Fort Worth Firearms Lawyer (2023)

Firearm crimes are crimes committed with firearms. Firearm crimes can include: theft, sex crimes, assault, etc. Any crime involving the use of firearms can be considered a firearms crime.

In Fort Worth, gun crime is directed by theTexas penal code.Chapter 46 of the Texas Penal Codeprovides for crimes related to the use and possession of firearms and the punishment for each of these crimes. They include:

Illegal carrying of weapons– a person commits this crime when he intentionally and recklessly carries a firearm. A person found guilty of this crime will be punished as a Class A misdemeanor, Class C misdemeanor, Second Degree felony or Third Degree felony, depending on certain factors such as the age of the person, where the person with the gun was found, etc. .

Places where weapons are prohibited- There are certain locations where weapons are strictly prohibited in Fort Worth, these locations are provided for in Chapter 46 of the Texas Penal Code; School or educational institution, an election day polling station, government court facilities or offices used by courts, racetrack facilities, airport security perimeters, 300 meters around any property located in a location designated by the Texas Department of Criminal Justice as an enforcement place (Chapter 43 of the Texas Penal Code) is any place of business licensed under Chapter 25, 28, 32, 69, or 74Code for alcoholic beveragesor any place of business that earns 51% or more of the profits from the sale of alcoholic beverages for consumption on the premises (Texas Liquor Commission), a venue where a professional or high school sporting event is held, unless the person is a competitor and the event involves the use of a weapon, on the premises of a civilian detention center, on the premises of a correctional facility, on facilities of a hospital or licensed care center underChapter 241 of the Health and Safety Act, on the grounds of a psychiatric hospital, an amusement park, any room where a meeting of a government agency is being held, unless the meeting is public and prior notice has been given.

This felony may be classified as a Class A misdemeanor, a Class C misdemeanor or a third degree felony.

Illegal possession of a firearm by license holder– A licensee may be held liable for unlawful possession if he carries his firearm in any manner or place prohibited by the Texas Penal Code. This offense may be classified as a Class A misdemeanor or a third degree felony.

prohibited weapons- a person commits this offense by manufacturing, possessing, transporting, repairing, or selling any firearm prohibited by the Texas Penal Code, including; B. An explosive weapon, machine gun or short-barreled firearm, armor-piercing ammunition, chemical delivery device, zip gun, tire deflator, and improvised explosive device.

This offense is classified as a third-degree felony, except in the case of a tire deflation device, which is considered a state prison felony.

Illegal transfer of certain weapons- a person is guilty of this offense if he hands a firearm to the following persons; a person who intends to use a weapon illegally or in the commission of an illegal act, a child under 18 years of age, a person who is drunk, a person convicted of a crime and a person without active protective measure.

This felony is classified as a class A misdemeanor.

Making a firearm accessible to a child– A child under this section of the Texas Penal Code is a person under the age of 17. A person is guilty of this offense if he leaves an easily discharged firearm where a child can access it. This offense is classified as a Class C offense unless the child used the weapon to harm himself or someone else, in which case it would be classified as a Class A offense.

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arms smuggling- A person is guilty of this offense for conducting business involving the transportation or transfer of firearms in violation of Texas state law. This crime is classified as a third degree felony. However, if there were two or more firearms involved, this would be classified as a second degree felony.

Other gun crimes, as specified in the Texas Penal Code, include: illegal possession of a firearm, interstate purchase of firearms, and possession of explosive components.

How many firearm crimes are committed with a legally purchased firearm in Fort Worth, Texas?

ANDTexas Department of Public Safetyis an official department of the Texan government with primary responsibility for educating Texans about public safety, enforcing the law, protecting the community, preventing crime, and apprehending criminals.

The Texas Department of Public Safety provideda 2020 statistic of the number of crimes committed by a gun licensee in Texas.The numbers are as follows:

Of a total of 26,304 recorded convictions, the following were committed by a firearm license holder; 1 of 107 Aggravated Assaults against an Officer, 1 of 294 Aggravated Assaults involving Aggravated Assault, 4 of 1,441 Aggravated Assaults with a Deadly Weapon, 2 of 794 Aggravated Robberies, 1 of 44 Aggravated Sexual Assaults, 7 of 409 Aggravated Sexual Assaults (Child), 10 of 3,885 assaults involving physical harm, 17 of 8,232 assaults involving physical harm (family member), 2 of 878 assaults on family members with respiratory distress, 1 of 1,499 assaults on family members, 12 of 427 fatal acts, 1 of 147 behavioral harms (dispensing with firearms), 8 of 178 indecency against children (sexual behavior), 2 of 372 injuries to children/elderly/disabled, 4 of 43 records of invasive visual injuries, 1 of 3 gun access to child, 3 of 143 murders, 1 of 33 prohibited weapons, 1 of 49 prohibited weapons ankle, 1 of 42 ongoing sexual abuse of a child (Op for under 14s), 2 of 108 sexual assaults, 11 of 364 sexual assaults involving a child s, 2 out of 579 fear of terrorism, 1 out of 641 fear of family terrorism, 5 out of 13 illegal carrying a pistol and 13 out of 1049 illegal carrying a weapon.

This resulted in a total of 114 convictions by gun license holders and a percentage of 0.4334% of the total number of convicted crimes in Texas in 2020.

Who can own a gun in Fort Worth, Texas?

The Texas State Library of Laws on Possession and Possession of Firearmsstipulates that the following groups of people may carry a firearm:

▪ A person who is at least 21 years old.

▪ A person who does not have a criminal record as described in Chapter 46 of the Texas Penal Code.

▪ A person who has not recently been convicted of certain types of misdemeanors as described in Chapter 46 of the Texas Penal Code.

▪ A person who may not be subject to a current protective order under the Texas Penal Code.

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▪ A person not prohibited from possessing a firearm by federal law, as defined in Chapter 18 of the United States Code.

▪ A person cannot be intoxicated, except in certain situations described in the Texas Penal Code.

The new Texas law also states that anyone prohibited by federal or state law from carrying a firearm cannot own a gun.

The Gun Control Act of 1986it also provides for a category of people who are prohibited from owning a gun in the United States. They include:

▪ Criminal (any person convicted of a crime punishable by imprisonment for more than one year).

▪ Escape from justice.

▪ An illegal user or addict of a controlled substance.

▪ A person who has been determined to have a mental defect or who has been committed to a psychiatric institution.

▪ A person admitted to the United States on a nonimmigrant or illegally resident alien visa.

▪ A person dishonorably discharged from the Air Force.

▪ A person who has renounced US citizenship.

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▪ A person convicted by a court of a crime of domestic violence.

▪ A person subject to a court order prevents you from harassing, stalking or threatening your intimate partner.

The Gun Control Act 1986 also applies to those involved in the firearms business, such as importers, manufacturers and dealers. These individuals are known as Federal Firearm Licensees and must obtain a license from the federal government, pay an annual fee, and meet the following requirements:

▪ You must be at least 21 years old.

▪ You must have a place to conduct business and that place must comply with security regulations.

▪ Once licensed, they must register and report all firearms and identify them by serial number.

▪ A state firearms licensee must meet all requirements or risk losing their license.

To become a licensed gun owner in Texas, the following items are required:

▪ Valid driver's license or identity card.

▪ Demographic, address, contact, and current employment information.

▪ Housing and employment information for the last five years (applies to new users).

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▪ Information about psychiatric, drug, alcohol, or crime history.

▪ Valid email address and valid credit card.

It should be noted that all fees paid to obtain a gun license are non-refundable.

What happens if my gun is stolen and used in a crime in Fort Worth, Texas?

If a weapon is found at a crime scene or a firearm is used in the commission of a crime, it is the duty of theBureau of Alcohol, Tobacco, Firearms and Explosives (ATF)trace the gun back to its manufacturer or licensee, who may be held responsible for the crime. However, it is advisable to report a case of gun loss or theft to any local law enforcement agency, such as:Fort Worth Police Departmentbefore the weapon is used to commit a crime.

How many times is a gun used to stop a crime in Fort Worth, Texas?

When a weapon is used to deter a criminal act, it is called defensive weapon use. Defensive use of weapons occurs when a person or a police officer uses a weapon to prevent a person from committing a crime or causing harm or injury.

National Crime Victimization Survey (NCVS)is the leading source of information on criminal victimization in the United States.they appreciated65,000 incidents of defensive weapons use in the United States between 1987 and 1990.

Consequences for immigrants with firearms convictions

An immigrant or alien convicted of a firearms offense in the United States would be removed from the state or arrested for the crime.The degree of the firearm offense determines whether the immigrant faces deportation or imprisonment for the crime. If an immigrant is convicted of buying, selling, possessing or possessing a firearm or destructive device in violation of any law, he/she will be deported pursuant to United States Code.

The United States Code also states that any form of illicit trafficking in firearms, destructive devices, or explosive materials is a crime and may result in deportation from the United States.

In the event of arrest, the United States Code provides that any immigrant convicted of multiple firearm-related offenses is subject to mandatory imprisonment.

Gun and Firearm Injury Lawyers in Fort Worth

If you are accused of a firearms violation in Fort Worth, the services of a firearms defense attorney will be required. A firearms defense attorney specializes in representing a person accused of a firearm injury or firearms crime and providing possible defenses for the accused person.

A rape defense attorney's job begins with an interview with his client and other witnesses to the case. The defense attorney also reviews the evidence against his clients and assesses how strong or weak the evidence could be used against them. Finally, the defense attorney can examine the weaknesses of the evidence and propose a possible defense to his client.

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Defense for weapons charges in Fort Worth, Texas.

When a person is convicted of a firearms violation, some of the possible defenses can be used:

  • Self-defense– This is the most common defense in cases of firearm crimes. For example, a defendant may claim that he was forced to use the weapon to protect himself from harm. Self-defense comes into play primarily when someone's life or property is threatened and someone else is harmed in trying to protect it. Self-defense can be intentional or unintentional. Chapter 9 of the Texas Penal Code provides for the proper use of the defense to protect yourself.
  • second change- This defense is consistent with the provision of the US Constitution that grants individuals the right to bear arms. A defendant can use this Constitutional provision to his advantage and defense when charged with a firearms offense.
  • I don't know property– A person accused of a firearms offense may insist that he was unaware of the weapon in his possession or that there was a possibility that he was being framed.

Weapon Upgrade Defense

If a person is convicted of a crime, the sentence may be increased or aggravated if a firearm or firearm was used in the commission of the crime. For example, a person convicted of assault may receive an additional prison sentence if the assault was carried out with a firearm. Some of the defenses that can be brought forward in the case of a weapons enhancement charge include:

  • search illegal- This defense is consistent with the Fourth Amendment provision of the United States Constitution. The regulation protects people from unreasonable and illegal searches. A person facing a gun enhancement charge can remove the burden of proof by showing that the evidence was obtained through an illegal search.
  • Alibi- This defense establishes that the accused was not in the vicinity of the crime scene when the crime was committed. This defense can be used for most criminal charges. The accused person can also prove that he was in a different place at the time of the crime.
  • The weapon was not used– A person facing a weapon increase charge can show that no weapon was used in the commission of the crime in order to avoid further punishment.

Finally, an accused person can negotiate a settlement with the prosecutor. A plea deal is an agreement between the prosecutor and the accused under which the accused agrees to plead guilty to the charges against him in order to receive a reduced sentence.


Can you buy a gun if you have a Class B misdemeanor in Texas? ›

You can still buy a gun in Texas if you have not had a felony conviction and are not currently charged with a Class B or Class A misdemeanor, or any criminal charge that could result in jail time of more than a year.

Can a felon get his gun rights back in Texas? ›

Restoring Your Gun Rights in Texas

In Texas, a person convicted of a felony may not purchase or possess a firearm. Firearm rights are automatically restored 5 years after release from confinement or probation. However, the individual may only possess a firearm on the premises where the individual lives.

Can you carry a gun in your car near Fort Worth TX? ›

Last updated September 15, 2021 . Texas has no laws regarding the carrying of long guns (rifles or shotguns) in motor vehicles.

Can I purchase a gun with a Class A misdemeanor in Texas? ›

Under Texas law, anyone convicted of a Class A domestic violence misdemeanor cannot have a gun for 5 years following his/her release from jail/ prison or community supervision.

How many guns can you own in Texas? ›

What Number of Guns Can Texas Residents Own? Texas has no specific laws restricting how many guns you can legally own in this state, according to the Texas State Law Library. Also, federal law doesn't specifically limit how many guns can be legally owned.

What disqualifies you from getting a concealed carry permit in Texas? ›

A number of factors may make you ineligible to obtain a license, such as: felony convictions and some misdemeanor convictions, including charges that resulted in probation or deferred adjudication; pending criminal charges; chemical or alcohol dependency; certain types of psychological diagnoses protective or ...

How many firearms can a felon own in Texas? ›

Under federal law, a convicted felon can never legally own a gun under any circumstance – even if they can only keep on in their home, as Texas law provides. Federal law supersedes state law, so convicted felons in Texas who insist on owning a gun are taking a potentially significant risk.

Can a felon live in the same house with someone who owns a gun in Texas? ›

As a convicted felon you cannot own or possess a firearm. Even though the firearms may not be yours, if you are residing in the household with those firearms then arguably you are possessing them.

Can a felon ride in a car with someone that has a gun in Texas? ›

Constructive Possession Applies

In legal terms, it means the person who is the felon can ride in a vehicle with someone who is a legal gun owner and user in Texas as long as the felon isn't holding or using the gun.

Is it illegal to have a bullet in the chamber in Texas? ›

The straightforward answer is yes, it's legal to have a bullet in the chamber of your gun in Texas, which is often referred to as “one in the chamber.” The stipulation is that you'll either need a license to carry a handgun (also known as a license to carry) or meet the eligibility requirements for permitless carry.

Do you need a holster to open carry in Texas? ›

Handguns. People in Texas carrying a handgun that is partially or wholly visible must carry it in a holster. Before the law changed in 2021, people in Texas needed to have a license to openly carry a handgun and they needed to carry their handgun in a "shoulder or belt holster."

Can I conceal carry in Walmart in Texas? ›

Can I carry a concealed gun in Walmart in Texas? Texas became an open carry state in 2016, allowing people to openly carry firearms in public. Walmart operates 591 stores in Texas, the most of any state. Walmart also said it isn't changing its policy toward customers with permits for concealed carry of weapons.

What disqualifies you from buying a firearm in Texas? ›

Texas & Federal Laws

It includes various restrictions on: those under age 18, those convicted of a felony, those with an active protective order against them, and those who are intoxicated. This chapter broadly regulates many aspects of sales, purchase, and possession of firearms.

Can a felon be around a person with a gun? ›

Generally speaking, felons are still allowed to associate with or be around someone who owns a gun. However, this can be complicated if the gun itself is around, or if the person who owns the gun lives with the convicted felon.

What happens if you get caught with a ghost gun in Texas? ›

Last updated September 16, 2021 . Texas has no law restricting untraceable firearms, also known as “ghost guns,” or undetectable firearms.

How many acres do you need to shoot in Texas? ›

Most of Texas counties require a minimum of 10 acres to legally hunt or discharge a firearm. There is no statewide mandate but the state has given counties and local jurisdictions the right to establish and enforce 10 acre minimums in the interest of public safety.

How many rounds of ammo can you own in Texas? ›

There is no limit on the amount of ammunition you can purchase or possess in the State of Texas. Like most savvy consumers, gun owners benefit from buying ammo in bulk, and there isn't a law preventing Texans from doing so.

Can you carry 2 pistols in Texas? ›

Although it's legal to carry two guns in Texas, this doesn't mean you should do so without caution. There are actions to avoid, such as placing the pistols in the same location on your body or within your vehicle.

Can I carry my gun without a concealed carry permit in Texas? ›

Beginning September 1, 2021, HB1927 made it legal in Texas for most people 21 or over to carry a handgun in a holster without a permit both openly and/or concealed. This law modified the previous open carry law from 2016 by eliminating the requirement to have a license to carry.

Can you conceal carry in a Texas bar? ›

Under Texas law you cannot carry a firearm into a bar. You'll know it's a bar because bars are required by the Texas Alcoholic Beverage Commission to post 51% signs indicating that the establishment derives more than 51% of its revenue through the sale of alcohol for on-site consumption.

What places can you not conceal carry in Texas? ›

Places in Texas Where It's Illegal to Carry a Gun

wherever sporting events are being held (whether professional, school, or interscholastic) at businesses that get more than half of their income from on-premises sale of alcohol. at hospitals and nursing homes. at polling places during elections or early voting.

How long does a felony stay on your record in Texas? ›

Class C misdemeanor, 180 days from the date of your arrest. Class A or B misdemeanor, one year from the date of your arrest. Felony, three years from the date of your arrest.

How do I get a full pardon in Texas? ›

A: An application must be submitted to the Clemency Section. To obtain an application, you may download from our website or contact the Clemency Section @ (512) 406-5852 from 8:00 a.m. to 5:00 p.m. Monday through Friday.

Can a felon carry a knife in Texas? ›

Convicted felons may possess daggers, dirks or stillettos in his or her residence, but may not carry them in cars or in public. The other weapons cannot be owned.

What felons can't do in Texas? ›

In Texas, convicted felons are not allowed to hold any public office position. In addition to public office, employment may be restricted in some professions, such as law enforcement, teaching, and career fields requiring professional licenses.

What professional license can a convicted felon get in Texas? ›

Other fields such as real estate, pharmacology, and even cosmetology, require professional licensing which is not available to felons. One high-paying career that a felon can get a professional license for is truck driving. You will have to attend a truck driving school and get your CDL.

Are ghost guns legal in Texas? ›

Is it illegal to sell a ghost gun in Texas? In Texas, it is illegal to sell a ghost gun without a license from the ATF. FFLs need to comply with the requirements outlined above.

Can a felon live in a house with a gun in Tennessee? ›

A person who has been convicted of any felony under Tennessee law is prohibited by federal law from possessing any firearm unless that person has obtained a complete restoration firearms rights under state law.

Can a felon hunt in Texas? ›

Can a felon hunt in Texas? In Texas, convicted felons may obtain a hunting license, but the types of weapons they may use are currently restricted. State and federal laws prohibit them from possessing hunting weapons such as centerfire and rimfire rifles, shotguns, and handguns.

What happens if a felon is caught around a gun? ›

A felon charged with possession of a firearm may face a prison sentence of up to 25 years, depending on the felony class. As with other crimes, the more prior felony convictions a person has, the longer the prison sentence prosecutors will seek.

What misdemeanors disqualify you from owning a gun in Texas? ›

Texas and Federal Restrictions on Gun Possession

have been convicted of a felony (any crime with a potential punishment of more than one year in prison) or a domestic violence misdemeanor, regardless of the release date from incarceration.

How bad is a Class B misdemeanor in Texas? ›

Class B Misdemeanor: Penalties include a fine of no more than $2,000 and/or up to 180 days in a county jail. Examples of Class B misdemeanors include theft of property valued at $100 but less than $750, drunk driving, possession of up to 2oz of marijuana, making terrorist threats.

Does a Class B misdemeanor stay on your record in Texas? ›

In Texas, a Class C Misdemeanor may be removed from a person's record or “expunged” 180 days after the date of the person's arrest. Class A and Class B misdemeanors may be expunged after one year from the date of the arrest.

What happens with a Class B misdemeanor in Texas? ›

Under Texas's laws, a Class B misdemeanor is punishable by up to 180 days in jail, a fine of as much as $2,000, or both. For example, possession of up to two ounces of marijuana is a Class B misdemeanor.

What makes you unable to own a gun in Texas? ›

Texas & Federal Laws

It includes various restrictions on: those under age 18, those convicted of a felony, those with an active protective order against them, and those who are intoxicated. This chapter broadly regulates many aspects of sales, purchase, and possession of firearms.

Can a non convicted felon buy a gun in Texas? ›

Felony Firearm Possession Laws in Texas

In fact, federal firearm possession laws clearly stipulate that no felon, regardless of how much time has transpired from his or her sentence end date, can own or possess a firearm.


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