Cody Cofer | December 6, 2024 | Texas Law

Texas Gun Laws

In 2021, Texas significantly changed its gun laws, allowing individuals who meet legal criteria to carry handguns in public without requiring a License to Carry (LTC). Texas still maintains the option for residents to obtain an LTC, which may offer certain advantages over unlicensed carry. Understanding who is eligible to possess a firearm and what the penalties are if you break the law is essential.

Who is Eligible to Possess a Gun in Texas?

Individuals who wish to carry a handgun without an LTC must:

  • Not be federally prohibited from owning firearms 
  • Not have a past felony conviction 
  • Avoid recent misdemeanor convictions that prevent carrying
  • Not be under an active protective order 
  • Not be a member of a criminal street gang in possession of a firearm 
  • Not be intoxicated while carrying, except in rare cases 

Additionally, the general minimum age to carry a handgun in Texas is 21. However, a federal court decision in 2022 established that individuals aged 18 to 20 cannot be prohibited from carrying solely based on their age, meaning a person could not be prosecuted for carrying a firearm while under 21. Following this ruling, the Texas DPS stopped denying LTCs based on age.

Individuals Prohibited From Gun Possession in Texas

Federal and state laws prohibit certain individuals from possessing firearms In Texas, these laws include the following categories of prohibited individuals:

  • Felony Convictions: Anyone who has been convicted of a state jail felony or higher in Texas is barred from possessing firearms.
  • Certain Misdemeanor Convictions: Individuals convicted of certain misdemeanors are also prohibited from possessing firearms. Specifically, those convicted of the following crimes cannot own a firearm: assault, terroristic threat, disorderly or deadly conduct, stalking, violation of a protective order, or harassment.

Anyone who has been convicted of any of these offenses will at least temporarily lose their right to possess a firearm. 

  • Fugitives from Justice: Persons who are fugitives from justice, meaning they have active warrants for their arrest from another jurisdiction, are not permitted to possess firearms.
  • Restraining Orders: Individuals subject to active restraining or protective orders for harassing, stalking, or threatening an intimate partner or their child are banned from possessing firearms. 
  • Mental Health Adjudications: People who have been adjudicated as mentally defective or committed to a mental institution are barred from possessing firearms. 

It is important for individuals living in Texas to understand these laws so they don’t end up facing serious criminal charges. 

Penalties for Illegally Possessing a Firearm in Texas

Unlawful possession of a firearm in Texas can result in serious legal consequences for a defendant, including jail time and monetary fines. The severity of penalties is based on several factors, including the individual’s criminal history and the location where the firearm was carried.

Class A Misdemeanor Charges

Typically, if an individual is found unlawfully possessing a firearm in Texas, they may face Class A misdemeanor charges. This can lead to the following penalties:

  • Up to one year in county jail
  • A fine of up to $4,000
  • Potential community service or probation

The consequences for carrying a firearm unlawfully escalate under certain conditions:

  • Restricted Locations: Possessing a firearm in places such as schools, airports, or government buildings increases the gravity of the offense.
  • Previous Felonies: Individuals with past felony convictions face greater penalties if caught in possession of a firearm.

Under these circumstances, the penalty may be elevated to third-degree felony charges, carrying up to ten years in state prison and a fine of up to $10,000.If charged in federal court, the courts may impose longer sentences based on various factors, such as the defendant’s criminal history, the use of the firearm in the commission of another crime, or possession of multiple firearms.

For more information, please contact the gun charges law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:

We serve the surrounding areas of Tarrant County and Fort Worth, TX.

Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102