Republicans and pro-gun rights groups have battled for Texas's constitutional carry rights over the years. For many years, legal permission was required for Texas residents to carry a handgun in public. Now there are new options for a Texas gun conviction.
If a permit wasn't obtained, and if the criminal was apprehended by police in possession of a weapon, the court system would bring charges against them for unlawful handgun possession. After being arrested, the offender may be subject to probation, a fine, and/or jail time.
With the passing of the newly enacted bill that grants Texans the right to "constitutionally carry" a weapon within the state, the new bill, formally known as HB 1927 or the "Permitless Carry Bill" allows citizens in Texas to openly or discreetly carry a firearm if they are at least 21 without prior felony conviction, and avoid areas where guns are prohibited.
Texas State Representative Matt Schaefer(R), spearheaded the gun legislation.
"By working together, the House and Senate will send Gov. Greg Abbott the Strongest Second Amendment legislation in Texas history, and protect the right of law-abiding Texans to carry a handgun as they exercise their God-given right to self-defense and the defense of their families,'' Schaefer told a Texas Tribune reporter at the time.
According to the Texas District & County Attorneys Association (TDCAA), the announcement means that over 130,000 citizens can qualify for expungement if they've been previously charged with illegal gun possession.
Assistant District Attorney Brian Rose with Harris County DA Office in Houston, Texas, said his office has recently seen a barrage of petitions to have previous gun convictions expunged off defendants' criminal records due to the new state law.
Rose said that it's only the old-fashioned "carry on or about your person" type of carrying a weapon and not the other subsections that deal with carrying (a weapon) on liquor-licensed premises, etc.
Rose further explained that a regular possession of a firearm expunction "Would be just like any other expunction petition. They need to identify their case in the petition and get it filed."
A person may not qualify for expunction if they were arrested with a weapon at places and commercial businesses that post signs in bold letters prohibiting firearms in their building or anywhere on a business premises.
Legislation Impact
The impact of this legislation extends beyond just enabling Texans to exercise greater freedoms with firearms. As stated, it also offers a direct pathway for residents to clear their records for prior unlawful convictions for possessing a firearm predating September 1st, 2021.
Furthermore, if you would like to have your record cleared under Texas's new constitutional carry laws and have been found guilty of carrying a firearm unlawfully, you must get legal advice.
Citizens convicted of illegal gun possession usually have difficulty finding employment, housing, and financial opportunities. Fortunately, as previously mentioned, HB 1927 passed in Texas now allows those with a conviction or convictions for unlawful firearm possession to seek the expungement of their prior offenses---thanks to the new law.
Texas State Rep. Matt Schaefer Spearheaded HB 1927. Photo c/o Matt Schaefer
Expunging a Conviction for Unlawfully Carrying a Firearm
Decades ago, Texas authorities decided to prohibit expunctions for certain convictions including unlawfully carrying a firearm. At the time, legislators believed barring expungement for unlawful carry would deter offenders from carrying firearms and therefore decrease gun violence in the state of Texas.
Texas Gun Conviction Hit Wrong People
However, gun violence failed to decrease. The only effect the legislation had is that it caused thousands and thousands of productive citizens to be stuck with a criminal record.
The decision left Texans with little to no options and over the years it was recorded that over a hundred thousand people were convicted for unlawful carry. Fortunately, a new bill was passed known as HB 1927, also called the "Permitless Carry Bill." The bill's passing would mean Texans could open or conceal carry without fear of penalty and it meant anyone with an unlawful carry conviction could expunge the conviction after September 1, 2021.
It's important to note the bill only allows Texans to expunge an offense under Texas Penal Code 46.035 and 46.02 if a person was convicted before September 1st, 2021. Any convictions after that date cannot be expunged. You can still be charged with unlawful carry if you open or conceal carry in a prohibited area or if you're under the age of 21.
How it Works
Although the Texas expunction process is straightforward, you must have legal counsel available because any errors could impact the entire process. Importantly, after September 1st, 2021, a conviction for carrying a concealed weapon can finally be wiped clean. First, you must submit a petition to the district court with jurisdiction over your case to begin the procedure. The court with authority over your unlawful carry case must handle any expungement.
When you submit an expungement in Texas, your name will be referred to as the petitioner. Civil courts handle expungements. The prosecutor or the law enforcement agency that made the arrest usually represents the respondent or the opposing side. The court will give the respondent 30 days to respond. Assuming the judge ruled that your prior gun conviction record meets the requirements the expungement process will be approved.
After that, the court will proceed to expunge all documents and files of your arrest, charge, and final conviction at the time. Nobody, not even government entities, can access your criminal history after this process is finished.
The other party is known as the respondent, and usually, they are the police officers who arrested you.
NewsBlaze Legal Affairs Reporter Clarence Walker can be reached at [email protected]
This story is for informational purposes only. The content is not to be relied on as professional legal opinion or advice. Please contact an attorney if you need legal help concerning the issues mentioned here.