Texas Concealed Weapon Charges

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The state of Texas is moving towards legislation that would allow concealed weapons to be carried on college campuses. As of March 2011, House Bill 750 has been approved by the House Homeland Security and Public Safety committee and now moves to the Senate committee for approval. If this legislation is passed, Texas will be the second state in the nation allowing concealed weapons on college campuses, as Utah was the first.

Texas is a shall-issue state, which means that a concealed weapons permit will be issued to residents and non-residents who meet certain eligibility criteria. Applicants must provide proof that they have completed a gun safety course taught by a certified instructor. The Texas Department of Public Safety will issue permits to individuals who can pass a federal criminal background check. Permits are valid for four years.

Texas Weapons Laws

Texas has some of the least restrictive gun laws in the nation. Most people who can legally own a gun can obtain a license to carry it. Concealed handguns with a valid carry permit are prohibited in the following locations:

  • Any place of business that derives 51 percent or more of its income from serving alcoholic beverages for consumption on the premises
  • On the premises of any correctional facility or penal institution
  • On the premises of any public or private school or educational institution
  • On the grounds where any activity is being sponsored by a school or educational institution
  • Any vehicle providing transportation for a public or private school or educational institution
  • At any polling place on Election Day or when early voting is underway
  • Any racetrack
  • All secured areas of an airport
  • In all government offices or court offices unless written authorization is given
  • Any amusement park
  • All places of religious worship
  • Any hospital or nursing home
  • Any business establishment that posts signs prohibiting handguns
  • Within 1,000 feet of where an execution is taking place

All handguns must be kept concealed in a motor vehicle.

Texas Weapons Violations

Type of Crime

Description of the Offense

Jail Time & Fines

Class C Misdemeanor Offense

Making a firearm accessible to a child under the age of 17

A fine of not more than $500

Class A Misdemeanor Offense

Unlawfully carrying weapons on or about his person (handgun, illegal knife or club)

Unlawful transfer of certain weapons, i.e. selling a firearm or ammunition to an intoxicated person

Making a firearm accessible to a child under the age of 17 and the child discharges the firearm, causing serious bodily injury or death to himself or another person

Up to 1 year in county jail

A fine not to exceed $4,000

 

State Jail Felony Offense

Any person who intentionally or knowingly sells, rents, leases or gives a child under age 17 a firearm, club or illegal knife

Not less than 180 days or more than 2 years in a state jail facility

A fine not to exceed $10,000

Third-Degree Felony Offence

Unlawfully carrying weapons on or about his person (handgun, illegal knife or club) on the premises of any establishment licensed to sell alcoholic beverages

Intentionally, knowingly or recklessly possessing a firearm, illegal knife or club into a prohibited place

Convicted felon in possession of a firearm

Unlawful possession of metal or body armor by a convicted felon

Any person who knowingly possesses, manufactures, transports, repairs or sells an explosive weapon, machine gun, short-barrel firearm, silencer, switchblade knife, knuckles, armor-piercing ammunition, chemical dispensing device or zip gun

Knowingly possesses components of an explosive weapon with the intent to use it to commit a crime

Up to 10 years in a state correctional facility

A fine not to exceed $10,000

 

Texas Plea Options

Almost 90 percent of all criminal cases end up with the defendant taking a plea bargain. The prosecutor may be willing to drop the offense from a felony down to a misdemeanor. The defendant will be required to plead guilty and be sentenced by the judge. If the defendant and prosecution cannot work out an arrangement, the defendant can plead "not guilty," which will result in a date being set for trial. Pleading "nolo contendere" means that the defendant does not accept or deny responsibility but agrees to accept the punishment.

Get Legal Help From a Texas Criminal Defense Attorney

Once the arraignment is concluded, the discovery process begins and a defense attorney can find out how much evidence the prosecutor has against their client. A skilled criminal defense attorney may be able to work out a favorable plea deal if the case is weak.

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