Throughout the past year, gun sales soared. However, gun laws often differ state-by-state and are especially unique in Texas. It is important for gun owners to know and understand gun laws in Texas to avoid any confrontations with the law. Read on for an overview of gun laws in Texas

Firstly, a person must meet the following requirements to purchase a gun:

Be at least 21 years old
Not have a prior felony conviction (Texas Penal Code Section 46.04)
Not have a recent conviction for certain types of misdemeanors (Texas Penal Code Sections 02 and 46.04)
Not be subject to an unexpired protective order (Texas Penal Code Section 46.04(c))
Not be restricted from possessing a firearm under federal law (18 United States Code Section 922(g))
Not be intoxicated, except in certain situations (Texas Penal Code Section 46.02(a-6))

Potential gun owners should be aware that Texas recently passed several new gun laws. For instance, Texas passed a permitless carry or constitutional carry law. This law removed the requirement for a license to carry a handgun in Texas. It also removed the requirement for gun safety training.

This law built out Texas’s “Open Carry” law, which allows you to carry your gun in public. If you carry a gun on your person, the gun must be in a holster, but does not have to be a shoulder or belt holster. However, there are exceptions to this law. Gun owners are permitted from having it on private property, schools, or college campuses, in their vehicles, or in the following places:

A polling place while voting is taking place
A government meeting open to the public
A courthouse, except when specifically authorized to do so
A place where a high school, collegiate, or professional sporting or an interscholastic event is being held
A racetrack
A correctional facility
An access-controlled airport terminal
An amusement park
A bar

The Texas law does not apply to “Long Guns,” such as a rifle, and only knowingly applies to handguns.

If found in violation of these rules and regulations, you could be charged with unlawful possession of a firearm. This charge can be applied under the following circumstances:

If your firearm is in plain view
If you commit a crime while carrying a firearm
If you carry a firearm with you despite a court order prohibiting you from doing so
If you are associated or affiliated with a criminal gang

This charge is usually classified as a misdemeanor and can result in a charge of up to a $10,000 fine and a 10-year jail sentence.

In more serious cases, could be charged with criminal possession of a firearm and can be levied:

If you own or carry a firearm after being served with a restraining order
If you were convicted of domestic assault and if you own or carry a firearm within five years from the date your sentence was discharged
If you were convicted of a felony and if you own or carry a firearm within five years from the date your sentence was discharged
If you were convicted of a felony and if you own or carry a firearm at a different location – other than your residence – irrespective of how long it has been after your sentence was discharged

This is a third-degree felony and can result in serious fines and jail time.

Part of preparing to own a gun is having a plan for if things go awry. If you find yourself in trouble due to gun possession charges, contact Gustitis Law. Steve Gustitis is a Texas Board Certified Criminal Defense Attorney and gun possession lawyer practicing in Bryan-College Station, Texas with flexible hours to accommodate your schedule. He has more than 28 years of experience in the field of criminal law and criminal defense in Brazos County.