In Texas, possession and sale of firearms is regulated by gun laws. If you want to possess a handgun, you need to have a license issued by the Texas Department of Public Safety. If you don’t have a licence you can still possess a gun, but you cannot keep it in the open. You can carry it in your vehicle. This law is for the whole of Texas; so, local county governments do not have any power to further restrict the sale or possession of guns. Moreover, the Texas law mirrors the federal law for regulation of sale and possession of firearms. So, there is no restriction on possession of firearms in terms of age. However, it does have a few restrictions on the possession of firearms. Let’s discuss those restrictions.
Possession of firearms is unlawful in Texas, if the person is –
• A convicted felon
A person convicted for felony is barred from possessing a firearm according to Texas law. If such a person is caught possessing a firearm, charges of unlawful possession of a firearm are framed against the person. Since felony has a pretty wide definition, people convicted of assault or any other serious crime are advised not to display a firearm when you are out.
• Convicted of family violence
A person convicted of intentionally threatening his family member or members with imminent bodily injuries or causing physical contact with a family member; or members where it can be reasonably believed that the contact is provocative or offensive. This is a sub-clause of under Class C assault Texas Penal Code in chapter 22 dealing with assaultive offences under the title offences against a person.
• Covered under a family violence protective order
A victim of stalking, violence or sexual abuse including family violence can apply for a court order restricting the abuser from getting access to you. If an abuser, against whom the court has issued a protective order to protect one or many of his family members, gets a firearm, the outcome can be really disastrous. So, such a person is barred from having a firearm. If he does procure one, he would be considered to be in unlawful possession of a firearm. A protective order is targeted against the abuser. It orders the abuser to –
o Not to threaten, hurt, or harass the spouse, children, or other members of the family directly or through an accomplice;
o Stay away from members of the family at all times. So, the person is barred from getting access to the concerned family members at their home, workplace, as well as school or children’s day care centre;
o Not to carry a gun, even when the person has a license.
Final Word
It is easy to get a firearm in Texas, but if you are covered by any felony charge, any of the three above mentioned charges or are a drug addict, you are not permitted to have a firearm. In some cases, you are not entitled to have a firearm even when you have a license.
