What is Texas Constitutional Carry Law?

Yee-haw, its great to be a Texan in 2021! Your 2nd amendment right to keep and bear arms has been enhanced, and now any person over 21 years of age can carry a loaded firearm on their person, without needing to obtain a License to Carry a Firearm, previously known as a concealed carry permit (subject to a few VERY important limitations and restrictions, explained below). Many of the restrictions and limitations on the ability to carry a loaded weapon in Texas are the same as the restrictions on LTC (or CHL) license holders, under the previous law.

RESTRICTIONS ON TX CONSTITUTIONAL CARRY

  • Adult (over 21 ys of age)
  • Must be carried in a holster
  • Not carrying a weapon in a prohibited place under TX Penal Code 46.03 (Educational institution, government building, business that does over 51% alcohol-sales, racetracks, airports, etc. See the Code for a full list).
  • Not carrying a weapon while also commiting a criminal offense more serious than a traffic violation under the Texas Transportation Code. This means if you are also accused of a DWI or racing on a highway, you get an unlawful carry of a weapon charge as well.
  • Not convicted of a felony in any state or Federal court
  • Not convicted of certain Misdemeanors within the last 5 years: Assault , Deadly Conduct, Terroristic Threat, Discharge of a Firearm in a Public Place, or Display of a Firearm in a Public Place in a Manner Calculated to Alarm.
  • Not released from confinement or community supervision for Assault – Family Violence within the last 5 years.
  • Not on probation, parole, or other type of court-ordered supervision prohibiting you from possessing firearms.
  • Not subject to a protective order, or mental health order prohibiting you from possessing firearms.

FULL TEXT of the Texas Penal Code Section 46

KNOW THE LAW BEFORE YOU CARRY A FIREARM

Every persons situation can be unique. If you have any question about whether or not you can legally carry a firearm, PLEASE contact an attorney and make sure, BEFORE you decide to excercise your rights under the new Consitutional Carry law in Texas.

CHARGED WITH A WEAPON OFFENSE?

If you have been arrested for unlawful possession of a firearm, felon in possession of a firearm or ANY gun crime, call LeGrande Law NOW! Gun and other Weapon crimes are prosecuted in Texas, you need an aggressive criminal defense attorney to fight for your freedom and make sure that justice is done.

Contact Criminal Defense Lawyer Tristan LeGrande IMMEDIATELY 

281-684-3500

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Criminal defense attorney Tristan LeGrande

THAT CASE YOU GOT DISMISSED IS STILL ON YOUR RECORD

Whew!

You found yourself locked up and jammed into a daunting and confusing court system.  But you made it out unscathed!  You (or more likely your lawyer) ere able to get the charges DISMISSED!

All good, right? WRONG!

Just because you got your charges dismissed does not mean that your record is clear.  Far from it.  ALL of the information about your case is still public information that is available to anyone to find.  That means that employers, apartment complexes, state licensing agencies, etc. will see the case on your record, even though it was dismissed.  A distinction needs to be made here: it is still on your record, but it does show as “Dismissed.”  You do not have a conviction for the offense on your record.

So What shows up whenever the charges are dismissed?

EVERYTHING.  That means the mug shot, the probable cause statement that is often contained on the Criminal Complaint or Indictment.  The case disposition, including the judgment and terms of probation is also visible to anyone that wants to see it.

That means you may have had that drug case, assault or theft dismissed…but everyone can still see it!

What can I do about things on my record that are dismissed?

Expunctions – Who is eligible?

ONLY for offenses where you have been found not guilty (Acquittal), MIsdemeanor offense was dismissed, Felony charge was No-Billed, Felony Complaint was dismissed, or the Felony Indictment was dismissed. Also, those that have completed deferred adjudication for a class-C misdemeanor are eligible.

Expunctions – What is the process?

You may file for an expunction to have records relating to the offense taken off your criminal record. Some may qualify for expunction immediately (No-Bills), but for felony indictments…Two Routes, (1) Statute of limitations has run, or (2) you meet one of the waiting periods once the indictment was dismissed (you meet the 3-year catch-all under Tx R Crim P. 12.01(7), 5-year wait period for Theft, Robbery, or burglary, 7 year waiting period for Credit Card abuse, or 10 year waiting period for forgery).

Expunction – One major exception

Defendant convicted of or remains subject to prosecution for the same criminal episode. (Ie…you could still be charged for other offenses relating to the same conduct).

Non-Disclosure – Who is eligible?

Anyone who has successfully completed deferred adjudication. You have not been released from deferred adjudication for one of the exceptions.

Non-Disclosures – What is the process?

File a petition for non-disclosure and pay the applicable filing fee in your county. Certain waiting periods are in place for certain offenses, and are as follows: 5-years for all felonies, 2-years on some misdemeanors (abuse of corpse, public lewedness, bigamy, cruelty to animals).

Non-Disclosures – Who is NOT eligible?

Anyone that has completed deferred adjudication for a sexual offense, violent offense, for harming children, or for a charge of family violence.

Non-Disclosures – WHEN YOU STILL MAY NOT BE ELIGIBLE

It is at the judges discretion whether or not to grant the non-disclosure, and it is the burden of the petitioner to prove that granting the non-disclosure is in the best interest of justice, and the person applying for the non-disclosure.

NEED HELP CLEANING UP YOUR RECORD?

Call Houston Criminal Defense Attorney Tristan LeGrande

to get an Order of Non-disclosure or criminal records Expunged today!

Contact Criminal Defense Lawyer Tristan LeGrande IMMEDIATELY by calling 281-684-3500.

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Criminal defense attorney Tristan LeGrande

SEE CLIENT REVIEWS OF LEGRANDE LAW **HERE**