The second amendment in the Constitution of the United States says, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” That being said, each state has its own interpretation and laws about how someone can exercise this right. To remain within the law, it is important to know what the state’s gun laws are. Being in violation of this law can have drastic and costly consequences.
Gun Laws in Texas
Texas is one of the rare states to have more flexible gun laws than most other states. However, that does not mean that Texas is without its regulations on them. Texas has laws from purchasing to proper storage, especially around children. There are laws about which firearms are unlawful to own, the definitions of different types of firearms, and criminal offenses in relation to carrying, buying, and selling firearms.
Purchasing/Selling and Owning a Firearm-Selling a firearm is illegal if the person is aware the buyer might use it for harm. No one under the age of eighteen is legally allowed to purchase a firearm, and it is the duty of the seller to ensure that the buyer is of age. If the buyer is intoxicated in any way, shape, or form, the seller is legally obligated to turn down the buyer.
When purchasing a firearm, the buyer has to undergo a background check. This background check will indicate any crimes that have been committed. According to the law, a person can not purchase a firearm if the person has been ordered by the court to receive inpatient mental health services. A person is also not permitted to purchase a firearm if been acquitted due to insanity or lack of mental responsibility.
Carry Laws-As of September 1st, 2021, the people of Texas are legally allowed to carry handguns openly without a license to carry (LTC). However, there are still parameters that citizens must follow.
- They must be 21 years or older.
- They must not have prior felony convictions.
- They must not have any recent convictions for specific misdemeanors.
- They must not have an unexpired protection order against them.
- They must be legally allowed to own a firearm.
- They must not be intoxicated.
Consequences for Unlawful Possession of a Firearm
Like anything else, there are consequences for breaking firearm laws. Someone who is unlawfully carrying a firearm could be charged with a Class A misdemeanor. This can mean up to twelve months in jail and a fine of up to $4,000. However, the punishment for this crime can also be up to ten years with a $10,000 fine if it is charged as a third-degree felony, depending on the circumstances.
As mentioned above, it is illegal for a convicted felon to purchase a weapon. More specifically, it is illegal for a convicted felon to be in possession of a firearm within five years of their conviction.
Owning a firearm illegally can send you to jail, but that doesn’t mean you have to stay there while you prepare your case. No matter what the charge is, everyone is supposed to remain innocent until proven guilty. So if you or a loved one has been charged and put in jail in or around the Houston area due to weapons or firearm charges, you can count on ASAP Bail Bonds to release you from jail until your trial date. Depending on the circumstance, you may need a federal bail bond. Call us and we will assist you.