WEAPONS OFFENSES

Second Amendment Rights in Texas

We are Texans. We enjoy the Second Amendment more than most. We are an open carry state. However, there are certain criminal offenses in Texas related to possessing or using your weapon. Road rage incidents are some of the most common. The criminal offense associated with road rage is often aggravated assault with a deadly weapon (whether that weapon is the vehicle or a firearm).

Other common weapon offenses are unlawful possession of a firearm and deadly conduct.

Understanding the Weapon Laws

Penal Code 46.04 – Unlawful possession of a firearm by a felon reads, in relevant part, as follows:

(a) A person who has been convicted of a felony commits an offense if he possesses a firearm:

(1) after conviction and before the fifth anniversary of the person’s release from confinement following conviction of the felony or the person’s release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or

(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.

(b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person’s family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:

(1) the date of the person’s release from confinement following conviction of the misdemeanor;  or

(2) the date of the person’s release from community supervision following the conviction of the misdemeanor.

Deadly conduct – Section 22.05 of the Penal Code:

(b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:

(1) one or more individuals;  or

(2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.