Gun Charge in Texas: Offenses, Penalties, and Federal Overlap

Gun charges in Texas run from Class A misdemeanors that carry up to a year in county jail to second-degree felonies with a mandatory five-year minimum, and federal prosecutors can bring their own charges on top of whatever the state files. The 2021 Firearm Carry Act let most adults 21 and older carry a handgun without a license, but it left every criminal statute about where, when, and how you can carry fully intact.¹

What Permitless Carry Did Not Change

You can carry a handgun in public without a License to Carry if you are at least 21 and not otherwise prohibited under state or federal law. You still need a holster. A handgun that is visible inside a vehicle or watercraft and not in a holster is an offense regardless of age or license status.²

Permitless carry did not change who qualifies to carry. A disqualifying felony conviction, a recent domestic violence conviction, or an active protective order still bars you. Many Texas gun charges start with the assumption that “constitutional carry” means anything goes.

Unlawful Carrying of a Weapon

Penal Code Section 46.02 is behind most gun charges in the state. It covers several distinct situations.

Under 21 in Public

If you are younger than 21, you generally cannot carry a handgun off your own property, property you control, or a vehicle you own. Narrow exceptions exist for active-duty military and people protected by certain court orders. The baseline offense is a Class A misdemeanor, up to one year in county jail and a fine of up to $4,000.²³

Carrying Within Five Years of a Violent Misdemeanor

Adults 21 and over can still be charged under 46.02 if they carry a handgun within five years of a conviction for certain violent misdemeanors, including assault causing bodily injury, deadly conduct, or terroristic threat. The five-year clock runs from the date of conviction, not the date of the underlying incident.²

Armed During Another Offense

Having a handgun on you while committing a crime beyond a minor traffic or boating violation is a separate charge, even if you would otherwise be eligible to carry. Officers routinely add this count when a firearm turns up during an arrest for something else.²

Enhanced Penalties for Prohibited Persons

The statute escalates sharply when the person carrying is already prohibited from possessing a firearm. A person barred under Section 46.04(a) because of a prior felony who is caught carrying a handgun faces a second-degree felony with a mandatory minimum of five years in prison. A person barred under Section 46.04(b) for a domestic violence conviction faces a third-degree felony.² These enhancements are separate from the underlying possession charge, so a single traffic stop can produce multiple counts.

Carrying a Handgun While Intoxicated

You cannot carry a handgun while intoxicated, period. Section 46.02(a-6) makes this a standalone offense even where carrying would otherwise be legal.² “Intoxicated” uses the same definition as DWI under Section 49.01: lacking normal use of mental or physical abilities because of alcohol or drugs, or a blood alcohol concentration of 0.08 or higher.

Licensed carriers and permitless carriers are treated the same way. If you are armed at a restaurant, have a few drinks, and police make contact over a disturbance, you face a Class A misdemeanor just for being intoxicated with the handgun on you. The weapon does not need to leave the holster. Conviction means up to a year in jail and a fine of up to $4,000.³

Where You Cannot Carry

Penal Code Section 46.03 lists locations where carrying is illegal regardless of permit status or eligibility. These are where otherwise law-abiding carriers run into charges.

K–12 campuses, university grounds, and school transportation (licensed carriers can carry concealed on public university campuses under campus carry; permitless carriers cannot)
Polling places on election day and during early voting
Courtrooms and offices used by courts, absent written authorization
Racetracks
Secured areas of airports past TSA screening
Bars and “51%” establishments that earn more than half their revenue from on-premises alcohol sales
Prisons, jails, and civil commitment facilities
High school, college, and professional sporting events
Hospitals and mental health facilities

Most violations are third-degree felonies, punishable by two to ten years in prison and a fine of up to $10,000. A few locations on the list, including sporting events and civil commitment facilities, carry a Class A misdemeanor instead.⁴⁵

Airport Checkpoints

A forgotten firearm in a carry-on is one of the more common accidental violations. Alongside the state felony, the TSA imposes civil fines of $3,000 to $12,210 for a loaded firearm or an unloaded firearm with accessible ammunition, plus a criminal referral. Repeat offenders face fines up to $17,062.⁶ One mistake can produce a state felony prosecution and a five-figure federal fine from the same incident.

Posted Private Property

Property owners can ban firearms using specific signs. A Section 30.05 sign prohibits unlicensed carriers from entering with a firearm. A 30.06 sign bans licensed carriers from entering with a concealed handgun. A 30.07 sign bans licensed carriers from open-carrying.⁷ A 30.05 violation by an unlicensed carrier is a Class C misdemeanor on the first offense. A 30.06 or 30.07 violation by a licensed carrier is a Class A misdemeanor.

Possession After a Felony Conviction

Section 46.04 is one of the most strictly enforced gun statutes in Texas, and it catches people who believe their rights have been fully restored. For the first five years after your release from confinement or supervision, whichever comes later, you cannot possess a firearm anywhere. After that five-year period, you can possess a firearm only at the place where you live.⁸

The restriction never fully goes away. Even 20 years after you finish your sentence, having a firearm in your truck or at a friend’s house is a third-degree felony, two to ten years in prison and a fine of up to $10,000.⁵ The type of felony does not matter. Property crimes, drug offenses, and white-collar convictions all trigger the same prohibition, with no exception for self-defense, work, or hunting.

The five-year clock starts on the later of two dates: your release from physical confinement, or your release from community supervision, parole, or mandatory supervision. People miscalculate this by starting the clock from sentencing rather than the end of supervision.

Domestic Violence Firearm Restriction

Section 46.04(b) creates a separate restriction for people convicted of a Class A misdemeanor assault against a family or household member. You cannot possess a firearm for five years after the later of your release from confinement or your release from community supervision. Violating it during that window is a Class A misdemeanor under state law.⁸

Unlike the felony restriction, the state ban expires after five years. Federal law does not. A misdemeanor crime of domestic violence triggers a lifetime federal firearms ban under 18 U.S.C. § 922(g)(9), and many people do not realize it applies to them.⁹

Federal Charges That Stack on Top

Federal prosecutors can bring charges even when the state declines to, and federal sentences are harsher.

Federally Prohibited Persons

Under 18 U.S.C. § 922(g), you cannot possess a firearm or ammunition if you are:

Convicted of any crime punishable by more than one year in prison
A fugitive from justice
An unlawful user of or addicted to a controlled substance
Adjudicated as mentally defective or committed to a mental institution
In the United States unlawfully
Dishonorably discharged from the military
Subject to a qualifying domestic violence restraining order
Convicted of a misdemeanor crime of domestic violence

Federal possession by a prohibited person carries up to 15 years in federal prison, well above the state third-degree felony range, and federal sentences do not offer the same parole opportunities.¹⁰ Prosecutors commonly go federal when the person has a long history or when drugs are found alongside the firearm.⁹

The drug user category deserves attention. No conviction is required. Regular marijuana use, even where state law permits it, makes you a prohibited person under federal law. Texans who use marijuana and own firearms are technically violating 18 U.S.C. § 922(g)(3) every day.

Federal Buildings and Post Offices

Bringing a firearm into any building owned or leased by the federal government where federal employees regularly work is a separate federal crime. That includes post offices, Social Security offices, federal courthouses, and VA facilities. The basic violation carries up to one year in federal prison. A firearm in a federal court facility carries up to two years. If prosecutors can show intent to use the weapon in a crime, the maximum rises to five years.¹¹

Penalty Ranges at a Glance

Class A misdemeanor. Up to one year in county jail and a fine of up to $4,000. Covers standard unlawful carrying, carrying while intoxicated, and possession in violation of the domestic violence restriction.³
Third-degree felony. Two to ten years in prison and a fine of up to $10,000. Covers most prohibited-location offenses under Section 46.03 and felon-in-possession under Section 46.04(a).⁵
Second-degree felony. Two to 20 years in prison and a fine of up to $10,000, with a mandatory minimum of five years. Applies when a convicted felon in the five-year restriction period is caught carrying a handgun under the Section 46.02(e) enhancement.¹²²

Any conviction carries collateral consequences. A felony permanently restricts your firearm rights under Section 46.04. Even a misdemeanor unlawful carrying conviction can affect employment, professional licensing, and your ability to get or renew a License to Carry. Federal prohibitions can attach independently of what state court does.

1
Texas Legislature Online. House Bill 1927 – Firearm Carry Act of 2021
2
State of Texas. Texas Penal Code 46.02 – Unlawful Carrying Weapons
3
State of Texas. Texas Penal Code 12.21 – Class A Misdemeanor
4
State of Texas. Texas Penal Code 46.03 – Places Weapons Prohibited
5
State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment
6
Transportation Security Administration. Civil Enforcement
7
Texas State Law Library. Businesses and Private Property – Section: Signs to Ban Unlicensed Carry of Firearms
8
State of Texas. Texas Penal Code 46.04 – Unlawful Possession of Firearm
9
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
10
Office of the Law Revision Counsel. 18 USC 924 – Penalties
11
Office of the Law Revision Counsel. 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities
12
State of Texas. Texas Penal Code 12.33 – Second Degree Felony Punishment