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Mar 15
Love0
Assorted firearms arranged on concrete with the headline “Texas Gun Control: What the Law Actually Says About Owning, Carrying, and Using Firearms—And Where the Debate Stands Now,” featuring the HLAW Law Firm logo

Texas Gun Control: What the Law Actually Says About Owning, Carrying, and Using Firearms—And Where the Debate Stands Now

By Criminal Defense
Assorted firearms arranged on concrete with the headline “Texas Gun Control: What the Law Actually Says About Owning, Carrying, and Using Firearms—And Where the Debate Stands Now,” featuring the HLAW Law Firm logo

Texas Gun Control: Understanding state laws on owning, carrying, and using firearms—and how today’s gun-control debate shapes the rights of Texas gun owners. Presented by HLAW Law Firm.

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)

Sep 08
Love1
New Criminal Laws 2021

Texas Legislature Update: New Criminal Laws 2021

By Legislative Update

New Criminal Laws 2021The 2021 Texas legislative session has now closed and there were several updates to our criminal statutes. Below are some of the more notable changes or additions to Texas criminal laws that took effect on September 1, 2021:

Constitutional Carry – HB 1927

All Texans over the age of 21 are now able to carry a handgun in public without a license or training as long as they are not prohibited from possessing a gun by state or federal law. In addition, the carrying a firearm while intoxicated is now a Class A misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine, and the carrying a firearm in a vehicle by a gang member is now a third-degree felony punishable by two to 10 years in prison and a maximum $10,000 fine. HB 1927 also allows a peace officer to disarm a citizen at any time if they believe it is necessary to protect the individual, the officer, or another person. The officer, however, must return the handgun before leaving the scene if the officer determines the person was not a threat and didn’t commit a violation. Finally, HB 1927 allows for the expungement of records for those previously convicted of Unlawful Carrying a Weapon before September 1, 2021.

Obstructing Emergency Vehicles – HB 9

HB 9 makes it a state jail felony to knowingly block an emergency vehicle with its lights and sirens on or to obstruct access to a hospital or health care facility. This offense is punishable by six months to two years behind bars and a maximum $10,000 fine. Individuals convicted of this offense are required to spend at least 10 days in jail, even if they are sentenced to probation.

False Reporting to Induce Emergency Response – SB 1056

SB 1056 makes it a Class A misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine, to falsely report a crime or an emergency to elicit an emergency response from law enforcement or other emergency responders. The charge becomes a state jail felony, punishable by six months to two years in state jail, if the defendant has been previously convicted twice of the offense and a third-degree felony, punishable by two or ten years in prison, if a person is seriously injured or killed as a result of the emergency response.

Enhancement for Reckless Driving Exhibition – SB 1495

SB 1495 heightens the penalty for obstructing a highway or passageway from a Class B misdemeanor to a Class A misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine, for an individual who engages in a reckless driving exhibition. SB 1495 enhances the penalty to a state jail felony for a person who has been previously convicted of this offense, a person who operates a vehicle while intoxicated, or who causes someone to suffer bodily injury.

Harassment Extension to Social Media Posts – SB 530

SB 530 makes it a Class B misdemeanor, punishable by up to 180 days in jail and a maximum $2,000 fine, to harass another person by publishing repeated electronic communications on a website with the intent to harass, annoy, alarm, torment, or embarrass that person. The penalty, however, can be increased to a Class A misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine, if the actor has been previously convicted of the offense or it if involved a child under age 18 with the intent to cause the child serious bodily injury or to commit suicide.

Silencer Legalization – HB 957

HB 957 removes firearm silencers from the list of weapons that are prohibited in Texas. In addition, firearms suppressors that are manufactured and remain in Texas are not subject to federal law or regulation.
Enhanced Punishment for Offenses against Public Servants – HB 624
HB 624 increases the penalty by one level for people who commit an offense against someone whom they know is a public servant or against a member of the public servant’s household or family. The increased punishments apply to arson, criminal mischief, criminal trespass, breach of computer security, harassment, stalking, or fraudulent use of possession of identifying information.

Enhanced Punishment for Offenses against Public Servants – HB 624

HB 624 increases the penalty by one level for people who commit an offense against someone whom they know is a public servant or against a member of the public servant’s household or family. The increased punishments apply to arson, criminal mischief, criminal trespass, breach of computer security, harassment, stalking, or fraudulent use of possession of identifying information.

Jan 24
Love14
TSA Airport Gun Charges Texas

What to do if Arrested for Bringing a Gun to the Airport (Accidentally)

By Criminal Defense, Weapons Charges

Unlawful Carrying of a Weapon at an Airport in Texas

TSA Airport Gun Charges TexasWe love our guns in Texas. After all, those licensed to carry a handgun can now choose to conceal the handgun or wear it on their hip like in the old west. But carrying a handgun comes with its risks. Many places are designated as “off limits” for handguns. Chief among them is the airport. And everyday, well-meaning folks forget about their trusty handgun when they pack their bags and head to DFW International Airport or Love Field, only to be reminded by a less-than-friendly TSA agent as they attempt to pass through security. In fact, Texas is the #1 state for airport gun seizures in the country (and DFW International Airport leads the way in Texas).

 

CALL US TODAY – (817) 993-9249

 

What Can Happen if I Accidentally Bring a Gun Through Security at DFW Airport or Love Field Airport?

Generally, if you carry a firearm through the security checkpoint at an airport, you can be detained and arrested. Carrying a firearm, either on your person or in your carry-on luggage, is a violation of Texas Penal Code Section 46.03. The detention and arrest could take several hours and will likely cause you to miss your flight as you move through the process. The DFW Airport or Love Field Police will also confiscate your handgun. If you are arrested for bringing a handgun to the airport, your case will be filed with the Tarrant County District Attorney (for DFW Airport case) or Dallas County District Attorney (for Love Field cases).

How Serious is an Arrest for Bringing a Firearm to the Airport in Texas?

Depending on how the authorities choose to proceed, you will likely be charged with 3rd Degree Felony. A 3rd Degree Felony carries a range of punishment from 2-10 years in prison and a fine up to $10,000. The Tarrant County DA typically files the case as a 3rd Degree Felony, while cases that originate in Dallas Love Field Airport usually wait for Grand Jury review before they are filed.

What Should I Do After I am Arrested for an Airport Gun Charge?

After you post bond and are released from custody, you need to hire a lawyer to help defend you on the charges. You should also consider signing up for a local gun safety course so that you can demonstrate that you understand the severity of your mistake and are taking steps to ensure that it does not happen again. Other than that, follow the advice of your attorney. Do not attempt to get your gun back. Your lawyer can help you do that with a court order, if appropriate, once the case is closed.

 

CALL US TODAY – (817) 993-9249

 

I Have an LTC (CHL). Are There Any Exceptions for Me?

Yes. In 2015, the Texas legislature added some language to Section 46.03 to provide for LTC holders who accidentally forgot about their weapon. Section 46.03 now provides:

(e-1) It is a defense to prosecution under Subsection (a)(5) that the actor:
(1) possessed, at the screening checkpoint for the secured area, a concealed handgun that the actor was licensed to carry under Subchapter H, Chapter 411, Government Code;  and
(2) exited the screening checkpoint for the secured area immediately upon completion of the required screening processes and notification that the actor possessed the handgun.
(e-2) A peace officer investigating conduct that may constitute an offense under Subsection (a)(5) and that consists only of an actor’s possession of a concealed handgun that the actor is licensed to carry under Subchapter H, Chapter 411, Government Code, may not arrest the actor for the offense unless:
(1) the officer advises the actor of the defense available under Subsection (e-1) and gives the actor an opportunity to exit the screening checkpoint for the secured area;  and
(2) the actor does not immediately exit the checkpoint upon completion of the required screening processes.

So, basically, they are going to give you a chance to leave the secured area as soon as your mistake is realized. They cannot arrest a valid LTC holder unless the person refuses to leave the secured area immediately. There is no such exception for non-LTC holders. Licensed concealed firearm holder from other states should also be given the same opportunity to leave the secured area immediately in order to avoid arrest.

How Can I Lawfully Carry a Firearm on a Flight?

To carry a firearm on a flight, you must place the firearm in your checked baggage and declare it at the time you check your bags. Also, you should check the TSA guidelines before packing to ensure that you follow all of the rules and regulations.

TSA Sent Me a Demand for Money After I was Arrested. What Should I Do?

The law allows for TSA to send a civil demand letter for money damages. TSA officials consider the “severity” of your violation and then send a demand for money within the range that they consider appropriate. They will typically allow for your to pay less than the demanded amount if you pay quickly.

*See this sample TSA Civil Demand Letter.

You may pay the full demand, file a written response, or contact TSA to see if you can work out an arrangement. We have been able to help our clients pay less than what is demanded, but every case is different.

Will I Receive a Criminal Conviction on My Record For Accidentally Bringing My Gun to the Airport?

It depends. Many of our clients that were charged with Unlawfully Carrying a Weapon in the airport have had their cases dismissed. In fact, most have had their cases dismissed. But again, every case is different. The key is to contact an attorney right away so that your rights may be preserved throughout the criminal justice process.  Our team regularly handles airport gun cases arising out of DFW International Airport or Love Field Airport. We have offices in Keller and Fort Worth and offer free consultations.

 

CALL US TODAY – (817) 993-9249

Sep 06
Love8
Lautenberg Amendment Federal Gun Ban

The Lautenberg Amendment Federal Gun Ban on Misdemeanor Domestic Violence Cases

By Domestic Violence

What is the Lautenberg Amendment?

Lautenberg Amendment Federal Gun BanThe Lautenberg Amendment to the Gun Control Act enacted in the Fall of 1996 provides that those with a conviction for a misdemeanor crime of domestic violence cannot use, possess, or transport a firearm or ammunition.

Senator Frank Lautenberg was the chief sponsor of this amendment. The purpose behind this amendment is to keep firearms out of homes where a domestic violence relationship exists. Lautenberg presented it with the idea that domestic violence and firearms are a deadly combination and enacting this amendment would lessen the likelihood of a victim to die during a domestic violence episode. 142 Cong Rec S 11872. Additionally, since there was already a firearm ban in place for felony convictions, this Amendment combats the devastating loophole that previously allowed persons with misdemeanor convictions of domestic violence to fall through the cracks and be permitted to own firearms. United States v. Hayes, 555 U.S. 415.

When Does the Lautenberg Amendment Apply?

The Lautenberg Amendment will not have any impact until a person has a misdemeanor conviction of domestic violence. 18 U.S.C. § 922(g)(9). That is, a misdemeanor that

“has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.”

18 U.S.C. § 921(33).

A defendant will not be considered convicted unless they were represented by an attorney or “knowingly and intelligently” waived that right and the case was prosecuted at a jury trial or the defendant “knowingly and intelligently” waived that right by a guilty plea or otherwise properly waived that right. Id.

If you have been charged with a qualifying misdemeanor conviction, the amendment has no impact on you until you have received a final conviction. However, if you are subject to a protective order, the Gun Control Act and the State of Texas separately provide that you cannot use, possess, or transfer firearms. 18 U.S.C. § 922(d)(8); Tex. Fam. Code § 85.022(b)(6); Tex. Pen. Code § 46.04(c).

In Texas, if you have disposed of your case through deferred adjudication, which is not a final conviction, and you successfully complete the deferred adjudication, the amendment will not impact you since the statute requires a conviction. 18 U.S.C. § 921(33). Additionally, the conviction element of this statute will not be satisfied if the conviction is expunged, set aside, or the defendant has been pardoned. Id.

What Impact Does the Lautenberg Amendment Have on the Military Defendant?

Prior to the Lautenberg Amendment, 18 U.S.C. § 925(a)(1) provided a military and law enforcement exception to the Gun Control Act. The Lautenberg Amendment contains no similar exception.

What this means for the military defendant that gets a conviction is that his service could be compromised since they can no longer use, possess, or transfer a firearm. This conviction can impact their ability to re-enlist, cause a transfer to a military occupational specialty (MOS) that doesn’t require the handling of firearms, and affect the ability to be deployed. Many servicemembers that receive a domestic violence conviction will be processed for administrative separation.

According to the Supreme Court, What Cases are Considered Misdemeanor Convictions of Domestic Violence?

In Voisine v. United States, the Supreme Court clarified that the federal firearm ban under the Lautenberg Amendment applied to every case where the underlying conduct was an act of domestic violence, regardless of whether the state court made an affirmative finding of domestic violence (or family violence in Texas). This means that persons with misdemeanor convictions anywhere from a Class C simple assault* to a Class A assault with or without a domestic violence finding are banned from using, possessing and transferring firearms if their victim was one with whom they had a domestic relationship.

Voisine v. United States dealt with two domestic violence-related cases from Maine where both defendants’ previous convictions were based on reckless conduct, not intentional or knowing conduct. Thus, they argued that the Lautenberg Amendment didn’t apply to them. The Supreme Court ruled that the firearm ban did apply to them for two reasons:

  1. Reckless use of force is use of force the same as if it was intentional or knowing; and
  2. The legislative history and plain language of the statute lead to such a conclusion.

Looking to the statutory definition of an applicable misdemeanor conviction provided above, there is no specific mental state required. The definition provides that the Amendment applies to any misdemeanor under federal, state, or tribal law that was committed by a person through use of physical force against a victim with whom they have a domestic relationship.

*Class C is the same level as a traffic ticket.

Texas Specific Firearm Bans for Domestic Violence Convictions

In Texas, a person who has been convicted of a misdemeanor involving family violence cannot possess or transfer a firearm or ammunition for 5 years after they are released from confinement or after they have completed and been released from community supervision following the conviction. Tex. Pen. Code § 46.04(b).

The Texas Family Code defines family violence as “an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault.” Tex. Fam. Code § 71.004. Additionally, under Section 22.01 of the Texas Penal Code an assault involving the person’s family or household occurs if the person causes bodily injury to another, threatens a person with “imminent bodily injury,” or causes physical contact with someone that they know or should know would find “offensive or provocative.” From these definitions you can see that a misdemeanor conviction of domestic violence in Texas expands the qualifying convictions beyond those that qualify under the Lautenberg Amendment.

If a person is convicted of a misdemeanor offense of family violence the court must notify them that it is against the law for them to possess or transfer firearms or ammunition. Tex. Code Crim. Proc. art. 42.0131. Additionally, if a defendant decides to enter a plea of guilty or nolo contendere for a misdemeanor involving family violence the court must, before accepting the plea, admonish the defendant with the following:

“If you are convicted of a misdemeanor offense involving violence where you are or were a spouse, intimate partner, parent, or guardian of the victim or are or were involved in another, similar relationship with the victim, it may be unlawful for you to possess or purchase a firearm, including a handgun or long gun, or ammunition, pursuant to federal law under 18 U.S.C. Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any questions whether these laws make it illegal for you to possess or purchase a firearm, you should consult an attorney.”

Tex. Code Crim. Proc. Art. 27.14.

Texas law does not require the defendant to surrender firearms or ammunition once the possession is prohibited. Neither does Texas law specifically authorize or require the removal of firearms or ammunition from the scene of a domestic violence incident.

In short, Texas law provides a prohibition of gun possession for five years after release from confinement or probation in more circumstances than under the Lautenberg Amendment. However, if your conviction is also a qualifying conviction under the Lautenberg Amendment then your right to possess a firearm is indefinitely prohibited. If you find yourself in that situation your only option to restore your firearm rights is to request a full pardon and restoration of civil rights in your pardon paperwork.

Are You Currently FacingDomestic Violence Assault Charges in Tarrant County?

Whether you have already been convicted or are currently facing charges of assault it is extremely important to know the heavy consequences that are attached to convictions where the underlying conduct is considered domestic violence. There are many misconceptions out there on whether federal firearm ban applies to a specific assault case. It is important that you know for a fact whether it applies to you so that you don’t risk violating federal law. If you are facing charges for an offense involving family violence under Texas law, contact our criminal defense team and schedule a free consultation to discuss and determine what consequences you are facing and whether the federal and/or Texas firearm ban applies to you.

Aug 10
Love4
Apple Fake gun Toy Gun Emoji

Is It a Crime to Use a Fake Gun or Toy Gun in Texas?

By Weapons Charges

How Do Toy Guns or Fake Guns Fit Into the Criminal Justice System?

Apple Fake gun Toy Gun EmojiIn the wake of the recent rise in gun violence, Apple made a big announcement last week that the pistol emoji is being replaced with a water gun emoji. It is no secret that 2016 has been a year filled with gun violence from the shootings in Orlando to the police shootings in Dallas. As a result, gun control has become a hot topic.  While Apple has declined to comment on the change, many believe this is a conscious step for gun control advocacy and others believe this change was fueled because of the individuals facing criminal charges for the use of the gun emoji on social media or in text messages. This change poses the questions of whether, in Texas, it is a crime to point a fake gun at someone and whether you can be charged for a deadly weapon offense when you only used a fake gun or toy gun.

Can You Be Charged With A Deadly Weapon Offense For Pointing a Fake Gun or Toy Gun at Someone in Texas?

If you were to point an Airsoft gun out a car window towards a person in another car, would Texas law find that you committed assault or an aggravated assault? It depends. If there is uncontroverted evidence shown at trial that the “gun” used was actually a fake gun or toy gun then you could only be convicted of assault. However, if all that is presented at trial is your testimony that it was an Airsoft gun and the victim’s testimony that he was in fear because he believed it was a real gun, the issue can get more complicated.

Does a Toy Gun Fit Into the Definition of Deadly Weapon?

Under the Texas Penal Code, a defendant may be found guilty of aggravated assault if he “uses or exhibits a deadly weapon” for the purposes of threatening another with imminent bodily injury. TPC §22.01(a)(2) and §22.02(a)(2). The Texas Penal Code’s definition of deadly weapons includes “anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.” To determine whether a fake gun or toy gun could possibly be found as a deadly weapon courts look to the broad definition of a “gun” which may include non-lethal devices. Arthur v. State, 11 S.W.3d 386, 389 (Tex. App.—Houston [14th Dist.] 2000, pet. refused). Such non-lethal devices are BB guns, blow guns, Airsoft guns, and water guns, among others. Id. A lot of these toy guns appear realistic or are easily modified to appear realistic which leads to confusion in a criminal case. So much so that in attempt to be proactive, New York’s gun laws require toy guns to be of bright color in order to avoid such confusion.

“A toy gun is not manifestly designed to inflict death or serious bodily injury.”

If uncontroverted evidence is presented that the “gun” used was simply a toy gun there cannot be a deadly weapon finding because “a toy gun is not manifestly designed to inflict death or serious bodily injury” no matter how realistic it appears to the victim and witnesses. Cortez v. State, 732 S.W.2d 713, 715 (Tex. App. 1987) . When it comes to BB guns and pellet guns it becomes more complicated. In Alonzo v. State, a trial for aggravated robbery, where a store manager was placed in fear when defendant brandished a BB gun, the Court found that there could be no deadly weapon finding because no evidence was produced to show that a BB fired from the gun was capable of causing death or serious bodily injury. Alonzo v. State, No. 07-12-00244-CR, 2014 Tex. App. LEXIS 3703, at *10 n.5 (App. Apr. 7, 2014). However, in Murray v. State, another trial for aggravated robbery, where an expert testified that the BB gun used by defendant was not a firearm but could potentially cause serious bodily injury, as warned in its manual, the court found that this evidence is sufficient to support an aggravated robbery conviction. Murray v. State, Nos. 05-13-00070-CR, 05-13-00084-CR, 05-13-00090-CR, 2014 Tex. App. LEXIS 6201, at *59 (App. June 9, 2014).

Ultimately, when it comes to carrying around toy guns, the best practice is to get one that looks as little like a real gun as possible to avoid any confusion. Because, as case law has shown us, if it looks like a deadly weapon, a court might find it to be a deadly weapon.

Dec 08
Love4
Texas Campus Carry

Explaining the New Campus Carry Law in Texas

By Open Carry

What is the New Campus Carry Law in Texas and What Does it Mean to Me?

Texas Campus CarryWhether you love it or hate it, Campus Carry is coming to a college campus near you, and if you are a CHL holder, you need to know how to comply with the law. After lengthy debates in both houses of the Texas Legislature, Governor Greg Abbott signed Senate Bill 11 (“Campus Carry”) into Texas law on June 1, 2015. Campus Carry will go into effect on August 1, 2016 on the 50th anniversary of the University of Texas sniper shooting— one of the first mass murders on a college campus in the United States.

Who Can Carry a Handgun on a College Campus Under the Campus Carry Law?

Campus Carry permits all Concealed Handgun Licensees who are at least 21 years old, have passed state and federal criminal background checks, have successfully completed a firearms proficiency test and have completed Department of Public Safety-mandated training and education, to carry firearms inside of buildings belonging to public universities and some private institutions of higher education. The new legislation, however, does not mean open carry by anyone, anywhere, any time on all property owned by a public or private university. CHL licensees must take great care to research and to understand the limits of the Campus Carry law and how it impacts the way handguns are carried and stored, or potentially face legal consequences.

Can the Universities in Texas Make Their Own Rules With Campus Carry?

Campus Carry allows institutions of higher education to establish policies governing the storage of handguns by CHLs in dorms and residential facilities. Public universities may also create policies around athletic venues and events, deeming them off-limits to CHL licensees. Under current Texas law, bars, hospitals, churches, and public schools K-12 are off-limits to CHL licensees and will remain off-limits under Campus Carry—and it is important to note that most large public university systems have a teaching hospital, a K-12 practicum experience at public school, a chapel, or are near campus bars. Moreover, schools may create “no-gun zones” or “exclusion zones,” but must provide effective notice about such zones. Therefore, it is extremely important for those with a CHL to know exactly which areas are permitted to have handguns, which are not, and to make plan for storage it if the CHL licensee needs to go into an off-limits area. Students should carefully read their university’s Student Handbook and Campus Code of Conduct for more information.

Campus Carry removes criminal prohibitions in the Texas Penal Code on the possession of concealed handguns by concealed handgun licensees on the campuses. The new law provides institutions of higher education with immunity from liability for actions of CHLs on campus. Campus Carry mandates that an institution of higher education widely distribute the rules to the institution’s students, staff and faculty, including prominently publishing such provisions on the school’s website, and provide effective notice of the areas that are “exclusion zones.” Parents of college students may feel concerned with the new law and campus procedures.

The legislature granted rule-making authority to the presidents of the university system to create campus rules and policies pursuant to S.B. 11, with the only stipulation being that public institutions of higher learning may not “circumvent the intent” of Campus Carry by “imposing administrative bans and sanctions on CHLs on their campuses.” In order to comply with S.B.11, institutions of higher learning must submit a report every other year to the state legislature and to the standing committees that describe the campus rules and policies concerning CHL licensees and the schools must explain the reason the administration has established the provisions. Residents who live in college towns (even if they are not students) should also learn about Campus Carry and the implications of being a CHL at a campus library, sporting event, artistic venue, or even the university hospital.

This is no doubt a very interesting time for policy-making in Texas. Please note that this article is intended for informational purposes only and is subject to change as each public university system and private university determines campus policies based on S.B. 11. This article does not constitute or substitute legal advice. If you need legal advice, please contact our office at (817) 993-9249 for a free consultation.

For more information, see also the full Campus Carry Law, including a Bill Analysis and Fiscal Note or see our Frequently Asked Questions below.

Frequently Asked Questions About Texas Campus Carry

What is Campus Carry?

Campus Carry refers to legislation, Senate Bill 11, signed into law last summer. Campus Carry will make it possible for licensed gun owners, over 21, to carry handguns onto public (and some private) institutions of higher education, in compliance with individual university policies.

When will Campus Carry Take Effect?

Campus Carry will take effect on August 1, 2016—at the beginning of the 2016-2017 academic year.

Do I have to have a Concealed Handgun License (“CHL”) to carry my handgun?

Yes. Campus Carry mandates that all gun owners must:
(1) pass federal and state background checks;
(2) be 21 years old (unless in the military);
(3) complete a firearms proficiency test; and,
(4) complete Department of Public Safety-mandated training and education.

It will be extremely important for every student with a CHL, to know exactly where to go with your handgun and to plan for where you will be able to legally store it if you must go into an off-limits area. Read your Student Handbook and Campus Code of Conduct for more information.

Will Professors be able to carry guns?

Yes. Professors, administrators, faculty, staff and visitors may carry under the Campus Carry law, provided they are in compliance with the law and campus policies.

Does a private school have to follow Campus Carry?

Maybe. Private institutions may establish policies that prohibit CHLs. So far, the following schools have “opted out” of Campus Carry.

  • Rice University
  • Texas Christian University (TCU)

NOTE: This information is subject to change and it is up to each student, to know if your school has opted out.

Can a student at a public university take a gun anywhere on campus?

Not necessarily. Campus Carry allows institutions of higher education to establish policies governing the storage of handguns by CHLs in dorms and residential facilities. The public university may also create policies around athletic venues and events, as off-limits to CHLs. Under current Texas law, bars, hospitals, churches, and public schools K-12 are off-limits to CHLs and will remain off-limits under Campus Carry—and most large public university systems have a teaching hospital, a K-12 practicum experience at public school, a chapel, or are near campus bars. Schools may create “no-gun zones” or “exclusion zones,” but must provide effective notice about such zones.

Fort Worth Criminal Defense Attorneys

Barnett Howard & Williams PLLC is a criminal defense law firm located in Fort Worth, Texas. Our attorneys handle all felony and misdemeanor charges in the Fort Worth, Tarrant County area. If you have questions about this post or need more information about Campus Carry, please contact us at (817) 993-9249.

Sep 19
Love3

Locked and Loaded: What You Need to Know About Texas’ New Open Carry Laws

By Open Carry

Texans love their guns and many folks in Texas are excited about the new “Open Carry” laws that were passed this year. Some people imagine a wild west where handguns are worn on the hips of everyone in town. Other are terrified that gun-related incidents will increase. Well, the new open carry laws do not come without their rules.

With the passage of House Bill 910, beginning January 1, 2016, Texans in possession of a concealed carry license (CHL) will be allowed to openly carry a holstered handgun. While “open carry” sounds simple enough, there is much more to it. This article explains some of the rules that Texans need to know if they plan to openly carry a handgun in 2016.

Who is eligible to openly carry a handgun?

Only CHL holders may open carry. Subchapter H of Chapter 411 of the Texas Government Code sets out the basic requirements for a person to be eligible to apply for a handgun license and openly carry a firearm.

To open carry in Texas, a person MUST:

1) Be a legal resident of the State of Texas for the preceding six months before applying for his or her handgun license;
2) Be at least 21 years of age*;
3) Have never been convicted of a felony;
4) Not be charged with the commission of:
• Class A or B Misdemeanor or equivalent offense
• the offense of Disorderly Conduct or equivalent; or
• a felony offense;
5) Not be a fugitive from justice for a felony, Class A or B Misdemeanor or equivalent offense;
6) Not be a chemically dependent person;
7) Not be incapable of exercising sound judgment with respect to the proper use and storage of a handgun;
8) Have not, in the prior five years before applying, been convicted of a Class A or B Misdemeanor or equivalent offense or of the offense of Disorderly Conduct or equivalent offense;
9) Be fully qualified under applicable federal and state law to purchase a handgun;
10) Have not been finally determined to be delinquent in making child support payments or collected by the attorney general;
11) Have not been finally determined to be delinquent in the payment of taxes or other money collected by the State;
12) Not be currently restricted under a court protective order or subject to a restraining order affecting the spousal relationship, other than a restraining order solely affecting property interests;
13) Have not, in the 10 years preceding the date of application, been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony; or
14) Have not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 411.174. (Perjury).

*The age restriction is lowered down to 18 for honorably discharged military veterans who meet all other qualifications.

What types of firearms can be openly carried in Texas?

Currently, under Texas Penal Code Section 46.03, a person cannot carry, either openly or by concealment, a handgun unless that person is on the person’s own premise or inside of a motor vehicle that is owned or under the person’s control (the weapon must still be concealed if carried in a vehicle under 46.03 (a-1)). There is no language in Texas Penal Code 46.03 regarding firearms other than handguns. Therefore, there are no laws prohibiting openly carrying rifles and shotguns (subject to the “where” restrictions to be addressed below). The exception to Texas Penal Code 46.03 is that the provision doesn’t apply to those in possession of a license issued under Subchapter H, Chapter 411 of the Texas Government Code.

In addition to carrying a concealed handgun under Subchapter H, the new House Bill 910 now grants the opportunity for Texans in possession of a concealed carry to openly carry a holstered “handgun.” A “handgun” is defined by Texas Penal Code 46.01 (5) as “any firearm that is designed, made or adapted to be fired by one hand.” Shotguns can be openly carried now in addition to holstered handguns as long as a person is in possession of a license granted under Subchapter H, Chapter 411 of the Texas Government Code.

How can handguns be openly carried?

Use a holster. Under Texas Penal Code 46.15(b) (6), a person carrying a valid CHL may carry a handgun either in a concealed manner or in a shoulder or belt holster. Under these new provisions, if the handgun is carried any other way, a person would be unlawfully carrying the handgun.

Where can handguns be openly carried?

In general, even if a person possesses a CHL, Texas Penal Code 46.03 strictly prohibits the carrying of a handgun or firearm from the following places:
1) School or educational institutions;
2) An election site during regular or early voting;
3) Government or court offices;
4) At a racetrack;
5) Airports (in the restricted section); or
6) Within 1,000 feet of premises of an execution site on the day of an execution.

In addition to the locations listed above, Texas Penal Code 30.06 prohibits individuals, and creates a criminal offense of trespass, for those who hold a license to carry a handgun when notified that their presence on the property with a handgun is expressly forbidden. To provide notice, a property owner must display written notice on the property that specifically complies with the notice requirements of Texas Penal Code 30.06.

With the new Open Carry law, those that wish to prohibit others from carrying a handgun on their premises, must also post a notice in accordance with section 30.07 of the Texas Penal Code.  This notice is in addition to the 30.06 sign.

Conclusion

The term “open carry” has been loosely thrown around as new legislation has been debated and ultimately passed regarding openly carrying handguns. It is important to remember that “open carry” isn’t a free-for-all regarding handguns. “Open Carry” is still highly regulated and a person considering openly carrying a handgun should be familiar with all of these new laws and regulations, so that they do not end up needing our services.

Luke Williams is a criminal defense attorney with Barnett Howard & Williams PLLC in Fort Worth, Texas.

Barnett Howard & Williams PLLC
500 Main Street, Suite 610
Fort Worth, Texas 76102
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