Wrongful Possession Of A Firearm In Dallas
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As of 2021, Texas law no longer requires people to have a license to carry (LTC) to carry a handgun in most public places. Texans can still get a license to carry if they wish. See the Texas State Law Library page for more.
Changes made to the law in 2021 allow more people to carry a handgun in "plain view" within the vehicle. The law does require the handgun to be in a holster when it is in "plain view." Texas law does not say what type of holster is required.
Unlawful Carry of a Weapon, or UCW, refers to offenses involving the illegal possession of a handgun, illegal knife, or club in Texas. This is generally a Class A misdemeanor in Texas although as explained below, it can become a third degree felony under certain circumstances.
Unlawful possession of a firearm is generally punishable as a Class A misdemeanor, which comes with a presumptive sentence of up to one year in jail and/or fines not to exceed $4,000 (Tex. Penal Code §12.21). There are also cases where unlawful possession of a firearm is considered a felony of the third degree.
Texas Penal Code Section 42.01 makes it illegal for an individual to intentionally or knowingly discharge a firearm in a public place other than a shooting range. “Intentionally or knowingly” means that the individual is aware of their actions when discharging the firearm.
Brandishing a weapon can escalate a situation and potentially lead to criminal charges. Under the Texas Penal Code, Section 42.01, “Disorderly Conduct” includes the offense of displaying a firearm in a public place in a manner calculated to alarm. This offense is a Class C misdemeanor.
UNLAWFUL POSSESSION OF FIREARM After five years, possession of a firearm remains illegal unless it is possessed at a residence address. It is also illegal to possess a firearm at home or elsewhere within five years of release from community supervision or confinement for a conviction for assault-family violence.
