Texas-Book-Gun Law Armed And Educated - Flipbook - Page 268
Who is prohibited from possessing a firearm in a public place under
Texas law?
1) felons: A person who has been convicted of a felony. See Tex.
Penal Code § 46.04(a).
2) people convicted of Assault Family Violence: A person who
has been convicted of a Class A misdemeanor assault involving
a family or household member before the fifth anniversary
or release from confinement or community supervision
(whichever is later). See Tex. Penal Code § 46.04(b).
3) people under Certain Protective Orders: A person, other than a
peace officer, subject to a protective order, who received notice
of the order and before the expiration of the order. See Tex.
Penal Code § 46.04(c).
Requirement 3: Within the past five years, the person must not
have been convicted (a final judgment of guilt) of certain offenses:
1) Assault Causes Bodily Injury. See Tex. Penal Code § 22.01.
2) Deadly Conduct. See Tex. Penal Code § 22.05.
3) Terroristic Threat. See Tex. Penal Code § 22.07.
4) Disorderly Conduct - Discharging a Firearm. See Tex. Penal
Code § 42.01(a)(7).
5) Disorderly Conduct - Displaying a Firearm. See Tex. Penal
Code § 42.01(a)(8).
Note: Although carrying a handgun in a motor vehicle or watercraft
is not generally referred to as “constitutional carry,” a person
who is a member of a criminal street gang and does not have an
LTC is generally prohibited from carrying a handgun in a motor
vehicle or watercraft. The law has moved from Texas Penal Code
Section 46.02(a-1)(2)(C) to Texas Penal Code Section 46.04(a-1).
Interestingly enough, this prohibition does not extend to a person
who is a criminal street gang member but otherwise qualified to
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