This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Wrongful Possession Of A Firearm In Dallas
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State:
Multi-State
County:
Dallas
Control #:
US-000303
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FAQ
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.
