Know Your Rights: What to Do When Pulled Over in Texas

Texas concealed carry laws

Texas Concealed Carry Laws: Avoiding Unlawful Possession Charges

Texas is known for its strong support of Second Amendment rights, but even in a gun-friendly state, concealed carry laws have boundaries that every gun owner must understand. Mistakes in carrying a firearm, particularly in restricted areas or without a clear understanding of the law, can lead to serious criminal charges. Understanding how Texas concealed carry laws work is essential for anyone who carries a handgun, whether daily or occasionally.

Vinas & Graham, PLLC helps individuals charged with firearm-related offenses understand how legal protections and criminal liability intersect under Texas law. Knowing the difference can significantly impact a case’s outcome.

Permitless Carry: What It Allows and What It Doesn’t

In 2021, Texas passed a permitless carry law, often called constitutional carry. This allows eligible individuals over the age of 21 to carry a handgun without a license in most public places. Although the law eliminated the requirement for a License to Carry (LTC), it did not remove all restrictions.

To carry legally, a person must meet specific qualifications. Those prohibited from possessing firearms under federal or state law, including individuals with felony convictions or certain domestic violence records, are still barred from carrying. The law only applies to handguns and does not include long guns or other types of weapons.

The handgun must be concealed or carried in a proper holster. Open carry is allowed, but the handgun must be in a shoulder or belt holster and not openly displayed.

Places Where Concealed Carry Is Prohibited

Even with legal permission to carry a concealed weapon, many locations in Texas do not allow it. Violating these location-based restrictions can result in charges for unlawful possession.

Examples of prohibited places include:

  • Schools and educational institutions
  • Courthouses and court offices
  • Polling places during voting
  • Bars that make most of their revenue from alcohol
  • Private properties with posted signage
  • Government meetings open to the public
  • Federal buildings and airports

Some of these locations may permit carry with an LTC but not under permitless carry. Property owners can ban firearms by displaying signs that comply with Texas Penal Code Sections 30.06 and 30.07. Ignoring these signs may lead to criminal trespass charges, even if the individual is otherwise allowed to carry.

Understanding Unlawful Possession

Unlawful possession refers to carrying a handgun in a way that violates Texas law. This can involve carrying while intoxicated, carrying in a prohibited location, or possessing a firearm while being legally prohibited from doing so. In many instances, the individual charged may not realize they were breaking the law.

For example, someone with a felony record might think they can carry a handgun under the permitless carry law, but they remain prohibited. They may face felony charges for illegal possession. Similarly, entering a posted “gun-free” zone with a concealed weapon can lead to arrest and prosecution.

Unlawful possession charges range from misdemeanors to felonies. A Class A misdemeanor, such as carrying while intoxicated, could result in up to one year in jail. Possession by a felon is a third-degree felony, carrying two to ten years in prison.

The Importance of Knowing Your Rights and Responsibilities

Understanding Texas concealed carry laws involves more than knowing where carrying is allowed. It also requires awareness of when and how not to carry. One of the most common mistakes is assuming that permitless carry gives unlimited freedom.

Legal gun ownership does not protect someone from prosecution if they violate other laws. The state does bring charges against individuals who unintentionally carry in prohibited places or who don’t fully understand the law. Remaining informed can help avoid criminal exposure.

If you’re charged with unlawful possession, the details of your case matter. A criminal defense attorney can review whether a search was lawful, signs were correctly posted, or the location fell under a prohibited category. Many cases depend on narrow legal interpretations.

Protecting Your Rights with Experienced Representation

Navigating Texas firearm laws can be complex, especially when even minor missteps may lead to criminal charges. The consequences of an unlawful possession case can affect everything from your freedom to your future, making experienced legal support essential.

At Vinas & Graham, PLLC, attorneys Joe Vinas and Spence Graham bring a combined 40 years of experience handling Texas criminal cases. As former felony chief prosecutors, they understand both the legal framework and the prosecutorial approach behind unlawful possession charges.

Whether you’re facing an allegation involving a restricted area, a misunderstanding about consent or signage, or a more serious firearm offense, Vinas & Graham PLLC provides the focused legal representation you need. If you have been arrested or are under investigation for a firearm-related offense, contact Vinas & Graham, PLLC, today to protect your rights and future.

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