What are Gun Crimes in Fort Worth, Texas?

Gun crimes are crimes committed with the use of firearms. Gun crimes may include; robbery, sexual offenses, assault, etc. any crime that involves the use of guns can be considered a gun crime.

In Fort Worth, gun-related crimes are guided by the Texas Penal Code. Chapter 46 of the Texas Penal Code provides for crimes relating to the use and possession of a firearm and the punishment for each of these crimes. They include:

Unlawful carrying of weapons – a person commits this crime if they intentionally and recklessly carry a handgun. A person found guilty of this offense would face punishment for either a class A misdemeanor, Class C misdemeanor, a felony of the second degree, or felony of third-degree, depending on certain factors, like the age of the person, where the person was found with the gun, etc.

Places where weapons are prohibited – there are certain places where guns are strictly prohibited in Fort Worth, these places as provided by chapter 46 of the Texas Penal Code includes; school or educational institution, a polling place on the day of an election, premises of any government court or offices utilized by a court, premises of a race track, secured areas of an airport, 1000 feet around any premise located in a place designated by the Texas Department of Criminal Justice as a place of execution (chapter 43 of Texas Penal Code), any place of business that has a permit of license under chapter 25,28,32,69 or 74 of Alcoholic Beverage Code or any business place that derives 51% or more profit from the sale of alcohol beverages for on-premises consumption (Texas Alcohol Beverage Commission), a premise where a high school, collegiate or professional sporting event is taking place, unless the person is a participant and a gun is used in the event, on the premises of a civil commitment facility, on the premises of a correctional facility, on the premises of a hospital or nursing facility licensed under chapter 241 of Health and Safety Code, on the premises of a mental hospital, an amusement park, in any room where a meeting of a government entity is held, unless the meeting is an open meeting and prior notice was given.

This offense can be categorized as a class A misdemeanor, a class C misdemeanor, or a felony of the third degree.

Unlawful carrying of a handgun by a license holder – a license holder may be liable for illegal carrying if they carry their handgun in any manner or to any place prohibited by the Texas Penal Code. This offense can be categorized as either a class A misdemeanor or a felony of the third degree.

Prohibited weapons – a person commits this crime if they manufacture, possess, transport, repair, or sell any of the firearms prohibited by the Texas Penal Code, which includes; an explosive weapon, a machine gun or short-barrel firearm, armor piercing ammunition, a chemical dispensing device, a zip gun, a tire deflating device and an improvised explosive device. 

This offense is categorized as a third-degree felony except in the case of a tire deflating device, which is considered a state jail felony.

Unlawful transfer of certain weapons – a person is guilty of this crime if they give a handgun to the following persons; a person who intends to use the gun unlawfully or in the commission of an unlawful act, a child younger than the age is 18 years, a person who is intoxicated, a person who has been convicted of a felony and a person without an active protection order. 

This crime is categorized as a class A misdemeanor.

Making a firearm accessible to a child – a child under this section of the Texas Penal Code is a person younger than the age of 17. A person is guilty of this crime if they put a readily dischargeable firearm in a place where a child can access it. This crime is categorized as a class C misdemeanor, except the gun was used by the child to cause harm to himself or another person, then it would be classified as a class A misdemeanor.

Firearm smuggling – a person is guilty of this crime if the person engages in any business that involves transporting or transferring firearms in violation of the Texas state laws. This crime is classified as a felony of the third degree. However, where it involves two or more firearms, it would be classified as a felony of the second degree.

Other gun crimes, as stated in the Texas Penal Code, include: unlawful possession of a firearm, interstate purchase of firearms, and possessing explosive components.

How Many Gun Crimes are Committed with a Legally Obtained Firearm in Fort Worth, Texas?

The Texas Department of Public Safety is an official department under the Texas government with the core responsibility of educating Texans about public safety, ensuring law enforcement, protecting the community, preventing crime, and arresting criminals.

The Texas Department of Public Safety provided a 2020 statistic of the number of crimes committed by a handgun license holder in Texas. The figures are as follows:

Out of a total number of 26,304 recorded convictions, the following was committed by a hand gun license holder; 1 out of 107 aggravated assaults against public servant,1 out of 294 aggravated assaults causing severe bodily injury, 4 out of 1441 aggravated assaults with deadly weapon, 2 out of 794 aggravated robberies, 1 out of 44 aggravated sexual assaults, 7 out of 409 aggravated sexual assaults (child), 10 out of 3885 assaults causing bodily injury, 17 out of 8232 assaults causing bodily injury (family member), 2 out of 878 assaults by family member impeding breath, 1 out of 1499 assault by household member previously convicted, 12 out of 427 deadly conduct,1 out of 147 harmful conduct (discharge of firearms), 8 out of 178 indecency with child (sexual conduct), 2 out of 372 injury on child/elderly/disabled, 4 out of 43 invasive visual recording, 1 out of 3 firearm access to child, 3 out of 143 murder, 1 out of 33 prohibited weapon, 1 out of 49 prohibited weapon knuckles, 1 out of 42 continuous sex abuse of child (victim under 14), 2 out of 108 sexual assaults, 11 out of 364 sexual assault with child, 2 out of 579 terroristic fear, 1 out of 641 terroristic fear to family, 5 out of 13 unlawful carrying of handgun and 13 out of 1049 unlawful carrying of weapon.

It resulted in a total number of 114 convictions by handgun license holders and a percentage of 0.4334% of the total number of crimes convicted in Texas in 2020.

Who Can Possess a Gun in Fort Worth, Texas?

The Texas State Law Library on owning and possession of firearms provides that the following category of persons are allowed to carry a handgun:

▪ A person who is at least 21 years of age.

▪ A person who does not have a prior felony conviction, as described in chapter 46 of the Texas Penal Code.

▪ A person who does not have a recent conviction for certain types of misdemeanors as described by chapter 46 of the Texas Penal Code.

▪ A person who must not be subject to an unexpired protective order described in the Texas Penal Code.

▪ A person who is not restricted from possessing a firearm under federal law as described in chapter 18 of the United States Code.

▪ A person must not be intoxicated except in certain situations described in the Texas Penal Code.

The new Texas law further provides that anyone who is prohibited by the federal or state laws from carrying a handgun would not be allowed to be in possession of one.

The Gun Control Act of 1986 also provides for a category of people who cannot own a gun in the United States. They include:

▪ A felon (anyone who has been convicted of any crime punishable by a term of imprisonment exceeding one year).

▪ A fugitive from justice.

▪ An unlawful user or addict to any controlled substance.

▪ A person who has been adjudicated of a mental defect or committed to a mental institution.

▪ A person who has been admitted to the United States according to a nonimmigrant visa or is an unlawfully present alien.

▪ A person who has been dishonorably discharged from the Airforce.

▪ A person who has renounced their United States citizenship.

▪ A person who has been convicted in any court of a misdemeanor crime of domestic violence.

▪ A person subject to a court order prevents them from harassing, stalking, or threatening an intimate partner.

The Gun Control Act of 1986 also provides for those in the business of firearms, such as importers, manufacturers, and dealers. These set of people are referred to as Federal Firearm Licensees, and they are required to get a license to the federal government, pay an annual fee and meet the following requirement:

▪ Must be at least 21 years of age.

▪ Must have a premise from which they conduct business, and this premise must satisfy the safety standards.

▪ After licensing, they must keep a record and report all firearms and identify them by their serial number.

▪ A Federal Firearm Licensee must comply with all the requirements or risk losing his license.

To become a licensed gun holder in Texas, the following items would be required:

▪ A valid driver’s license or identification card.

▪ Current demographic, address, contact, and employment information.

▪ Residential and employment information for the last five years (this applies to new users).

▪ Information regarding any psychiatric, drug, alcohol, or criminal history.

▪ Valid email address and valid credit card.

It should be noted that all fees paid for acquiring a handgun license are non-refundable.

What if My Gun is Stolen and Used in a Crime in Fort Worth, Texas?

When a gun is found in a crime scene or if a firearm is used to commit a crime, it is the duty of The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to trace the gun to its manufacturer or license holder who may be held responsible for the crime. However, it is advisable to report the case of a stolen or missing gun to any local law enforcement like the Fort Worth Police Department before the gun is used to commit a crime.

How Often is a Gun Used to Stop a Crime in Fort Worth, Texas?

When a gun is used to stop a criminal act, it is known as Defensive Gun Use. Defensive Gun Use is when an individual or law enforcement agent uses a gun to prevent a person from committing a crime or causing any harm or injury.

National Crime Victimization Survey (NCVS) is the primary source of information on criminal victimization in the United States. They estimated 65,000 incidents of defensive gun use in the United States between 1987 and 1990.

Consequences for Immigrants with Gun Crime Convictions

An immigrant or alien found guilty of a gun crime in the United States would either face removal from the state or be detained for the offense. The degree of the gun crime determines if the immigrant would face removal or detention for the offense. In line with the United States Code, If an immigrant is convicted of purchasing, selling, owning, or possessing any firearm or destructive device that violates any law, that immigrant would be deported.

The United States Code also provides that any form of illicit trafficking of firearms, destructive devices, or explosive materials would be considered an aggravated felony and could lead to removal from the country.

In the case of detention, the United States Code provides that any immigrants who have been convicted of multiple firearm offenses would trigger mandatory detention.

Fort Worth Weapons and Firearms Violation Attorneys

When charged with a firearm violation in Fort Worth, the services of a Firearm Violation Defense Attorney would be required. A Firearm Violation Defense Attorney specializes in representing a person who has been accused of a firearm violation or gun crime and providing possible defenses for the accused person.

The work of a Firearm Violation Defense Attorney begins with an interview of their client and other witnesses in the case. The Defense Attorney also reviews the evidence against their clients and weighs how strong or weak the evidence can be when used against them. Finally, the Defense Attorney can consider the weaknesses in the evidence and come up with a possible defense for their client.

Gun Charge Legal Defence in Fort Worth, Texas. 

If a person is convicted of a firearm violation, some of the possible defenses that can be used include:

• Self-defense – this is the most common defense in cases of gun crimes. For example, an accused person may plea that they were forced to use the gun to protect themselves from harm. Self-defense mostly comes into play when the life or property of a person is threatened, and in a bid to protect it, they cause harm to another person. Self-defense may be intentional or unintentional. Chapter 9 of the Texas Penal Code provides for reasonable use of defense to protect one's self.
• Second Amendment – this defense is in line with the provision of the United States Constitution that gives people the right to bear arms. An accused person may use this constitutional provision in his favor and as a defense when charged with a gun crime.
• Ignorant of possession – a person who has been accused of a gun crime may insist that they were not aware of the gun in their possession or there was a possibility that they were framed.

Gun Enhancement Defenses

When a person is convicted of a crime, there can be an enhancement or increment in the punishment if a gun or firearm was used to commit the crime. For example, a person convicted of assault may get an additional jail term if the assault was carried out using a firearm. Some of the defenses that can be argued in the case of a gun enhancing charge include:

• Unlawful search – this defense is in line with the fourth amendment provision of the United States Constitution. The provision protects people from unreasonable and illegal searches. A person faced with a gun-enhancing charge may suppress the weight of evidence by proving that the evidence was obtained through an unlawful search.
• Alibi – this defense establishes that the accused person was not anywhere around the crime scene when the crime was committed. This defense can be used for most criminal charges. The accused person may also provide evidence that they were in a different location when the crime was committed.
• Gun was not used – a person facing a gun enhancement charge may prove that a gun was not used in the commission of the crime to avoid the extra punishment.

Lastly, an accused person may negotiate a plea bargain with the prosecutor. A plea bargain is an agreement between the prosecutor and the defendant, where the defendant agrees to plead guilty to the charges against him in other to get a lesser sentence.