Possession of Firearm While Intoxicated

While many people in Texas own guns and feel comfortable around them, certain rules apply to handgun ownership that need to be followed at all times. One of the most common concerns relates to individuals who have been drinking alcohol.

 

Unlawful carrying weapons is a common criminal offense usually abbreviated as just UCW, but unlawful carrying of handgun by license holder is actually a separate offense. People who have been consuming alcohol while possessing firearms may be charged with the latter.

 

Possession of Firearm While Intoxicated
Possession of Firearm While Intoxicated

 

Dallas Possession of Firearm While Intoxicated Attorney

If you were arrested for an alleged possession of a firearm while intoxicated crime in Dallas, do not try to talk to the police. You can have The Law Offices of Richard C. McConathy deal with the authorities for you and protect your rights.

 

Our firm handles all kinds of gun charges in North Texas. You can have us examine your case and discuss all of your legal options as soon as you call (817) 422-5350 or contact us online to set up a free consultation.

Possession of Firearm While Intoxicated Charges in Texas

Subsection d of Texas Penal Code § 46.035 states that a license holder commits an offense if, while intoxicated, the license holder 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. An offense under this section is a Class A misdemeanor.

 

This same law also provides that a license holder commits an offense if the license holder carries a handgun 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 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.

 

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 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 other 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 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 Section 411.2031(e), Government Code, 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 Section 30.06.

 

A license holder also commits an offense if the license holder intentionally carries a concealed handgun on a portion of a 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 Section 411.2031(d-1), Government Code, provided the institution gives effective notice under Section 30.06 with respect to that portion.

 

A license holder also 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, 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 also 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.

 

The phrase “amusement park” means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times.  The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. “Institution of higher education” and “private or independent institution of higher education” have the meanings assigned by Section 61.003, Education Code, which are any public technical institute, public junior college, public senior college or university, medical or dental unit, public state college, or other agency of higher education as defined in this section for institution of higher education while private or independent institution of higher education includes only a private or independent college or university that is organized under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon’s Texas Civil Statutes); exempt from taxation under Article VIII, Section 2, of the Texas Constitution and Section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. Section 501); and accredited by the Commission on Colleges of the Southern Association of Colleges and Schools; the Liaison Committee on Medical Education; or the American Bar Association.

 

“License holder” means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. “Premises” means a building or a portion of a building.  The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

 

Also keep in mind that Texas Penal Code § 46.06 establishes that a person commits the crime of unlawful transfer of certain weapons if they sell, rent, lease, loan, or give 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 sell, rent, lease, or give or offer 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 sell a firearm or ammunition for a firearm to any person who is intoxicated; knowingly sell 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; sell, rent, lease, loan, or give 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 purchase, rent, lease, or receive as a loan or gift from another a handgun while an active protective order is directed to the actor.

 

“Intoxicated” is defined as substantial impairment of mental or physical capacity resulting from introduction of any substance into the body. An offense is a Class A misdemeanor, except that an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun.

Possession of Firearm While Intoxicated Penalties in Dallas

As it relates to the crimes discussed above, a Class A misdemeanor in Texas is punishable by a fine of up to $4,000 and/or up to one year in jail. A state jail felony is punishable by a fine of up to $10,000 and/or up to two years in state jail.

 

While some people believe that misdemeanor convictions are not nearly as bad as felonies, it is a mistake to think that a Class A misdemeanor will not haunt you. Make sure you defend yourself against any gun charges because you may be able to get the charges reduced or dismissed.

Dallas County Possession of Firearm While Intoxicated Resources

Alcohol & Firearms – The National Academies Press — A comprehensive review of the scientific literature pertaining specifically to alcohol and firearms was conducted to identify gaps in research and knowledge as well as potential policy and public health interventions in order to assist communities in gauging the relative value of different alcohol-related prevention strategies to reduce gun injury, and make the best use of limited prevention resources. Major research findings and gaps in knowledge specific to alcohol and firearms included over one-third of firearm injury decedents acutely consuming alcohol prior to their death; over one-quarter of these decedents had heavily consumed alcohol. The risk of being a victim of gun injury after drinking, especially heavy drinking, appears to be most significant among self-inflicted firearm injury victims.

 

Alcohol Use and Firearm Violence – NCBI – NIH — The authors undertook a 40-year (1975–2014) systematic literature review with meta-analysis. One large group of studies showed that over one third of firearm violence decedents had acutely consumed alcohol and over one fourth had heavily consumed alcohol prior to their deaths. Another large group of studies showed that alcohol was significantly associated with firearm use as a suicide means. Two controlled studies showed that gun injury after drinking, especially heavy drinking, was statistically significant among self-inflicted firearm injury victims.

Law Offices of Richard C. McConathy | Dallas Possession of Firearm While Intoxicated Lawyer

Were you arrested or do you think that you could be under investigation for possession of a firearm while intoxicated in Dallas or another community in Dallas County? You are going to want to be quick to retain legal counsel.

 

The Law Offices of Richard C. McConathy defends clients in state and federal courts all over Texas. Call (817) 422-5350 or contact us online to receive a free consultation.