Q: What is the distance of a firearm from narcotics to be a felony
A: If I understand what you ask, (possession of firearm while negotiating drugs?) I believe it must be w/i reach of the person charged.
In Texas, unlawfully carrying a weapon (such as a firearm) is a Class A misdemeanor. The offense rises to the level of a third degree felony if the gun is carried on a premises authorized to sell alcohol. The presence of drugs does not change the level of the gun charge in state court.
Many prosecutors, however, will view the presence of a gun and drugs together as evidence that the person charged is distributing or selling the drugs (as opposed to merely possessing them). Possession with intent to deliver drugs is a higher level offense than mere possession.
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