Weapons possession laws in Texas are complicated, especially after recent changes and updates to state laws. When you purchase and possess firearms, you are required to comply with state and federal weapons laws.
If you own firearms or are thinking about purchasing a gun, it is critical to understand the applicable weapons possession laws and the penalties for violations. Attorneys at Vinas & Graham, PLLC, represent clients in all types of criminal matters, including weapons possession cases. They can answer your questions and help you understand your rights.
Purchasing And Possessing A Firearm
The minimum age to purchase a firearm depends on the type of gun you purchase and the seller. For example, under federal law, you must be 21 years old to buy a handgun and at least 18 to purchase a long gun from a federally licensed dealer.
However, under Texas state law, you can purchase a handgun at 18 years old. This effectively means that you are prohibited from buying a handgun from a federally licensed firearms dealer if you are under 21, but you may purchase one in a private sale if you are at least 18 years old.
Age restrictions for possessing a firearm differ from the minimum age requirements to purchase a gun. As mentioned above, federal law requires you to be at least 18 to buy a long gun from a licensed dealer, but there is no minimum age for possessing a long gun. With parental permission, minors may legally receive a firearm as a gift.
License To Carry
In the past, you were not allowed to carry a weapon in Texas unless you had a license to carry. However, recent changes in Texas law make it legal for people 21 and over to carry an open or concealed weapon without a permit.
Recently, a Texas judge struck down a state law prohibiting people under 21 from carrying a handgun outside the home. This ruling is currently tied up in the appeals process, and the outcome will eventually be determined by the courts.
Loss Of Rights To Carry And Possess Firearms
Under some circumstances, you may lose your right to carry and possess firearms. If you have been convicted of a felony or family violence, you will be restricted from possessing or purchasing a gun for at least five years. Your rights will also be limited if you are the subject of a protective order.
Under federal law, you might lose your rights if you have been convicted of a crime that can lead to more than one year in prison, even if you weren’t sentenced to more than one year. Other circumstances can also result in lost gun rights.
For example, you may be prohibited from purchasing and possessing a firearm if you are a fugitive from justice, a controlled substance user, or involuntarily committed to a mental health facility.
Weapons Possession Penalties In Texas
The penalties for weapons possession vary depending on your unique circumstances. If you were prosecuted for a felony at the state level, you could lose your gun rights for five years or more. If you lost your gun rights after being convicted in federal court, it would be challenging to ever get those rights restored.
Other consequences for weapons possession violations depend on the severity of your crime. Some weapons charges, such as firing a gun in a public place, might be charged as a Class A misdemeanor with a fine of up to $4,000 and a sentence of up to one year in jail.
When crimes are more serious, or you have a prior criminal record, you may face more significant fines and a lengthy prison sentence. In the most severe cases, you may be sentenced to life in prison and have your right to possess firearms permanently revoked.
Meet With A Texas Weapons Possession Attorney
Weapons possession charges are complicated, and the consequences for conviction can be severe. If you have been charged with firearms crimes, meet with a Texas weapons possession attorney as soon as possible.
Attorneys at Vinas & Graham, PLLC, represent clients charged with weapons crimes at the state and federal levels. We know that the stakes are high when you are facing criminal prosecution, and we can help.
Contact our office at 713-229-9992 or visit our contact page to schedule an initial consultation. Follow us on Facebook to stay updated on state and federal gun laws and learn more about our attorneys and the cases we handle.
