Weapons & Firearm Charges

By Jeff Kennedy

Fort Worth Weapons & Firearm Charge Defense Lawyer

Firearm charges and convictions can severely impact your life. Increase your chance of avoiding the negative impacts of a weapons conviction by working with a Fort Worth firearm violation attorney.

Are you or someone you know facing a firearm charge in Fort Worth TX?

It’s true that In Texas, almost anyone can possess a firearm, but you can also get into trouble very easily if you aren’t aware of Texas gun laws. Specifically how, when, and where you can carry a weapon. Certain places do not allow firearms, and certain laws regulate the ways you can carry firearms. You can face criminal charges if you fail to abide by Texas’ firearm laws. 

If you’ve been charged with a firearm violation at the DFW airport, Dallas Love or anywhere in Fort Worth and Tarrant County, it’s important to work with a Fort Worth firearm charge lawyer from the Law Offices of Jeff C. Kennedy. Penalties for firearm crime convictions can severely impact your future by leaving you with jail time, hefty fines, and an inability to legally own a firearm.

Your criminal history can also be greatly impacted by a charge of this nature, and that could mean lost employment opportunities, embarrassment for you and your family, and stricter penalties down the road if you’re convicted of another offense. 

Texas Firearm & Weapons Laws

Firearm laws vary widely from state to state, so you need read up on the firearm laws in Texas before carrying a firearm. Many times, people are arrested for firearm crimes, and they didn’t even know they were doing anything wrong. If you own a weapon, its your responsibility to educate yourself on Texas Laws pertaining to firearms and weapons. 

As September 1st, 2021, a license to carry is no longer needed for Texans who want to conceal carry their firearm in most public spaces. However, fines and penalties have substantially increased if any laws are broken pertaining to firearms. 

The following is a list of some of the major firearm violations people are charged with in the state of Texas.

  • Unlawfully Carrying a Weapon or Firearm – Under Texas law, you are prohibited from carrying a firearm in these circumstances without a specific license: if it’s in plain view, if you are engaged in criminal activity, if you are prohibited from carrying a firearm, or if you are a member of a criminal street gang.
  • Unlawful Carrying of a Handfirearm by License Holder – Even when you have a license to carry a handfirearm under Texas law, you still have to abide by certain rules. You can’t display your handfirearm in certain circumstances and you can’t carry it in prohibited places such as the airport.
  • Unlawful Possession of a Firearm – Certain people do not have the right to carry firearms; if you’ve been convicted of domestic violence within the last five years or if you have been convicted of a felony, you are not allowed to carry a firearm.
  • Unlawful Transfer of Certain Firearms – When you sell or transfer a handfirearm or other firearm to a person that you know intends to use it in an unlawful manner, you might have committed a crime. Also, you can’t sell or transfer to intoxicated individuals or minors.
  • Making a Firearm Accessible to a Child – You’ve potentially committed this offense if you haven’t taken steps to properly secure your firearm. When you leave a firearm out and a child gets ahold of it, you can be prosecuted for this weapons crime.
  • Firearm Smuggling – You could be accused of committing this crime if you are knowingly involved in the business of transferring and selling firearms (usually for a profit) in direct violation of Texas law and without the proper licenses. 
  • Texas Penal Code §46.05 states: A person commits the offense of possession of a prohibited weapon if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
    • an explosive weapon;
    • a machine gun;
    • a short-barrel firearm;
    • a firearm silencer;
    • a switchblade knife;
    • knuckles;
    • armor-piercing ammunition;
    • a chemical dispensing device; or
    • a zip gun.

Texas Gun Laws Updated September 1, 2021

Here is a synopsis of the new laws passed in Texas which go into effect September 1, 2021.Texas has joined 19 other states as permit-less carry and constitutional carry laws.

  • House Bill 1927: Permit-less or constitutional carry, which allows Texans to carry handguns in public without a license, background check, and training that a license requires.
  • House Bill 2622: The “Second Amendment Sanctuary State Act,” which prohibits state agencies and local governments from enforcing new federal gun rules.
  • House Bill 1500: This bill prevents government entities from banning the sale and transportation of firearms + ammunition during a declared state disaster or emergency.
  • House Bill 957: Firearm suppressors are exempt from federal laws and regulations if they are made and remain in Texas.
  • House Bill 1407: Allows license holders to carry a visible or holstered handgun in a motor vehicle instead of being forced to wear the handgun in a shoulder or belt holster.
  • House Bill 1387:  This bill Allows foster homes to store ammunition and guns in the same locked location together, instead of being required to be stored separately.
  • House Bill 1069: First responders are allowed to carry handguns.
  • House Bill 2112: Removes the requirement that handguns must be carried in a “shoulder or belt” holster, expanding what kinds of holsters are legal.
  • House Bill 103:  A statewide active shooter alert system has been created.
  • House Bill 4346: Prohibits certain firearm restrictions on a property during the use of an easement.
  • House Bill 29: Allows state-owned public buildings to provide self-service weapon lockers.
  • House Bill 1920: This bill clarifies and expands upon what constitutes a secured area in an airport related to possession of a firearm.
  • House Bill 2675:  Texas Department of Public Safety is required to expedite the handgun license process for individuals “who are at increased risk of becoming victims of violence.”
  • House Bill 918: Ages 18-20 are now eligible for a license to carry a handgun if protected under specific family violence court orders.
  • House Bill 781: Junior college school marshals are allowed to carry concealed handguns instead of storing them off their person.
  • Senate Bill 741: School marshals in public school districts, private schools, and open-enrollment charters, are allowed to carry concealed handguns instead of having to store them off their person.
  • Senate Bill 20: Hotel guests can now carry and store firearms + ammunition in their hotel rooms.
  • Senate Bill 19: This bill specifically prohibits government entities from contracting with businesses who make a politicol stance against or “discriminate against the firearm or ammunition industries.”
  • Senate Bill 162: Known as the “lie and try” bill, this bill makes it a state crime to lie on a background check in order to illegally purchase a firearm.
  • Senate Bill 550: The requirement that handguns must be carried in a “shoulder or belt” holster has been removed and expands on what kind of holsters are legal.
  • Senate Bill 313: A sales and use tax exemption has been created for firearm safety equipment.
  • Senate Bill 168: Schools are now required to use best practices during active shooter drills,  with a goal of being less harmful to students mental health and wellbeing. This was effective immediately.

Where Is It Illegal To Carry A Weapon In Fort Worth, TX?

You cannot carry at these types of locations in Texas below:

  • Court or offices used by a court
  • Schools, buses, activities
  • Within 1,000 ft of a state execution
  • Secure area of an airport
  • While intoxicated
  • Amusent park
  • Civil commitment facility
  • Hospital or nursing home without written permission
  • Church / Place of Worship
  • Government Meetings (some)
  • Racetracks
  • Colleges / Universities that do not allow carrying of a handgun
  • Prison

What Are The Penalties for Firearm Violations in Fort Worth?

The penalties for firearm charges in Texas range widely, from minor misdemeanor offenses to major felony offenses. The severity of punishments depends on a variety of factors. Some of the factors that affect penalties include the following:

Below is a breakdown of penalties you may be facing if you’re convicted of a firearm charge in Fort Worth, based on the class of misdemeanor or felony you’ve been charged with. Remember, your penalties could be greater based on the above factors.

  • A Class B misdemeanor weapons offense conviction can result in up to 180 days in jail and a fine of up to $2,000.
  • A Class A misdemeanor weapons offense conviction can result in up to one year in jail and a fine of up to $4,000.
  • A state jail felony weapons offense conviction can result in between 180 days and two years in state jail and a fine of up to $10,000.
  • A third-degree felony weapons offense conviction can result in between two and ten years in prison and a fine of up to $10,000.
  • A second-degree felony weapons offense conviction can result in between two and twenty years in prison and a fine of up to $10,000.
  • A first-degree felony weapons offense conviction can result in between five and ninety-nine years in prison or life in prison and a fine of up to $10,000.

How Can A Weapons Charge Impact My Future?

Firearm charges and the associated criminal penalties are not something you want to mess around with. You could spend significant time behind bars, you could be charged a large fine, and you could have certain rights taken away from you if you’re convicted of a weapons violation.

Those criminal penalties alone aren’t the only way firearm charges affect your life. You might find it difficult, if not impossible, to obtain employment when you have a firearm conviction on your criminal record. Your criminal record could keep you from obtaining many other important services, as well, such as educational opportunities.

This is a major reason why it’s so important to team up with a qualified firearm charge lawyer in Fort Worth.

Speak with a Fort Worth firearm Charge Attorney

If you’ve been charged with a weapons violation in the Fort Worth area, you need to contact an attorney right away. With a criminal defense attorney from our office by your side, you will have a better chance of getting your charges dismissed, dropped, or reduced. 

Don’t risk your future by trying to fight your criminal charges on your own. You need an experienced defense lawyer in your corner. Contact a Fort Worth firearm charge lawyer with the Law Offices of Jeff C. Kennedy. Call us at 817-605-1010 or fill out the contact form on this page.

WHAT DO OUR CLIENTS HAVE TO SAY?

Jeff C. Kennedy was the light of hope at the end of very dark storm. He was not only able to defend my case swiftly, but had the alleged charges dismissed completely. His calm and empathetic demeanor offered emotional succor to myself and those I care about most. My children and I are eternally grateful for his excellent service and I hereby recommend Jeff C. Kennedy without reservation.

Kishta

Jeff Kennedy truly cares. He and his staff kept me informed all the way throughout my case and provided me with all my options and the potential outcomes for my case. When the day finally arrived to resolve my case, Jeff was able to negotiate a reduction to a lesser charge. He was well prepared and coordinated everything perfectly. Jeff is not only a good lawyer, but a good man.

N.C.L.

I hired Mr. Jeff Kennedy to handle a DWI charge. From day one, I knew I had picked the right attorney. Jeff always took the time to answer any of my questions, treated me very professionally, and truly cared about my case. I have never been in any kind of trouble before and I was very nervous about the thought of going to trial. Jeff thoroughly explained the entire process to me and made me feel at ease. Jeff took my case to trial and the jury found me NOT GUILTY!

P.T.S.

Jeff Kennedy is a professional, intelligent, easy-to-talk-to lawyer with an excellent understanding of how the system works. Jeff was able to get my twice the legal limit BAC thrown out and he kept me from having an interlock device put on my car. This has been my only big mistake in life so far (hopefully the last) and I am glad he was there to walk me through it. You will not regret hiring him.

Anonymous
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