What is the penalty for a felon, family violence assault, or individual with a protective order unlawfully carrying a weapon?

The penalty for a felon, family violence assault, or an individual with a protective order who unlawfully carries a weapon is classified as a Second Degree Felony (2DF). This classification reflects the seriousness of the offense, particularly given the potential threat to public safety and the additional factors of previous convictions or protective orders related to family violence situations.

Under Texas law, the unlawful carry of a weapon becomes more severe when the individual has a history of felony convictions or is subject to certain protective orders, indicating a higher risk of violence. By assigning a second-degree felony classification, the law seeks to deter individuals from engaging in behaviors that could lead to further acts of violence or endanger others.

Understanding this penalty framework is crucial for peace officers as it helps in making informed decisions during arrests, filing charges, and explaining the legal implications to those involved. Additionally, this knowledge aids in promoting community safety by addressing offenders with a more significant level of accountability.