Carrying a firearm while intoxicated is a serious offense in Fort Worth, TX. It is an element in the crimes of illegal carrying of guns by the holder of a license, as well as in the illegal transfer of certain weapons. Depending on the circumstances, this offense can be classified as either a misdemeanor or a felony. Most offenses of illegal carrying of handguns by the licensee are classified as Class A misdemeanors.
However, if a licensee carries a gun intentionally, knowingly, or recklessly under the authority of Subchapter H, Chapter 411 of the Government Code, regardless of whether the gun is hidden or carried in a shoulder bag or belt, on or around the person of the licensee on the premises of a company that has a permit or license issued under chapters 25, 28, 32, 69 or 74 of the Alcoholic Beverage Code, if the company obtains 51 percent or more of their income from the sale or service of alcoholic beverages for local use and consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06 of the Alcoholic Beverage Code; or at a correctional facility facility, then it is considered a third-degree felony. Additionally, it is also considered a felony if an alleged offender sells, rents, leases, or gives or offers to sell, rent, lease, or give to a child under 18 any handgun. In addition to criminal penalties for carrying a firearm while intoxicated in Fort Worth, TX, there are also civil penalties. For example, if an individual uses or possesses a firearm with a blood alcohol content of .26%, then they are subject to criminal penalties. Furthermore, if an individual carries a gun and intentionally shows it in plain sight of another person in a public place, then they are subject to criminal penalties.
In facilities where a high school, college, or professional sports or interscholastic event is held and an individual is not participating in the event and using a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05 (a), then they are subject to criminal penalties. Research conducted by The National Academies Press has revealed that more than one-third of those killed with firearm injuries had consumed alcohol before their death and more than one-quarter had consumed alcohol to excess. This research has identified gaps in knowledge and potential policy and public health interventions to help communities assess the relative value of different alcohol-related prevention strategies and reduce firearm injuries. If you have been charged with carrying a firearm while intoxicated in Fort Worth, TX it is important to seek legal advice from an experienced Dallas-Fort Worth criminal defense lawyer. An experienced attorney can help you understand your rights and provide you with legal advice on how best to proceed with your case.
