What is Unlawful Carrying of Weapons in Texas?
Texas law recognizes the right of its citizens to carry handguns for their own protection—under certain circumstances. Under Texas law, you are allowed to carry a handgun or a club on any property you own or control. This includes a boat you own, as well as your motor vehicles. If you have a license to carry a firearm—or you fall under certain categories—you may legally carry firearms beyond your own property.
Under Texas Penal Code Section 46.02, if you knowingly, intentionally, or recklessly carry a handgun on your person, and you are younger than 21, have been convicted of a specific offense during the prior five-year period, are not licensed, and are not on your own premises or inside your own motor vehicle or watercraft, then you have committed an offense.
Exemptions to Texas Unlawful Carrying of Weapons Law
There are certain categories of people who are exempted from the Unlawful Carrying of Weapons law, including the following: Security officers, Law enforcement officers, Certain military members, Court officials, Those who are traveling, Hunters, Those possessing a handgun license, Under certain circumstances, animal control officers, Those engaged in a historical reenactment and Those who hold an alcoholic beverage permit.
What About Those with a Concealed Handgun License or a License to Carry?
Under the new open carry law in Texas, those with a License to Carry are allowed to carry firearms openly in a shoulder holster or a belt holster. If you possess a Concealed Handgun license, your attorney may be able to have your Unlawful Carrying of a Weapon charges dropped. Even if you are licensed to carry a weapon, you may not “intentionally display” that weapon under the following circumstances:
- You may not intentionally display your handgun in a public place unless the handgun is in a holster.
- You may not intentionally display your handgun at an institution of higher learning, even in a holster, if it is the least bit visible. When carrying a handgun is prohibited in an institute of higher learning, you may not carry one under any circumstances.
- You may not intentionally display your handgun on any licensed premise that derives more than 50 percent of its income from the sale of alcohol.
- You may not intentionally display your handgun at a prison, a jail, a church, an amusement park, or at certain government meetings.
- You may not intentionally display your handgun when you are intoxicated.
There are certain misdemeanor and felony convictions in the state of Texas that can result in a suspension of an individual’s handgun license.
What are the Defenses to the Charge of Texas Unlawful Carrying of Weapons?
If you have been charged with Unlawful Carrying of Weapons in the state of Texas, your exact defense will depend on the circumstances surrounding your charges and will depend on whether there exists an underlying criminal offense, whether you were on your own premises, and whether you “intentionally, knowingly, or recklessly” carried the weapon. Perhaps your spouse placed the gun in your bag, then forgot to mention it to you. In this situation, there was no intent on your part. As far as the “underlying criminal offense,” if the state is unable to prove that offense, then you would not be guilty of UCW either.
Penalties for an Unlawful Carrying of Weapon Conviction
If you are convicted of UCW, you are facing a Class A misdemeanor, unless you were on-premises licensed to sell alcoholic beverages, which makes the UCW a third-degree felony.
A Class A misdemeanor is punishable by up to a year in County jail, along with a fine of up to $4,000. A third-degree felony is punishable by a fine as large as $10,000 and from 2-10 years in prison. If you have been charged with Unlawful Carrying of Weapons, it is extremely important that you contact an experienced Texas criminal defense attorney as quickly as possible.
Contact Our Experienced Houston Criminal Defense Attorneys Today
If you have been arrested and charged with a gun crime in Houston, you need a Houston criminal defense lawyer who understands the severity of the charges filed against you. At Roger G. Jain & Associates, P.C., our Houston criminal defense attorneys will work tirelessly to protect you after an arrest.
Don’t take gun charges lightly. Call us today at 713-981-0600 or fill out our confidential contact form, and begin building your defense. We are here to help you through this difficult time.
Roger Jain is a dedicated trial lawyer who assists his clients in the following areas of practice: civil litigation, business law, criminal defense, juvenile law, estate planning and family Law.