Will I Go to Jail for the Unlawful Carry of a Gun?

 Posted on May 28, 2024 in Criminal Defense

While Texas tends to have more relaxed gun laws than other states, and these laws typically favor the gun owner, you are still subject to certain restrictions about where you can carry your weapon. If you plan to own a firearm, it is important to understand where you can and cannot carry it, ensuring you avoid a weapons charge and associated penalties, such as jail, if you are caught unlawfully carrying your firearm.

A knowledgeable Texas weapons charges lawyer can help you build a defense if you find yourself facing a weapons charge for unlawful gun carry.

When Is It Considered Unlawful Gun Carry?

In Texas, the state’s Penal Code outlines the circumstances where carrying a weapon is unlawful. Carrying a weapon while the following apply may result in an unlawful carry charge:

• You are under 21 years of age
• You have a felony conviction on your record that makes either carrying a weapon or possessing a weapon illegal
• You have a misdemeanor conviction that makes it unlawful to carry a weapon in public
• You have a protective order issued against you that stops you from carrying a weapon
• You are subject to federal law restrictions for possession of a firearm
• You are intoxicated while carrying your firearm

Additionally, carrying a weapon into a restricted building or facility such as a school, airport, hospital, government building, correctional facility, amusement park, or public or private property that has signs banning weapons is considered unlawful carry.

Penalties for Unlawful Gun Carry Charges

In general, unlawful carry charges result in a Class A misdemeanor, the most serious type of misdemeanor. This charge results in fines of up to $4,000 and up to a year in jail.

Unlawful carry charges increase to third-degree felonies in Texas if you take your firearm into a business that is licensed to sell alcoholic beverages, such as a liquor store or a bar. The charges associated with a third-degree felony are much more severe, and you may face between two and ten years in jail and a fine of up to $10,000.

Contact a Parker County, TX Weapons Charges Lawyer

In many cases, unlawful carry charges for gun owners are the result of an accident or simply forgetting that your licensed handgun is on your body before entering a restricted building or facility. Regardless of how you ended up with an unlawful carry charge, contacting a skilled Weatherford, TX weapons charges attorney is important for further assistance.

Soraya Joslin, P.C. has over two decades of criminal law experience and aggressively advocates for your rights. Call Soraya Joslin, P.C. at 817-599-7005 for a free consultation.