Many people in Texas support the Second Amendment to the United Constitution and believe their rights to carry firearms are without any prohibition, but the truth of course remains that Texas has numerous laws relating to firearm violations, and people who violate state laws can face criminal charges. Multiple stories from the previous month indicate how common gun charges can be.
KDFW-TV reported that a Dallas man had been charged with murder after shooting and killing an unarmed robber he thought was attacking two Dollar Store employees. After the shooting, the man stayed on the scene and spoke with the police.
Dallas police said the 47-year-old alleged offender was legally carrying the gun he used to shoot and kill a man inside a Family Dollar on South Lancaster Road in Oak Cliff. According to an arrest affidavit, a female assistant manager recognized the man as a person who frequently stole and asked him to leave and to return stolen items from his coat.
The man attempted to leave with the items, but the woman took his backpack. The man briefly stepped outside but returned, “striking her multiple times with his fists” before another female employee “intervened by spraying Betts with mace and trying to get him to leave.”
The alleged offender walked in and noticed the fight, pulled out his firearm, told the women to move, and fired a single shot that killed the man. Dallas police confirmed it labeled the initial offense as a robbery.
On November 28, 2022, Local Today reported that a Dallas police officer who was fired after police said he shot a colleague in an Uber earlier in November reported himself to authorities on a new charge of fatal conduct. The 39-year-old alleged offender faces a new charge in addition to a felony count of aggravated assault with a deadly weapon, brought after Dallas police arrested him on November 18.
The man was initially jailed on the felony charge with $25,000 bail he posted. Court records showed that on November 18, the alleged offender allegedly pointed a pistol at the head of another Dallas police officer while both were off-duty in the Uber at the 4700 block of Red Bud Drive in the Buckner Terrace area.
The Uber driver told police officers they fought over the gun, which “shot into the roof of the vehicle and damaged the sunroof.” Responding officers found the alleged offender’s pistol in the passenger seat, and police said it had 12 live rounds and a fired cartridge case was “housed in the chamber.”
The other officer was drunk and told police he heard a gunshot and his ears were ringing, according to the affidavit. A day after his arrest, the alleged offender was fired by Dallas Police Chief Eddie García, who expedited the internal investigation.
He was a senior corporal with the Southeast Patrol Division who had been with the department since 2013. Two other Dallas police officers were also arrested this month on different charges.
An officer was arrested on November 17 on charges of assault in the family after the victim told police he had closed a door on her finger and slammed her against a door, causing bleeding on her. Senior Corporal Ja’Qualyn Mitchell was arrested off-duty by the Glenn Heights Police Department last week for drunk driving.
On November 8, 2022, the United State’s Attorney’s Office for the Northern District of Texas announced that the man accused by the state of Texas of murdering rapper Mo3 was sentenced today to 105 months in federal prison for a firearm crime. The 23-year-old alleged offender pleaded guilty to possession of a firearm by a convicted felon.
When police observed the alleged offender committing a traffic violation on his dirt bike while driving down West Pleasant Run Road in Lancaster, Texas, officers attempted to pull him over. The alleged offender ignored their lights and sirens and fled the scene.
Officers gave chase, and the alleged offender crashed his dirt bike and fled on foot. Officers pursued and detained him a short time later.
Law enforcement discovered the pistol in his pants pocket. The alleged offender has also been charged by Dallas County with the murder of 28-year-old rapper Melvin Nobel, also known as M03, and that case remains pending.
The United States Department of Justice (DOJ) also announced on June 13, 2022, that a man who allegedly purchased guns later used in multiple incidents in the United States and Canada has been charged with federal firearm crimes. According to court documents, the 31-year-old alleged offender allegedly purchased at least 92 guns from federally licensed firearms dealers, including 75 guns in just six months from a single dealer that later relinquished its seller’s license.
United States Attorney Chad Meacham for the Northern District of Texas said the Second Amendment protects the rights of law-abiding citizens, but not prohibited persons or the people who arm them. At least 16 of the guns Hackworth purchased are alleged to have been subsequently recovered in Texas, Maryland, and Canada from incidents that include homicide, aggravated assault, and drug trafficking.
Common Gun Crimes in Dallas
People can face a wide variety of possible gun charges in Texas. Some of the most common kinds of criminal offenses include, but are not limited to:
- Unlawful Carrying Weapons, Texas Penal Code § 46.02 — A person commits this crime if they intentionally, knowingly, or recklessly carries on or about his or her person a handgun, at the time of the offense is younger than 21 years of age, or has been convicted of an offense under Texas Penal Code § 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed in the five-year period preceding the date the instant offense was committed, and is not on the person’s own premises or premises under the person’s control, or inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person’s control. This offense can range from a Class C misdemeanor all the way to a second-degree felony.
- Unlawful Carrying Of Handgun By License Holder, Texas Penal Code § 46.035 — A license holder commits an offense if they carry a handgun on or about their 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 holster by the license holder, or in a holster, and the handgun and the license holder were in a motor vehicle. 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 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.
- Unlawful Possession Of Firearm, Texas Penal Code § 46.04 — A person who has been convicted of a felony commits an offense if they possess a firearm 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 after the period described by Subdivision (1), at any location other than the premises at which the person lives. This crime is a third-degree felony.
- Prohibited Weapons, Texas Penal Code § 46.05 — A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice: an explosive weapon; a machine gun; or a short-barrel firearm; armor-piercing ammunition; a chemical dispensing device; a zip gun; a tire deflation device; or an improvised explosive device. This crime is a third-degree felony.
- Unlawful Transfer Of Certain Weapons, Texas Penal Code § 46.06 — A person commits an offense 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; 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; or while prohibited from possessing a firearm under state or federal law, knowingly make a material false statement on a form that is required by state or federal law for the purchase, sale, or other transfer of a firearm; and submitted to a licensed firearms dealer, as defined by 18 U.S.C. Section 923. This crime is a Class A misdemeanor, except that an offense under Texas Penal Code § 46.06(a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun, and an offense under Texas Penal Code § 46.06(a)(7) is a state jail felony.
- Offenses Committed Within Weapon-Free School Zones, Texas Penal Code § 46.11 — The punishment for an offense under this chapter is increased to the punishment prescribed for the next highest category of offense if it is shown beyond a reasonable doubt on the trial of the offense that the alleged offender committed the offense in a place that the actor knew was within 300 feet of the premises of a school, or on premises where an official school function is taking place or an event sponsored or sanctioned by the University Interscholastic League is taking place.
- Firearm Smuggling, Texas Penal Code § 46.14 — A person commits an offense if the person knowingly engages in the business of transporting or transferring a firearm that the person knows was acquired in violation of the laws of any state or of the United States. For purposes of this subsection, a person is considered to engage in the business of transporting or transferring a firearm if the person engages in that conduct on more than one occasion; or for profit or any other form of remuneration. This crime is a third-degree felony, although an offense involving three or more firearms in a single criminal episode is a second-degree felony.
Find A Dallas County Defense Attorney for Firearm Violation Charges | Law Offices of Richard C. McConathy
Have you been accused of any kind of gun crime in the Dallas area? You will want to work with The Law Offices of Richard C. McConathy to have the best possible chance of defeating your criminal charges. Our firm has handled scores of gun crime cases all over Texas, so we know how to tackle these kinds of cases.
Contact the Law Offices of Richard C. McConathy today for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Call (972) 233-5700 or contact us online to schedule a consultation.