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THE TEXAS DEFENDER TexasCriminalDefenseGroup.com | (888) 818-7130 JULY 2025
The Legal Limits of Firearms in Texas Locked, Loaded, and Legal?
Discharging a Firearm in Certain Locations Just because you can legally possess a gun doesn’t mean you can fire it whenever you please. If you were to shoot your gun in a crowded area, discharge it over a road or into a building, or just shoot without a target or clear purpose, you could face this charge. Recklessly discharging a firearm is a state jail felony and can come with fines up to $10,000 and up to two years in a state jail facility.
If you’ve lived in Texas long enough, you know the gun culture here is stronger than almost anywhere else on the planet. Ammo.com reports that Texas is the only state with over 1 million owned guns. The next closest state has less than 520,000! Nearly half the people living in the state own at least one gun, with many Texans possessing multiple firearms they use for hunting, shooting at a range, or protection. While guns are common in the Lone Star State, we still have plenty of laws that restrict who can carry, where you can shoot, and more. Let’s explore some of the most common gun charges in Texas, the punishments that often follow a conviction, and how our team can help protect you and your rights! Unlawful Carrying of a Weapon In 2021, Texas repealed the requirement that individuals obtain a license to carry a handgun in most public places. That doesn’t mean you can carry a gun, knife, or other weapon wherever you please. Bringing your firearm into a school, government building, polling place, or business can lead to an unlawful carrying of a weapon charge, which comes with potential fines up to $10,000 and 2–10 years in a state prison. Possession of a Prohibited Weapon While you can possess many different types of firearms in Texas, some are still outlawed and can land you in hot water if law enforcement finds you in possession of them. Explosive weapons, machine guns, zip guns, and short-barrel firearms are illegal in Texas. Even some firearm accessories can lead to trouble. For example, you can technically possess a firearm suppressor or silencer as long as it is made in Texas and remains within the state’s borders. Keep in mind that most law enforcement officers will not be able to tell if your suppressor was made in the state, so you could still face a legal battle. Possessing these weapons can lead to a third- degree felony charge with penalties that include up to 10 years in prison and $10,000 in fines for first-time offenders.
Unlawful Possession by Certain Persons Not everyone in Texas can own a gun. Convicted
felons, those convicted with a Class A misdemeanor for domestic violence, and individuals who are subject to a protective order under Chapter 7A of the Code of Criminal Procedure are all prohibited from owning firearms. However, a convicted felon and individuals with certain types of domestic violence convictions can own firearms after five years have passed since completing their prison sentence. Those who don’t meet this caveat will be facing a third- degree felony. How We Can Help Suppose you were arrested and charged with possessing a prohibited weapon, committing a crime with a gun, or any other weapon charge. In that case, you may feel like your options are limited, especially if you had the weapon in your possession at the time of your arrest. However, defenses are available to you. Our team will investigate the circumstances surrounding your arrest to determine
if the search was unlawful, the evidence was unreliable, or self-defense or a lack of intent came into play. I’ve helped countless individuals facing gun-related offenses and can help you, too!
—Stephen Hamilton
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Ditch the Tourist Traps Whenever you hear a friend or family member say they’re going to take a road trip to visit some of America’s most beautiful national parks, they usually plan to visit the Grand Canyon, Yellowstone, the Great Smoky Mountains, or Yosemite. These national parks consistently attract millions of visitors every year, but they’re far from the only must- see national parks in the country. There are 429 protected national sites within the U.S., and 63 of those have obtained the official “national park” designation in their names. (The other labels are battlefields, historic sites, monuments, recreation areas, etc.)
3 National Parks That Are Worth the Detour
mainland visitor center in Ventura by car, but the islands are only accessible by park concessionaire boats or private
boats. Make reservations in advance. Cuyahoga National Park, Ohio
If you want a unique experience, visit Cuyahoga National Park. Like many other national parks, you can enjoy hiking, rock climbing, and photography while exploring the park’s 33,000 acres. You can admire many of the 1,000 species of plants and animals throughout your exploration, but if you want to get the full experience, hop aboard the Cuyahoga Valley Scenic Railroad. Wind Cave National Park, South Dakota
If you want to experience the beauty of America without the crowds, consider visiting these destinations during your next vacation! Channel Islands National Park, California Often referred to as the Galapagos of North America, the Channel Islands are a unique area of the coast of Southern California. While visiting, you can expect to see seals, island foxes, and over 2,000 other plant and animal species, with 145 found nowhere else on Earth . You can reach the Exploring a cave might not be your first thought when considering national parks, but Wind Cave is a one-of-a- kind experience. It’s one of the longest and most complex caves in the world and has many unique features, such as frostwork, cave popcorn, and boxwork, creating unique sights with every step. Once you head back outside, a beautiful mixed-grass prairie, home to bison, prairie dogs, and more, will greet you. Out-of-State, Not out of Trouble
DWI Arrests for Visitors in Texas
Throughout the year, Texans across the state invite their friends and family to stay with them. It’s an excellent opportunity to catch up, show them your favorite places around town, and reflect on all your shared experiences. However, you need to be careful about taking your celebration too far. If your out-of-state friend or family member gets pulled over and charged with DWI while visiting Texas, they could face punishments here and in their home state. If a loved one faces this situation, they’ll have many questions. What will happen to my car? Should I worry about a license suspension or return to Texas for hearings? Let’s explore how this process commonly unfolds. If law enforcement arrests someone from out of state for a DWI, they’ll take them to the local police station for booking. This shouldn’t take long, and most people won’t need to post bail unless extreme circumstances surround their arrest. If a sober passenger is present, the police may allow them to drive the vehicle. In other cases, police will impound and tow the car before searching it for illegal drugs, weapons,
and drug paraphernalia. If they discover anything illegal, the individual may face additional charges. When arrested for DWI, police should not confiscate an out- of-state license, but they will likely issue a suspension notice, removing your privilege to drive in the Lone Star State for the foreseeable future. You may also receive a license suspension upon returning to your home state. The Driver License Compact Commission allows states to exchange information concerning license suspension and traffic violations of non-residents and forward them to their home state. The home state may take further action by removing points from a license, suspending a license, issuing further fines, or imposing additional jail time. You may need to return to Texas for specific steps in the criminal justice process. However, hiring an experienced defense attorney may make it more likely that you can return home and videoconference in for hearings and other processes. Nobody plans to get arrested while on vacation, but it can happen. Inform your visitors of the rules so they can better protect themselves and avoid legal trouble!
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A misconception floating around right now is that Americans do not need to identify themselves to police officers unless they are being actively arrested. However, this is not entirely true. While there are some specific instances where you do not have to identify yourself to law enforcement, failure to identify is a criminal charge that can lead to jail time and potentially high fines, depending on the circumstances. Under Texas Law, failure to identify occurs when an individual refuses to provide their name, address, or date of birth to a police officer when lawfully arrested or when they provide false information if lawfully arrested, detained, or are a witness to a criminal offense. This law discourages people from hiding their identity when dealing with the police. However, the law does not state that you must present your driver’s license to law enforcement or answer any questions they may ask. You do not need to identify yourself during every interaction with the police. You are not required to identify yourself if you are casually stopped by a police officer who is not detaining or arresting you, being questioned without being detained or arrested, or a passenger in a stopped vehicle, unless the officer reasonably suspects you of a crime. That said, if you are driving and pulled over for any reason, you are legally required to present your driver’s license upon request. Failure to identify is a misdemeanor charge that comes with different levels of punishment depending on the circumstances. Those who refuse to identify themselves when lawfully arrested will face a Class C misdemeanor that can result in a fine up to $500. If you provide false information when lawfully arrested, detained, or questioned as a witness to a crime, you’ll be charged with a Class B misdemeanor and could face up to 180 days in jail and fines up to $2,000. If police stop you, remember that you have the right to remain silent, the right to an attorney, and the right to refuse consent to search. If law enforcement decides to arrest you for any reason, state that you wish to remain silent and request a criminal defense attorney. You Could Be Breaking the Law Refuse to ID in Texas?
“If I could give 10 stars I would! This group not only did their best to get the best outcome for me, but they treated me like a friend as well. It’s very easy to get in contact with them if you have any questions, which was the best part.” -Caitlin HAPPY TCDG CLIENTS
Chocolate-Covered Banana Brownies
Inspired by OMGChocolateDesserts.com
Ingredients Banana Brownies • 1/2 cup unsalted butter, melted • 1/3 cup light brown sugar • 1/2 cup sugar
• 1/2 cup mashed banana • 1 cup flour Chocolate Topping • 12 oz semi-sweet baking chocolate, chopped • 1 cup heavy cream • 3/4 cup creamy peanut butter • 3–4 large bananas
• 1/4 tsp salt • 1 large egg • 1 1/2 tsp vanilla
Directions 1. Preheat oven to 350 F. Grease an 8x8-inch pan with cooking spray. 2. In a bowl, whisk together melted butter, brown sugar, sugar, and salt. Add egg and vanilla and whisk. Add mashed banana and whisk, then whisk in flour. 3. Pour the batter into the prepared pan and bake for 25 minutes, or until the center has set. 4. Place chopped chocolate in a heatproof bowl. 5. Bring heavy cream to a boil, pour over chocolate, let it sit for 1–2 minutes, then stir until chocolate is completely melted. Stir in peanut butter until smooth. 6. Slice bananas and arrange over cooled brownies. 7. Pour chocolate mixture over bananas and place in the fridge for 15 minutes before serving.
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INSIDE 1 2 The Price of Packing Heat
The Parks You’ve Never Heard Of (But Need to Visit) DWI Laws for Out-of-State Visitors Do Texans Have to Provide Identification to Law Enforcement? Chocolate-Covered Banana Brownies
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Being There for Someone Who’s Struggling The Art of Quiet Kindness Kindness That Lasts
We’ve all experienced bouts of bad mood and even occasional depression. While difficult to go through, it can be equally challenging to see someone we care about hurting and not know how to help. The main thing to remember is that providing support isn’t about fixing things; it’s about showing up in meaningful ways. Skip the pep talks and listen. For many of us, our initial instinct is to rush to lift our loved one’s spirits and help them break out of a bad mood. However, offering them space and a calm ear is often the best thing we can do. Friendly company can be comforting even if they’re not ready to talk. Just be sure they don’t feel pressure to do or say anything. This might mean bingeing a favorite TV
show together or just being with one another in the same room. Focus on small gestures. Along with providing company, you can support your loved one with simple gestures — a phone call, handwritten note, or warm meal. These acts remind them that someone cares and that they are not alone. Continuing to show up for your friend even after the rest of the world has moved on can have an even greater impact. There’s no specific script to follow, but small efforts all add up and may matter more than you’ll ever know. If you have a friend or family member going through a hard time, validating their experience and being present for
them can be all they need. While they may not remember what you said, they won’t forget you showed up and stayed when they needed you most.
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