The Second Amendment of the U.S. Constitution has long protected Texan’s right to “keep and bear Arms,” whether for self-defense or otherwise. Texas boasts a storied history of gun ownership, underpinned by the full exercise of our Second Amendment rights. Whether you own a single firearm or are a fervent gun enthusiast, it is the duty of every Texan who carries a firearm to do so in a safe and responsible manner. While Texas is known for having some of the least restrictive gun laws in the U.S., there are a few of important things to remember if you choose to regularly carry a firearm. Two of the most common issues firearm owners face are carrying in prohibited locations and negligently allowing children to gain access to a firearm.

First, as of 2021, Texans aged 21 and older who do not have a disqualifying criminal history may carry a concealed firearm without having to obtain a license to carry. The full details of the law can be found in Texas House Bill (HB) 1927. While HB 1927 notably broadened gun owners’ rights in Texas, there are still specific locations where carrying a firearm is prohibited by law. These restricted areas include secure airport areas, courthouses, polling places on election days, educational institutions, businesses displaying visible signs that ban handguns, and bars that make at least 51% of their income from alcohol sales. If you carry a firearm in any of those locations, you may be arrested and prosecuted criminally. If you are unsure of whether it is legal to carry a firearm into a specific location, please research before you do so.

Second, you must safely store/handle firearms in a manner that does not expose children to unnecessary safety risks. In 2022, there were at least 26 instances where a child gained access to a firearm and unintentionally shot and injured or killed themselves or another in Texas. If you own a gun and fail to safely store/handle it and a child gets ahold of the gun and injures or kills themselves or another, you can be prosecuted with several different criminal charges. These range in potential punishment from only a fine all the way up to years in prison.

Responsible gun ownership is a sacred right in Texas that should be protected at all costs. If you find yourself on the wrong end of the law because of a gun-related incident, don’t hesitate to call O’Connell West for a free consultation. We are proud to represent the rights of Texans all over the state.

Andrew Rountree is an Attorney in the Austin office of O’Connell West, PLLC. Andrew is Board Certified in Criminal Law and serves as a Judge Advocate in the Army Reserve. If you need a free legal consultation regarding a legal issue, call 512-547-7265.

On September 1^st a new law went into effect in Texas.  It’s now a criminal offense to electronically transmit unsolicited nude photos.  This means if you send sexual images, including selfies, via email, dating apps or social media you can be charged with a Class C misdemeanor.

Like other Class C misdemeanors, if convicted you face a fine of up to $500.00.  Equally important you will have a criminal history that will follow you for the rest of your life.

Specifically, the new law states that “A person commits an offense if the person knowingly transmits by electronic means visual material that depicts any person engaging in sexual conduct or with the person’s intimate parts exposed or covered genitals of a male person that are in a discernibly turgid state; and is not sent at the request of or with the express consent of the recipient.

Texas Governor Greg Abbot said “Many people – especially women – get unwanted sexually explicit pictures by text or social media. It’s disgusting,” “Now, it’s illegal in Texas.”

It’s only a crime if the images are sent without the consent of the recipient.  Some legal scholars believe the law may be challenged on 1^st Amendment grounds.

Attorney Doug O’Connell has practiced law for over 30 years. You can contact Doug at Doug@OConnellWest.com or (512)547-7265.