In the aftermath of tragic incidents like the Uvalde school shooting, the effectiveness of Texas gun laws has come under intense scrutiny. With the prevalence of gun violence across the nation, many Texas citizens are asking lawmakers to evaluate existing regulations and their effectiveness and explore potential improvements.
Let’s look at current gun-owning laws in Texas, including the regulations surrounding assault rifles. Despite what sometimes appears to be lawlessness, there are laws governing gun ownership and legal use in Texas. The penalties individuals may face if they are arrested for violating these laws include jail time and fines, though unfortunately, these penalties may not be a deterrent.
Gun Owning Laws in Texas
Texas has long been known for its strong support of the Second Amendment and the right to bear arms. As such, the state possesses relatively permissive gun laws. In Texas, individuals aged 18 or older can legally purchase and possess firearms, including handguns, long guns, and assault rifles without the need for a permit.
However, there are some requirements that must be adhered to, if you want to carry certain weapons. For example, the Texas State Law Library states “Generally, to carry a handgun in public in Texas without an License to Carry, a person must:
- Be at least 21 years old (Note: a recent court decision may affect the age restriction)
- Not have a prior felony conviction as described in Section 46.04
- Not have a recent conviction for certain types of misdemeanors as described in Sections 46.02 and 46.04
Please note their website states: The library cannot help you determine whether you are legally allowed to carry or possess a firearm. If you have questions about your eligibility under the law, be sure to ask an attorney.
Assault Rifles: Texas does not impose any state-specific restrictions on the ownership of assault rifles. Though other states have enacted a ban on assault-style weapons including California, Connecticut, Delaware, Hawaii, Maryland, Massachusetts, New Jersey, and New York, Texas has not done so.
These firearms, which are capable of rapid-fire and accept detachable magazines, are legal to possess and purchase in Texas. Federal restrictions, such as the National Firearms Act of 1934 and the Gun Control Act of 1968, still apply and regulate certain aspects of owning and transferring these weapons.
Penalties for Violating Gun Laws in Texas
While Texas takes a relatively lenient approach to gun ownership, there are still penalties in place for individuals who violate gun laws. Some common violations and their corresponding penalties include:
- Unlawful possession of a firearm: Possessing a firearm while being convicted of certain crimes, such as domestic violence or felony offenses, can lead to a third-degree felony charge, punishable by up to 10 years in prison and fines of up to $10,000.
- Unlawful carry of a firearm: Carrying a firearm in restricted areas, such as schools, government buildings, or private property where firearms are prohibited, is a Class A misdemeanor, carrying penalties of up to one year in jail and fines up to $4,000.
- Providing a firearm to a prohibited person: Transferring a firearm to someone prohibited by law from possessing firearms is a third-degree felony, punishable by imprisonment of up to 10 years and fines of up to $10,000.
Additionally are all the laws where a gun is used in commission of a crime such as Aggravated Assault, Homicide, or Sexual Assault including Rape.
Seek Help from Criminal Defense Attorney Philip D. Ray
While Texas considers what changes or improvements it can make in light of its tragic list of mass shootings, 8 in the last 7 years with the Allen Mall shooting recently on May 6, 2023, illegal use or possession of a firearm can still get you arrested. If you have been charged with a crime involving a gun, you will need a strong and experienced criminal defense attorney.
Philip D. Ray specializes in Criminal and Juvenile Defense in the Dallas and Fort Worth Metroplex area of Texas. With offices in Frisco, he has gained a reputation for being tough but fair in the courtroom. As a former prosecutor, Attorney Ray has seen all manner of criminal accusations including misdemeanors, juvenile cases, grand jury case presentations, and felonies of all degrees. He will answer your questions and give you an objective legal analysis.
If you or a loved one are in trouble, call the Law Offices of Philip D. Ray at 469-588-6770 or use our online form. We understand a tough defense is needed for your toughest challenges.