas gun laws so that you can avoid unnecessary legal trouble.

Still have questions? Ready to get started? Contact the Law Offices of Robert Keating, PLLC today to schedule a free initial consultation.

Where Can I Lawfully Open Carry In Texas?

In Texas, you are able to open carry in most places where you can concealed carry, the primary difference being related to the license to carry itself. For example, there are restricted areas on college campuses where you can carry, but open carry is illegal on college campuses, as a rule. A person with the proper license could carry concealed 0n a college campus, but they would not be able to open carry.

True Or False: Knives And/Or Long Blades Are Considered Illegal Weapons In Texas

While it used to be illegal to carry a sword or knife with a blade exceeding 5 inches in length, the legislature was changed in 2017. However, knives with a blade exceeding five and a half inches are considered location-restricted knives, meaning that these knives would be prohibited in the same locations where carrying a firearm is illegal. It is also illegal to carry a location-restricted knife outside of your own premises if you are under 18 or without the supervision of a parent or legal guardian.

Can I Legally Brandish A Weapon In Texas?

There are several laws in Texas that could make branding a weapon illegal, depending on your specific circumstances. The unlawful carrying of weapons statute states that carrying and intentionally displaying a handgun in a public place is illegal. The only exception to this rule is if a gun is visible through a holster, but removing the weapon from its holster would be considered an offense.

It is an offense to knowingly display a firearm or a deadly weapon in public with intent to alarm. Likewise, the assault statute also states that it is an offense to knowingly threaten someone with imminent bodily harm. If you use or display a deadly weapon as part of an assault, it will automatically become aggravated assault with a deadly weapon.

However, displaying a weapon in order to prevent someone from using unlawful or deadly force might be justifiable under the self-defense or defense of others statutes.

What Are The Most Common Misconceptions You’ve Encountered About Weapon Charges?

One of the most common things that I find people are surprised to learn is that most weapons charges are not contingent on whether or not a firearm is loaded. Even if a gun is unloaded, pointing it at someone without justification will likely meet all the requirements of an aggravated assault with a deadly weapon.

Another common misconception I hear is that if you draw a gun to resolve an issue, you need to shoot it, or it will be considered unjustified. This is a myth, as displaying a weapon alone can often resolve a problem without the need to fire it. The idea that you must fire your weapon if you display it is most certainly false.

I have also heard the myth that you need to make sure that someone is dead if you need to shoot them, as dead people cannot sue. Obviously, your goal is not to kill someone if you are firing your weapon in self-defense; it is to prevent someone else from using unlawful or deadly force. Once they are no longer using unlawful or deadly force, your justification to continue using deadly force would no longer apply.

Still Have Questions? Ready To Get Started?

For more information on Texas Weapon Charges Myths, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 694-7006 today.