In Texas, citizens are permitted to carry concealed weapons through the Licensed to Carry (LTC) laws. This law ensures that Texans can carry their guns, concealed or openly. For years, a Concealed Handgun License (CHL) was the law of the land. But, since gun owners can open carry these days, the term CHL is no longer being used.
In Texas, the LTC is not required anymore, either. But, in some cases, it is useful. With an LTC, you can legally carry in 38 states and in places that you would not be allowed to without the permit, such as near schools and colleges. By having an LTC, formerly a CHL, you have the right to carry a gun to protect yourself.
Federal laws, as well as Texas laws, impose certain restrictions on gun ownership following a felony. If you have been convicted of a federal crime, like a third DWI, intoxication manslaughter or assault, or a DWI with a child, you will lose your right to own or carry a firearm.
Currently, federal laws are more strict than Texas gun laws. Texas Penal Code § 46.04 states that someone with a felony conviction may own a gun five years after completing their sentence. The gun owner must keep the firearm on their own premises and in their home. But, strangely enough, if law enforcement finds that you possess a gun, you can be charged since federal law differs from Texas law and does not permit gun ownership five years after the penalties of a felony have been fulfilled.
If gun ownership matters to you, and you are facing a felony DWI, you will want to ensure that your legal team is ready to advocate for you and your Second Amendment rights. Law-abiding citizens who have gone through the steps that allow them the benefits that a CHL, or LTC, provides can make one mistake that leads to an Unlawfully Carrying a Weapon (UCW) charge.
Even if the weapon is not on their body at the time of the arrest, and they are licensed to carry it, they can still face both a DWI and a UCW charge that both require bond payments, two cases before the court, and double the legal costs as well. This comes as a surprise to most gun owners who have gone through the licensing process.
Your gun-carrying privileges may be revoked for five years if you are convicted of a misdemeanor, such as a first-time DWI. If your case is dismissed after the probation of deferred adjudication, your gun permit may still be suspended. If you are convicted of two DWIs within ten years, you may be considered a person with a chemical dependency. This possibly disqualifies you from owning a gun even after the five-year period is behind you.
In the case of a dismissal of the DWI charge, or if you are not convicted, your right to apply for an LTC, formerly called a CHL, is intact.
Even if the weapon is not on their body at the time of the arrest, and they are licensed to carry it, they can still face both a DWI and a UCW charge that both require bond payments, two cases before the court, and double the legal costs as well. This comes as a surprise to most gun owners who have gone through the licensing process.
Being charged with a DWI and all of the consequences that follow such an arrest can be confusing. An experienced Houston criminal defense attorney from the Law Office of David A. Breston is your best line of defense against losing your driving privileges and the right to own and carry a gun. Contact us today to begin fighting the charges filed against you.