Texas Gun Control Laws

In accordance with Article 1, Section 23 of the Texas State Constitution, citizens have the right to bear arms for the purpose of protecting their lives and property.  However, the State Legislature has the authority to restrict possession, if it prevents the commission of a crime.  For example, under the Family Code of Criminal Protection, a person may not possess a gun, if convicted of a felony or a Class A misdemeanor.

Carrying Guns and Possession Laws: Penalties & Regulations

Although the Second Amendment of the U.S. Constitution gives all Americans the right to bear arms, to protect themselves and their possessions, some people give up that right.  Based upon their actions, mental states, or commission of crimes, the state has every right to deny both the purchase and possession of a weapon.  For example:

• A permit to carry a concealed weapon will not be issued, unless the individual has successfully completed both range and classroom instruction on the proper handling and use of a weapon
• An offense occurs, if a child under the age of 17 gains access to a gun without the supervision of an individual at least 18 years of age
• A person convicted of a felony gives up the right to own a gun for a lifetime; for those convicted of a Class A or B misdemeanor, the right is forfeited for a period of 5 years

Requirements:

Texas Gun Purchasing Laws

Qualifying Texas citizens have the right to purchase rifles, shotguns, and handguns.  Without the proper license, it is illegal for the average citizen to own a machine gun, sawed off rifle, or sawed off shotgun. Residents can purchase guns and their accessories in Texas and the contiguous states. However, an individual may not purchase a gun, if under the age of 21, have a known problem of alcohol or drug abuse, or is diagnosed with an untreated mental illness.

Penalties & Regulations for Illegal Purchases

In order to protect the citizenry, Texas state law prohibits persons under the age of 21 from purchasing a firearm.  Selling or purchasing a gun, while the buyer is intoxicated, is also illegal.  Individuals, deemed unfit to have the responsibility of a firearm, cannot purchase a gun.  Strict regulations and penalties apply:

• Any person purchasing a gun for another individual faces a possible 10 year jail term
• A person purchasing a gun in the state of Texas must be at least 21 years of age
• In order to purchase a gun in Texas, 2 recent passport pictures are required

Requirements:

Firing Handguns and Self Defense

According to a 2007 Senate Bill, Texas has adopted the Castle Law.  Residents have the right to protect their lives and property, when an individual enters illegally by force.  If necessary, lethal force may be implemented to remove the threat.  However, certain laws prevent the carrying of weapons, regardless.  For example:

• Possessing a firearm in an establishment with 51% of the business related to the sale of alcohol is prohibited
• It is illegal to fire a gun in a public place
• It is unlawful to display a weapon in a public place, as a show of force

Legal Help

For citizens facing gun charges, it is essential to hire professional legal help.  In many cases, failure to comply with Texas gun laws can also bring Federal charges.  A lawyer can provide the necessary legal advice, and possibly get potential sentences reduced to less jail time, in lieu of community service. A criminal attorney should be acquired for misdemeanor and federal charges, which may include:

• Selling or using armor piercing ammunition
• Accidentally or purposefully allowing a minor to have access to a gun
• Open carrying a gun on public properties or roads
• Using a gun in the commission of a crime