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Need a Firearm Attorney in Fort Worth? Get Legal Help Now 

The Second Amendment remains a contentious and often confusing topic in the legal landscape. If you own a firearm or are considering carrying one in Texas, it’s crucial to understand the laws and regulations that govern gun ownership and usage. The McLarty Law Firm in Fort Worth is dedicated to helping individuals navigate these complex legal issues and protect their rights.

Is Texas a Right to Carry State?

Texas is an open carry state, allowing individuals to carry firearms, but this right comes with regulations. While obtaining a License to Carry (LTC) in the Dallas/Fort Worth area is relatively straightforward, gun owners must familiarize themselves with both state and federal laws regarding the possession, carrying, and transportation of firearms.

In 2021, Texas implemented Constitutional Carry, meaning individuals can carry a handgun without an LTC. However, this right is not unlimited. Restrictions still apply regarding where and when you can carry. Those who hold an LTC have additional responsibilities, and failing to adhere to the law can result in criminal charges. To avoid legal trouble, gun owners should be well-versed in Texas firearms laws.

Common Gun Crimes in Texas

Understanding firearm-related offenses is crucial for responsible gun ownership. Some of the most common gun-related charges in Texas include:

Unlawful Carrying of a Weapon

Carrying a handgun in Texas can become illegal if the individual:

• Is under 21 years of age
• Is prohibited from possessing a firearm under state or federal law
• Has been convicted within the past five years for offenses such as assault-bodily injury, deadly conduct, terroristic threats, or disorderly conduct involving a firearm
• Displays the firearm in plain view in a public place without using a holster
• Is carrying while intoxicated

Unlawful Possession of a Firearm

A person may be charged with unlawful possession if they are found carrying a firearm within five years of:

• Being released from community supervision, parole, or confinement for a felony
• Completing supervision or confinement for assault-family violence

Unlawful Discharge of a Firearm

Discharging a firearm in a public place or across a public road can lead to criminal charges.

Unauthorized Trafficking of Firearms

Illegally selling or transferring firearms is a serious offense with harsh penalties.

Aggravated Assault with a Deadly Weapon

Using or exhibiting a firearm during an assault can lead to aggravated assault charges.

Murder

If a firearm is used to cause the death of another person through criminal means, the individual may face murder charges.

Can Licensed Carriers Face Gun Charges?

Even individuals with an LTC must follow Texas firearm laws. Carrying a weapon in restricted areas, failing to adhere to posted warnings, or improperly displaying a handgun can result in criminal charges.

Ignoring a Posted Warning Sign

Carrying a firearm on property with a posted sign prohibiting firearms is a Class C misdemeanor, punishable by a fine of up to $200. If the individual refuses to leave upon request, the offense escalates to a Class A misdemeanor, which carries a penalty of up to one year in jail and a $4,000 fine.

Improper Display of a Handgun

Licensed individuals must keep their handguns in a holster when carrying in public. Additionally, firearms cannot be displayed in plain view on public or private college campuses, even if properly holstered.

What Misdemeanors Prohibit Gun Ownership in Texas?

Certain misdemeanor convictions can prohibit a person from legally owning or possessing a firearm in Texas. These include:

• Domestic violence convictions (family violence assault)
• Disorderly conduct involving a firearm
• Terroristic threats
• Stalking offenses

Individuals with such convictions are generally barred from possessing a firearm for at least five years after completing their sentence, including probation or parole.

Can You Have a Gun in Your Car on School Property in Texas?

Yes, Texas law allows firearms in vehicles on school property, but the gun must remain locked inside the vehicle, out of sight, and cannot be carried into school buildings. Violating this law can lead to serious legal consequences.

Can a Non-Citizen Own a Gun in Texas?

Non-citizens who are legal residents (green card holders) may own and possess firearms in Texas. However, undocumented individuals and certain visa holders, including most temporary visa holders, are prohibited from purchasing or possessing firearms under federal law.

Can I Have a Gun at 18 in Texas?

Yes, an individual who is 18 years old may legally possess a firearm in Texas. However, federal law restricts licensed firearms dealers from selling handguns to individuals under 21. Long guns, such as rifles and shotguns, may be purchased by individuals 18 and older. Additionally, an 18-year-old may carry a firearm in a vehicle as long as it is not in plain view and they are not engaged in criminal activity.

Can You Defend Yourself with a Firearm in Texas?

Yes, Texas law allows individuals to use a firearm for self-defense under certain conditions. The state follows the "Castle Doctrine" and "Stand Your Ground" laws, which provide legal protection for individuals who use force, including deadly force, to protect themselves, their property, or others from immediate harm. However, self-defense claims must meet specific legal criteria, and misuse of a firearm can lead to criminal charges.

What Happens If You’re Arrested for a Firearm-Related Offense?

If you are arrested for a firearm-related offense, it is crucial to seek legal representation immediately. A firearm charge can have serious consequences, including fines, jail time, and loss of your right to carry. The McLarty Law Firm provides expert defense for individuals facing gun-related charges, ensuring that your rights are protected throughout the legal process.

Protect Your Gun Rights with The McLarty Law Firm

Texas gun laws are complex, and violations can lead to severe consequences. Whether you’re facing firearm-related charges or need legal guidance on your rights, The McLarty Law Firm in Fort Worth is here to help. Our experienced legal team understands Texas firearms laws and is committed to defending your rights.

If you have questions about gun laws in Texas or need a firearm attorney in fort worth for legal representation, contact The McLarty Law Firm today for expert legal counsel.