The crime of unlawful carrying of handguns by a licensed holder is an offense found in Title 10 of Chapter 46 of the Texas Penal Code under the title “Offenses Against Public Health, Safety, and Morals.” Licensed concealed carry holders can face criminal charges for not following concealed carry rules.
Intoxication is an element not only in the unlawful carrying of handguns by license holder offenses but also the unlawful transfer of certain weapons crimes as well. While this is commonly a misdemeanor, certain circumstances could lead to felony charges.
Possession of a Firearm While Intoxicated Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
If you were recently arrested for unlawful carrying a firearm of while intoxicated, contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.
Possession of a Firearm While Intoxicated Charges in Texas
Texas Penal Code § 46.035 establishes that a person commits the offense of unlawful carrying of a handgun if the license holder, while intoxicated, carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster. This is only one way in which a person can be charged with unlawful carrying of a firearm.
People also commit the crime of unlawful carrying of handgun by license holder if they carry a handgun on or about the license holder’s person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally display the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder.
It is also an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder’s person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person on the premises of an institution of higher education or private or independent institution of higher education; or on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or another parking area of an institution of higher education or private or independent institution of higher education.
A license holder also commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder’s person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally or knowingly displays the handgun in plain view of another person on the premises of an institution of higher education or private or independent institution of higher education; or on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or another parking area of an institution of higher education or private or independent institution of higher education.
A license holder commits an offense if the license holder carries a handgun on the campus of a private or independent institution of higher education in this state that has established rules, regulations, or other provisions prohibiting license holders from carrying handguns pursuant to the Texas Government Code § 411.2031(e), or on the grounds or building on which an activity sponsored by such an institution is being conducted, or in a passenger transportation vehicle of such an institution, regardless of whether the handgun is concealed, provided the institution gives effective notice under Texas Penal Code § 30.06.
A license holder also commits an offense if the license holder intentionally carries a concealed handgun on a portion of premises located on the campus of an institution of higher education in this state on which the carrying of a concealed handgun is prohibited by rules, regulations, or other provisions established under Texas Government Code § 411.2031(d-1), provided the institution gives effective notice under Texas Penal Code § 30.06 with respect to that portion.
A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, on or about the license holder’s person on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74 of the Texas Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code; on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event; on the premises of a correctional facility; on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing facility administration, as appropriate; in an amusement park; or on the premises of a civil commitment facility.
A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, in the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code, and the entity provided notice as required by that chapter.
A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer’s employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.
Under Texas Penal Code § 46.06, a person commits an unlawful transfer of certain weapons offense if the person:
- sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;
- intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years of age any firearm, club, or location-restricted knife;
- intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated;
- knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates: 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 following conviction of the felony;
- sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered; or
- knowingly purchases, rents, leases, or receives as a loan or gift from another a handgun while an active protective order is directed to the actor.
For purposes of these laws, intoxicated is defined as a substantial impairment of mental or physical capacity resulting from the introduction of any substance into the body.
Possession of a Firearm While Intoxicated Penalties in Dallas County
Most unlawful carrying of handguns by license holder offenses is classified as Class A misdemeanors. An offense is a third-degree felony only if a license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, on or about the license holder’s person on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code; or on the premises of a correctional facility.
An unlawful transfer of certain weapons offense is also commonly a Class A misdemeanor. The crime can be a state jail felony if an alleged offender intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years of age any handgun.
Convictions will generally be punishable as follows in these cases:
- Class A Misdemeanor — Up to one year in jail and/or fine of up to $4,000
- State Jail Felony — Up to two years in state jail and/or fine of up to $10,000
- Third-Degree Felony — Up to 10 years in prison and/or fine of up to $10,000
Dallas, TX Possession of a Firearm While Intoxicated Resources
NRA Gun Safety Rules | NRA Explore — The National Rifle Association (NRA) is a gun rights advocacy group and clearly states on this website, “Never use alcohol, over-the-counter drugs or prescription drugs before or while shooting.” The NRA states that alcohol, as well as any other substance likely to impair normal mental or physical bodily functions, must not be used before or while handling or shooting guns. View other gun safety rules.
A Word About Guns and Alcohol | USCCA — The U.S. Concealed Carry Association is a membership organization that offers several products that cater to the concealed carry lifestyle. The author of this piece states, “my advice to all of my carry class students is simple: regardless of what your home state, or any other state, says about guns and alcohol, if you are carrying, don’t drink.” Learn more about the 51 percent rule.
Find A Dallas County Defense Attorney for Possession of a Firearm While Intoxicated Charges | Law Offices of Richard C. McConathy
Were you arrested for unlawful carrying of a firearm while intoxicated because you were intoxicated in the greater Dallas area?
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.