Texas is widely regarded as one of the most gun-friendly states in the country. But even in Texas, there are lots of ways you can go wrong as a gun owner. Make a small mistake, and you could end up paying big. At Abrams Trial Law, we provide straightforward and easy-to-understand legal help for some of life’s biggest dilemmas. If you’ve been arrested and charged with a weapons offense, unlawfully carrying a weapon, give us a call right away. Learn more about Texas concealed carry laws below and how an experienced lawyer can help in your case.
Open Carry Laws in Texas
First of all, open carry is legal in Texas. Just about everyone can open carry, including:
- Anyone who is legally allowed to own a firearm
- Out of state residents who hold a license to carry a handgun
- Out of state residents with concealed carry permits
A few people cannot carry openly in Texas, namely those with certain felony convictions.
Don’t forget, however, that federal laws still apply too. If you are restricted from owning a firearm under federal laws, you are still restricted from open carry in Texas. This includes anyone with domestic violence convictions, due to the Lautenberg Amendment. Also keep in mind that some public places still restrict open carry.
What to Do if Stopped by Police
There is a split in authority on the issue of how to handle an overreaching police officer who demands to see proof of your license or other documentation. Some say it’s unconstitutional to stop someone and question them if there is no reason to believe a crime has been committed. While true, police are also charged with making sure the public feels safe.
Police will arrest and charge a person with unlawfully carrying a weapon if the person is in the officer’s opinion driving while intoxicated from either alcohol or drugs.
Get Help With A Weapons Offense Case
If you are detained or arrested, do not resist the officer. Understand that an arrest does not equal a conviction. Contact Abrams Trial Law at your earliest possible opportunity. Our experienced lawyers can aggressively fight for your Constitutionally protected rights from start to finish.