Texas gun laws govern the constitutional use and carry of firearms in San Antonio. The penalties for a weapons offense differ according to the weapon and the manner in which the offense was committed. If you’ve been charged with a weapons offense, you need to know the gun laws in San Antonio that apply to your case or how to defend yourself.
Keep reading for more information on the Texas and San Antonio gun laws you should know about and how an experienced San Antonio criminal defense attorney like John G. Perez Jr. can help you with your gun charges.
What is the New Gun Law in Texas?
You might have heard about the recently ratified gun law in Texas, the Texas House Bill 910, passed by the Texas legislature in 2021. Also known as the Open Carry law, this new gun law allows people to openly carry a handgun in public places without being a license holder. This means that handgun owners can take their guns with them into public places, city streets and sidewalks, and areas of city buildings that are open to members of the public.
However, for public safety, handguns are not allowed everywhere– you cannot carry guns of any type into places like health facilities, public meeting rooms, schools, and buildings that post signs prohibiting guns. To carry without a permit, a person must be:
- At least 21 years old
- Not prohibited by state or federal law from possessing a firearm (e.g., felony conviction, certain misdemeanors, etc.)
Texas Laws on Handguns
Under Texas gun laws, you are allowed to openly carry your handguns without being a license holder. You can carry your gun in a shoulder holster, belt holster, or concealed anywhere on your body. You can carry your handgun in the following places in Texas:
- In the Texas State Capitol
- In public areas of city buildings such as recreation centers and libraries
- In business facilities that don’t have any visible signs prohibiting handguns
- Outside in public
On the other hand, gun owners are not allowed to carry their handguns into the following places:
- Courthouses
- Schools
- Secured areas in an airport
- Polling centers on election voting days
- Business facilities with visible signs that prohibit handguns
- College, high school, interscholastic, or professional sporting events (unless the event involves the use of handguns and the person holding it is a participant)
- Amusement parks
- Rooms where open governmental meetings are taking place
- Correctional facilities, including nursing facilities, hospitals, civil commitment facilities, and mental hospital
- Business buildings permitted by the Texas Alcoholic Beverage Commission (TABC) that get 51% or more of their income from the sale of alcohol
Texas Laws on Rifles and Shotguns
Long guns, such as rifles and shotguns, are subject to the Texas Penal Code and other laws on firearms, including the National Firearms Act (NFA). There are no specific Texas gun regulations or federal laws restricting gun owners from carrying rifles or shotguns, with the exception of those who are disallowed from owning guns. Long guns are allowed in public places, excluding the same list of places where handguns are not allowed, found in the section above.
Other Texas Gun Laws
Aside from the laws that have been stated above, the other Texas gun laws that apply include state and federal laws such as:
- Right to Carry Confidentiality– The Texas Penal Code allows people to carry firearms openly or concealed in Texas except in restricted areas like schools and polling places.
- Right to Carry in Restaurants– Texas law also permits the carrying or possession of firearms in restaurants except in places that primarily sell alcohol, like bars and places that derive more than 51% of their revenue from alcohol sales.
- Castle Doctrine– The Castle Doctrine is a legal principle that authorizes the use of deadly force, like using a firearm, to protect themselves, others, or their property, from harm in situations where it is reasonably necessary to do so.
- Right To Carry Reciprocity and Recognition– Texas laws permit individuals with Texas gun licenses to carry their guns in other states that have agreements with Texas to recognize the licenses.
- Right to Keep and Bear Arms State Constitutional Provisions– The Texas Constitution allows citizens to carry and possess firearms to defend themselves or Texas State lawfully. However, it is subject to other legal regulations to ensure safe usage and prevent crime.
- Law on Antiques and Replicas– Guns made before 1899 and their replicas that do not use centerfire ammunition or rimfire bullets are not considered firearms. Therefore, they are not bound by Texas laws governing and restricting firearms.
Guns that Are Prohibited in Texas
In Texas, the following guns are illegal to carry and may lead to third-degree felony charges:
- Chemical weapons
- Silenced firearms
- Improvised firearms or zip-guns
- Machine guns
- Sawed-off shotguns
San Antonio Gun Laws
There are no specific San Antonio gun laws that govern firearms in the city. The use, restrictions, and prohibitions of guns that apply to the city are the same that apply to the rest of Texas state. It is also worth mentioning again that the Open Carry Law doesn’t permit the possession of handguns in every public place. So, you cannot carry a gun into a building with a visible sign prohibiting the possession of firearms.
Types of Gun Charges in Texas
Gun charges are criminal charges that a person can face for violating gun laws. Some Texas gun regulations apply only to specific types of guns, such as the Open Carry law for handguns. Generally, the different types of gun charges in Texas include:
Class C Misdemeanor
This gun charge applies to any individual who leaves a loaded gun within a child’s reach.
Class B Misdemeanor
This gun charge applies to anyone who fires a gun in public in a city or town with 100,000 residents or less.
Class A Misdemeanor
This gun charge applies to any individual who:
- Illegally carries a weapon without being a license holder
- Gives or sells a gun to someone who is not legally permitted to own firearms
- Fires a gun in public in a city with more than 100,000 residents
- Carries a gun to church, a sporting event, a hospital, a government meeting, or an amusement park
Third-Degree Felony
This gun charge applies to any person who:
- Possesses any weapon that is prohibited by any federal or state law
- Fires a gun in a courthouse, school, on the racetrack, or at a polling center on election voting day
- Carries a gun into a store approved by the Texas Alcoholic Beverage Commission (TABC) that gets the majority of its income from the sale of alcohol
First-Degree Felony
This gun charge applies to an individual who uses a gun in any manner while carrying out a violent crime.
What to Do if You’ve Been Charged With a Weapons Offense in San Antonio?
If you’ve been charged with a weapons offense in San Antonio, you need to contact a San Antonio criminal defense attorney immediately. A weapons offense is a serious crime in Texas– whether it’s carrying a weapon into a store with a sign prohibiting firearms or firing a gun into the air in a public place.
The consequences of violating the gun laws in San Antonio range from expensive fines to long imprisonment terms. Having a criminal defense attorney by your side during this difficult time can help you build a solid defense and guarantee the protection of your rights.
Get Legal Support for Your Gun Charges from a San Antonio Criminal Defense Attorney
There are many state and federal gun laws that apply to the use, ownership, transportation, and possession of firearms in San Antonio. When those laws are broken, the penalties for a weapon offense are very serious. You need an experienced San Antonio criminal defense attorney to evaluate your case, examine the relevant laws, and defend your rights in court.
If you’re facing a gun charge in San Antonio, contact the Law Office of John G. Perez Jr. today. John is experienced and ready to evaluate your case, examine the relevant laws, protect your best interests, and fight to get your charges reduced in court.