Fort Worth Criminal Defense

Texas has some of the nation’s most permissive gun laws—but there are still bright-line rules about who may possess a gun, where you can carry, how you must carry, and when force (including deadly force) is justified. Recent court rulings and new legislation have also shifted the ground under both gun-rights and gun-safety advocates. This guide breaks it all down in plain English.

1) The Legal Backdrop: The Second Amendment & Recent Supreme Court Cases

• Bruen (2022): The Supreme Court held that when the Second Amendment covers conduct, the government must justify restrictions by showing they fit the nation’s historical tradition—often called the “text, history, and tradition” test. This ruling reshaped challenges to gun laws nationwide.
• Rahimi (2024): The Court upheld the federal ban on firearm possession by people subject to qualifying domestic-violence restraining orders (18 U.S.C. § 922(g)(8)), emphasizing that disarming those who pose a credible threat is consistent with historical tradition.
• Cargill (2024): The Court struck down ATF’s administrative bump-stock ban, holding bump stocks are not “machineguns” under the federal statute—leaving regulation of these devices to Congress or the states. 

These decisions influence how Texas laws are interpreted and what new measures are likely to survive in court.

2) Who Can and Cannot Possess a Firearm in Texas

• General rule: If you are not prohibited by state or federal law, you may possess firearms.
• Felony convictions: A person convicted of a felony generally cannot possess a firearm. After five years from release from confinement, parole, or probation, limited possession only at the person’s residence may be allowed; possession elsewhere remains illegal.
• Family-violence & protective orders: Federal law bars possession while you’re subject to certain domestic-violence restraining orders; Rahimi confirms that ban’s constitutionality. Texas law also restricts possession after certain family-violence findings. 

3) Carrying Handguns: Permitless Carry vs. License to Carry (LTC)

Permitless (“constitutional”) carry

Since September 1, 2021, most adults 21+ who may lawfully possess a handgun can carry it—openly in a holster or concealed—without a state license. There are still many exceptions (see “Prohibited Places” below). 

18–20-year-olds: Following Firearms Policy Coalition v. McCraw, Texas no longer enforces the 21+ carry limit solely based on age; DPS now accepts 18–20-year-old applicants for LTC and acknowledges the ruling in its guidance. (Young adults must still be otherwise eligible under state and federal law.) 

Why many Texans still get an LTC

The LTC program remains in effect and offers real advantages: streamlined carry in certain contexts, interstate reciprocity, and practical benefits in stops or travel. DPS maintains an official list of LTC benefits. 

4) Where Guns Are 

Prohibited

 (Even if You Can Otherwise Carry)

Texas Penal Code § 46.03 lists “places weapons prohibited.” Highlights include schools, polling places, courts, secured airport areas, 51% alcohol-sales establishments, amusement parks, hospitals/nursing facilities (with required notices), and more—subject to detailed exceptions/defenses. Violations can be serious felonies in some settings. Always check the statute before you go. 

Newer “46.03 sign” notices: Covered locations may post a § 46.03-specific sign at entrances that eliminates certain defenses for accidental carry in prohibited places. If you see it, don’t carry past it. 

5) Private Property & Signs: Texas Penal Code 30.05, 30.06, 30.07 (What They Mean)

Private owners can restrict handguns on their property through specific notice:

• Texas Penal Code §30.05 (Criminal Trespass) “No guns” notice: Bars people (especially those without an LTC) from entering/remain­ing with a firearm if proper notice is given.
• Texas Penal Code §30.06: “No concealed handguns by license holders.” Applies to LTC holders carrying concealed.
• Texas Penal Code §30.07: “No openly carried handguns by license holders.” Applies to LTC holders carrying openly.

To be enforceable, these notices must follow statutory format/placement. If you receive oral notice, you must depart or disarm—even if the sign is imperfect. (When in doubt, leave and call us before you risk an arrest.) 

6) How You May Carry: The “Unlawful Carrying” Rules

Texas Penal Code §46.02 governs unlawful carrying of weapons, including handguns in vehicles and on-person. Key points include holster requirements for open carry, restrictions while committing other crimes, and special rules for carry inside your vehicle or on your own property. Violations can escalate quickly depending on location and circumstances. 

7) Self-Defense, Defense of Others, & Defense of Property (When Force Is Justified)

Texas Penal Code Chapter 9 spells out when force—and deadly force—is justified.

• Self-defense (Texas Penal Code §9.31): Force is allowed if you reasonably believe it’s immediately necessary to counter another’s unlawful force. Texas has no general duty to retreat if you meet statutory conditions.
• Deadly force (Texas Penal Code §9.32): Allowed if you meet § 9.31 and you reasonably believe it’s immediately necessary to stop unlawful deadly force or certain serious violent felonies (e.g., aggravated robbery). Presumptions may apply in home/vehicle/business intrusion scenarios.
• Defense of others (Texas Penal Code §9.33): You can use force (including deadly force) to protect another if they would have the same right of self-defense and your belief is reasonable.
• Property (Texas Penal Code §§ 9.41–9.42): Force may stop trespass or interference with property; deadly force is narrow—limited to specific nighttime crimes and other strict conditions. These cases are fact-sensitive and heavily scrutinized. Call a lawyer before you make statements.

8) State Preemption: Why Cities & Counties Can’t Add Their Own Gun Codes

Texas preempts most local gun regulation. Municipalities and counties generally cannot regulate the possession, carry, storage, transfer, or registration of firearms (and now explicitly, air guns, archery equipment, knives, ammunition, and explosives). Recent legislation in 2025 (SB 2284) further clarified and expanded these limits. 

There are limited carve-outs (e.g., regulating discharge at outdoor ranges; narrow subdivision rules), but the default is broad state control. 

9) Red-Flag (ERPO) Policies: Where Texas Stands

Texas does not have a red-flag law—and in June 2025 lawmakers passed an “Anti-Red Flag Act” (SB 1362) that blocks courts and local officials from using or enforcing ERPO-style orders under state law and resists enforcement of most federal or out-of-state ERPOs. (Separate protective-order laws and federal prohibitions for domestic-violence orders still apply.) 

10) The Ongoing Policy Debate in Texas

• Gun-rights advocates emphasize self-defense and constitutional protections, backing permitless carry, preemption, and resistance to ERPOs; they cite Bruen and Cargill as guardrails against expansive regulation.
• Gun-safety advocates continue to push for measures like universal background checks and ERPOs, noting strong polling support among Texans post-Uvalde—though the Legislature has largely moved in the opposite direction.

Expect continued litigation and incremental statutory tweaks. When laws change, the details (age thresholds, signage, prohibited places, defenses) matter.

11) Practical Tips for Texans

1. Know the signs and the setting. If you see a § 46.03 prohibited-place sign or a 30.05/30.06/30.07 notice—or you’re orally told not to carry—don’t carry past it.
2. Vehicle carry vs. public carry. The rules are different; ensure holster compliance and avoid any conduct that could elevate a simple stop into an arrest.
3. Consider an LTC. Reciprocity, training, and practical benefits still matter—especially when traveling or interacting with law enforcement.
4. After any defensive display or use of force: call counsel first. Chapter 9 defenses are technical and fact-intensive. 

12) How Our Firm Helps

Navigating Texas gun laws is not just about quoting statutes—it’s about protecting your rights while reducing your legal risk. Whether you were stopped while carrying, face a 46.03 or 30.05/30.06/30.07 charge, need counsel after a defensive incident, or want compliant policies for your business or church, we’re here.

Free, confidential consultation: If you’re facing a firearm-related investigation or charge—or you simply want clarity before you carry—call us. We’ll review your facts, assess exposure under Penal Code §§ 46.02, 46.03, 46.04 and Chapter 9, and map a strategy to protect your freedom. (The earlier we engage, the more options we have.) 

Statutes & Key References (select)

• Texas Penal Code Ch. 46 (Weapons); §§ 46.02–46.05, § 46.03 (prohibited places), § 46.04 (unlawful possession by felon).
• Texas Penal Code Ch. 30 (Trespass): §§ 30.05, 30.06, 30.07.
• Texas Penal Code Ch. 9 (Justification): §§ 9.31–9.33, 9.41–9.42.
• DPS: LTC Benefits & FAQs (including 18–20 guidance).
• Texas State Law Library Gun-Law Guides (updated frequently).
• Preemption: Local Gov’t Code § 229.001 (cities) & Ch. 236 (counties), as updated; SB 2284 (2025).
• SCOTUS: Bruen (2022); Rahimi (2024); Cargill (2024). 

How Long Does the State Have to Bring a Criminal Case Against Me?

Texas law sets out the statute of limitations, the period during which formal charges must be brought against a defendant for most offenses. These time periods range from two years to over twenty years, and for some offenses there is no limitation period at all. The applicable limitation period depends on the particular offense that is alleged.

The various statutes of limitation mean that the state must present an indictment or information within said time period or prosecution will be time barred. The presentation of an indictment occurs when the grand jury has made its decision and the indictment is received by the court. Tex. Code Crim. Proc. Ann. Art. 12.06. The presentation of an information occurs when it has been properly filed in court. Tex. Code Crim. Proc. Ann. Art. 12.07. The limitations period is tolled while the case is pending after an information is filed or indictment issued. Tolling means that the time will not be counted against the limitations period.

Generally, the time period is measured based on the date the offense was committed. When computing the time period, the day on which the offense was committed and the day on which the charge was presented are excluded. Tex. Code Crim. Proc. Ann. Art. 12.04. Thus, the clock starts running the day after the offense was committed and is paused when the indictment or information is presented. Additionally, any time the defendant was absent from the state is excluded when computing the time period. Tex. Code Crim. Proc. Ann. Art. 12.05(1).

What Are the Time Periods in the Texas Statutes of Limitations?

TEXAS PERIODS OF LIMITATIONS FOR MISDEMEANOR OFFENSES

Texas law provides that for most misdemeanor offenses there is a standard period of limitations of two (2) years. Tex. Code Crim. Proc. Ann. arts. 12.02. The only exception is for Assault Family Violence allegations, for which the limitation period is 3 years. Thus, for any given misdemeanor charge, the State must bring prosecution within two years from the commission of the crime (or 3 years if the allegation is one of family violence).

TEXAS PERIODS OF LIMITATIONS FOR FELONY OFFENSES

There are several periods of limitations provided for the various felony offenses, as well as a catch all time period of three years for all other felonies not specifically provided for. Tex. Code Crim. Proc. Ann. art. 12.01(7). See the chart below for the time period provided for certain major felony offenses.

PERIOD OF LIMITATIONS	FELONY OFFENSE
(A) Five Years   See Tex. Code Crim. Proc. Ann. art. 12.01(4).	Theft or Robbery, Kidnapping or Burglary (except as provided in (E)), Injury to Elderly or Disabled (unless 1st Degree), Abandoning or Endangering Child, and Insurance Fraud
(B) Seven Years   See Tex. Code Crim. Proc. Ann. art. 12.01(3).	Money Laundering Credit Card or Debit Card Abuse Medicaid Fraud False statement to obtain property or credit; and Fraudulent Use or Possession of Identifying Information
(C) Ten Years   See Tex. Code Crim. Proc. Ann. art. 12.01(2).	Theft of any estate by an executor, administrator, guardian, or trustee Theft by a public servant of government property Forgery or uttering, using, or passing of a forged instrument Sexual assault (except as provided in (F)), Injury to an elderly individual or disabled individual (if punishable as a first degree felony), and Arson
(D) Ten Years from the Victim's 18th Birthday   See Tex. Code Crim. Proc. Ann. art. 12.01(6).	Injury to a Child
(E) Twenty Years from the Victim's 18th Birthday   See Tex. Code Crim. Proc. Ann. art. 12.01(5).	Sexual Performance by a Child younger than 17 Aggravated Kidnapping with intent to sexually abuse a victim younger than 17, and Burglary of a Habitation with the intent to sexually abuse a victim younger than 17
(F) No Time Limitation   See Tex. Code Crim. Proc. Ann. art. 12.01(1).	Murder or Manslaughter Leaving the Scene of an Accident which Resulted in Death Indecency with a Child Sexual Assault or Aggravated Sexual Assault of a Child Continuous Sexual Abuse of a Child Sexual Assault if DNA testing indicated that the perpetrator’s identity could not be readily determined Sexual Assault if there is probable cause to believe that the defendant has committed the same or similar offense against 5 or more victims
(G) Three Years   See Tex. Code Crim. Proc. Ann. art. 12.01(7).	All other Felonies. Misdemeanor Assault Family Violence.

Periods of Limitations for Aggravated Offenses, Attempt, Conspiracy, and Solicitation

The limitation period for criminal attempt is the same as provided for the offense attempted. Tex. Code Crim. Proc. Ann. art. §12.03(a). Additionally, the limitation period for criminal conspiracy or organized crime is that of the most serious offense that is the subject of the conspiracy or organized crime. §12.03(b) Further, the limitation period provided for criminal solicitation is the same as the period of the felony solicited. §12.03(c). Finally, an aggravated offense has the same period of limitation as provided for the primary crime. §12.03(d)

In conclusion, these limitations are set out to protect defendants from having to face charges where evidence is stale and witnesses are unavailable due to the long period of time the State has waited to bring prosecution. The Texas Code of Criminal Procedure is very specific in how it has laid out the periods of limitations so that there will be no question as to the time period for a particular offense and how that time period should be computed.

*Note: The above provided chart is not all-inclusive but instead focuses on only some of the major felony offenses. An exhaustive list can be found in Section 12.01 of the Texas Code of Criminal Procedure.

Prostitution is Illegal in Texas

In Texas, under Chapter 43 of the Penal Code, all forms of prostitution are outlawed. Whether a person is involved in promoting prostitution, engaging in prostitution, or soliciting another to engage in an act of prostitution, it is all illegal and can result in arrest, conviction, and prison time in Texas.

What is Solicitation of Prostitution Under Texas Law?

As defined in Section 43.021(a) of the Texas Penal Code, “A person commits an offense if the person knowingly offers or agrees to pay a fee to another person for the purpose of engaging in sexual conduct with that person or another.” This law does not require a person to actually show up to the agreed location in person, since the offense is committed at the time the offer of money for sex is proffered. However, in most circumstances, the police will not make an arrest unless the “John” actually shows up to the scene.

Prostitution Stings in Texas

Many solicitation of prostitution arrests occur as part of undercover police sting operations. Due to the prevalence and increase of human trafficking in Texas, police agencies have ramped up prostitution sting operations in hopes of decreasing the demand for sex services. Most sting operations are widely publicized afterwards, causing embarrassment, job loss, and relationship stress for those caught in the sting, not to mention the follow-on criminal implications. Our firm has represented people across North Texas that have been arrested in prostitution stings with favorable results.

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Solicitation of Prostitution is a State Jail Felony in Texas

On September 1, 2021, the offense of soliciting a prostitute in Texas was enhanced from being a Class B Misdemeanor to a State Jail Felony. This means that, even if it is your first offense, if you “knowingly offer or agree to pay a fee to another person for the purpose of engaging in sexual conduct with that person” you can be convicted of a felony offense and sentenced to a minimum of 6 months and a maximum of 2 years in a State Jail facility. If you have a previous solicitation conviction, then the next offense is a 3rd Degree Felony with a punishment range of 2-10 years in prison.

What to do if you are Arrested for Solicitation of a Prostitute?

If you are arrested for solicitation, once you have bonded out of jail, you should contact an experienced and trusted criminal defense attorney in the jurisdiction where the arrest occurred. Our team of criminal defense lawyers at Barnett Howard & Williams handle around a dozen solicitation cases every year, many of which are the product of Tarrant County Sheriff sting operations. Contact us today for a free consultation at (817) 993-9249. We have offices in Fort Worth and Keller.

How To Lift an Emergency Protective Order (EPO) Associated with a Texas Domestic Violence Case?

If you were arrested for Assault (Family Violence), chances are that you also received an Emergency Protective Order prohibiting you from going within 500 yards (or similar distance) from the “victim’s” home or workplace, along with other conditions for a period of 31, 61, or 91 days depending on the nature of the alleged assault. Protective Orders can cause big problems, especially when the two parties live together in the same house and share childcare and other family responsibilities.

Can I Lift The Emergency Protective Order So That I Can Go Home?

Yes, you can (in most cases). We are asked this question on a daily basis. A spouse that was arrested for Domestic Violence has been forced to leave the family home because of the EPO. EPOs, however, do not relieve people of their daily responsibilities to take care of children, go to work, or provide for their families. An EPO can certainly throw a wrench into a family dynamic.

We help families modify protective orders to allow a defendant to return home. We do not typically request that the entire EPO be lifted completely, only amended.

Amending an EPO is Not the Same Thing as Lifting an EPO.

So what’s the big difference in lifting an EPO versus amending an EPO. Most judges will not agree to completely lift an EPO, because, as they see it, there was likely a good reason for the imposition of the EPO in the first place. Additionally, in almost every scenario, the District Attorney's office will oppose lifting the EPO. However, many judges will agree to amend or modify an EPO and change some of the conditions. Usually, if the victim requests it, a judge will amend the protective order to allow the defendant to return home or resume contact with the complainant and the family. However, the remaining conditions, usually involving not committing family violence or threatening the victim, remain in place for the duration of the protective order.

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What are the Steps to Amending a Protective Order in Fort Worth?

First, it is important to know that all jurisdictions handle protective orders differently. For instance, the Fort Worth Municipal Court handles protective orders differently from Tarrant County Criminal Court #5. Some courts prefer to hold a formal hearing and others do not. However, in all cases, we request the following:

• An Affidavit from the Victim Requesting a Change of the Protective Order: This can be drafted and signed in our office, but the victim must be present and indicate that this is what he/she wants. In our experience, if the complaining witness does not want the EPO changed, then the judge is not going to change it.
• A Motion to Modify the Protective Order: We draft and file the motion with the court having jurisdiction over the EPO. Texas law requires that we allege 3 things in our motion and that the judge find those 3 things to be true before he/she can modify the EPO:
  • (1) The current EPO is unworkable;
  • (2) Modification of the EPO will not place the victim in a greater risk of harm; and
  • (3) Modification of the EPO will not result in harm to any person protected under the order.

• An Affidavit of Non-Prosecution: This is not a required document, but we allow victims to sign an ANP in our office if they request it. They may end up having to sign another ANP with the prosecutor, but we like to give them the opportunity.
• Formal or Informal Hearing with the Presiding Judge: Some courts will require an actual hearing with witnesses before deciding whether to modify an EPO. Other courts simply prefer the verified documentation and an informal meeting with the state and the defense.
• Filing the Amended Order with the Arresting Agency and Sheriff’s Office: If the judge agrees to amend the protective order, we send a copy of the signed order to the defendant, the complainant, the arresting police agency, and the local sheriff’s office. We also advise our clients to keep a copy of the order near the front door in case a nosy neighbor decides to call the police believing that the EPO is being violated.

I Have an Emergency Protective Order. How Do I Get Started in Amending the Order?

If you have an EPO that was issued against you in response to an allegation of Assault (Family Violence), give us a call today to see if we can assist you in getting the order amended so that you can return home to your family. Every case is different, so we want to speak with you and learn more about your situation. This article will not apply to every case, so call us today at (817) 993-9249. We offer Free Consultations in every case with no obligation.

Recording Conversations Without Consent in Texas | Wiretapping Laws

With roadway cameras at nearly every street corner, video surveillance in businesses, doorbell cameras on homes, web cams on computers, and recording capabilities on mobile phones – we must navigate carefully in a digital world. We’ve seen titillating news reports exposing a secret audio tape of a public figure having scandalous phone conversations, or video surveillance of questionable traffic stops that escalate in shocking fashion. You may have had a suspicious feeling that you were being recorded, or on the other hand, felt as if you needed to record a conversation with another for your own protection.

With privacy seemingly harder to come by as compared with days long past—what does Texas law say about recording conversations? Is it illegal to record a phone conversation with another person? What about in person?

The short answer is: YES, you can record a conversation with another person without that person's consent. But this answer requires more explanation.

Recording Phone Calls in Texas | Texas is a One-Party Consent State

Under Texas Law, it is a crime intercept or record any wire, oral or electronic communication without the consent of at least one party. The good news is that you count as one party and if you're recording then you have probably given yourself consent to record the conversation. Generally speaking, state wiretapping laws turn on whether the state is a one-party consent state. While some states require the consent of all of the parties to a conversation prior to recording, Texas permits the recording of telephone calls, so long as the consent of one of the parties is obtained. As stated, if you are one of the parties on the phone call, then you may consent to having your own conversation recorded—you need not alert the other party. Additionally, a parent may give vicarious consent to the recording of a child’s conversation if the parent has a good faith objectively reasonable belief that the recording is necessary for the welfare of the child.

However, if during a phone call there are multiple parties who are in different states, then be aware that other state laws may require pre-recording consent of all of the parties. In this scenario, if the recording party obtains consent from the other parties before the recording begins, then the recorder is not in violation of wiretapping laws.

See this link to learn more about the various state wiretapping laws.

Recording In-Person Conversations in Texas | Can I Record Someone Else's Public Conversation?

Texas law (Penal Code §16.02) does not permit you to record in-person communications when the parties have an expectation that such communication is not subject to interception (i.e. If there is a reasonable expectation of privacy). If you wish to record a conversation to which you are not a party, all of the parties must give consent before the recording device is turned on or there must be no reasonable expectation of privacy (e.g. If the recording is taken from your doorbell camera and the parties are standing on you doorstep). If you are a party to the conversation, record away.

Further, you are able to record in-person communication at a public place, like a mall food court or at a football game for example, where parties do not have the expectation of privacy. Remember—if you say it in a public place, within earshot of others who may overhear, you do not have an expectation of privacy in those statements. Generally, such statements may be recorded without violating that state’s wiretapping laws.

A Word of Caution of Recording Conversations in Texas

Please be aware that there are both federal and state wiretapping laws that may limit your ability to making recordings of telephone calls or in person conversations. This article addresses state wiretapping laws in Texas only. Additionally, if a person has violated a state or federal wiretapping statute, he may be both charged criminally and be sued civilly by the damaged party.

Further, while a person may have successfully recorded a conversation under state and federal wiretapping laws, the act of disclosing the recording to other third parties could be, in and of itself, punishable criminally or civilly under other legal theories (such as slander, for example).

If you are faced with a wiretapping charge, or have questions about wiretapping, please contact an attorney who will address both the state and federal regulations as they are related to the facts of your specific case. Wiretapping charges are potentially serious felonies that could land a person in jail or prison, with fines ranging from $200 to $10,000. If you are faced with charges related to wiretapping in Texas, please contact our offices at (817) 993-9249 for a consultation.

Summary on Texas Wiretapping

• A person can record a conversation to which you are a party in Texas without violating wiretapping laws, so long as the other party is in a “one party consent” state.
• A person can record a conversation (to which he is not a party) if one of the participants gives him permission.
• A person can record a conversation when, in a public setting, the participants do not have a reasonable expectation of privacy.
• It is almost always illegal to record a phone call or private conversation to which one is not a party, does not have consent from at least one of the parties, and could not naturally overhear the conversation.

This article is for educational purposes only and should never be substituted for legal advice.