The charge of unlawful carrying of a weapon charges are quickly on the rise in Texas due to the fact that more and more people are choosing to carry firearms.  This coupled with the potential of being pulled over and charged with a crime has increased the filing of unlawfully carrying of a weapon in Texas.  This area of law if very complex and constantly changing.  This page will outline generally the issues and laws related to unlawfully carrying of a weapon in Texas and possible defenses that can be used to resolve the charge.  After reading this page, if you would like to discuss your unlawful carrying of a weapon charge in Texas with our experienced team of lawyers, feel free to contact our office at 214-321-4105.

Unlawful Carrying of A Weapon Laws In Texas

The crime of unlawfully carrying a weapon in Texas is made complex by the number of places and situations that disallow a firearm to be carried.  Based on the place and situation a person could or could not be charged depending on the circumstances.  The laws that pertain to these types of charges are contained in 2 main sections of the Texas Penal Code.  Chapter 46 and Chapter 30 work together to create the basic outline of an offense of unlawfully carrying a weapon in Texas.  Chapter 46 relates to the actual carrying of the weapon or firearm, whereas Chapter 30 relates to the locations that a firearm or weapon are legally allowed.  First, it is best to outline some basic definitions to have a general understanding of the words that are used when defending a charge for unlawfully carrying a weapon in Texas.

• “Firearm” means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.
• “Handgun” means any firearm that is designed, made, or adapted to be fired with one hand.
• “Holster” has no legal definition any longer.  It is a fact issue that must determined by the judge whether or not to consider what the gun was being carried in would be considered a holster or not.
• “Carry” means having the item nearby where it can be reached for without changing positions.
• “Premises” includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent.
• “Recreational Vehicle” means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.

These are the most common phrases related to handguns.  As one can see they have a very specific meaning in the law and must be applied to the case at hand.  The actual charge of unlawfully carrying of a weapon is located in Chapter 46.02 of the Texas Penal Code and states the following:

UNLAWFUL CARRYING WEAPONS:  A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun and at the time of the offense, is younger than 21 years of age or has been convicted of an assault based offense or was convicted in the previous 5 years of an assault based offense and was not located in their home.  A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person’s control at any time in which the handgun is in plain view, unless the person is 21 years of age or older or is licensed to carry a handgun and the handgun is carried in a holster or the person is engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating or prohibited by law from possessing a firearm.

This is a condensed version of the statute for purposes of this article.  The complete language of the statute can be found in Chapter 46 of the Penal Code.

Possible Defenses Related To Unlawful Carrying of A Weapon Cases

This section of the article will address the most common type of unlawful carrying of a weapon charge and possible defenses to the charge.  In many cases, a UCW charge is filed after being pulled over for driving while intoxicated.  Once the officer searches the vehicle, they find the firearm and then file the charge as a companion case with the DWI.  The premise is based on the language of 46.02 that states that “the person is engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic.”  Because a DWI is a class b misdemeanor in most cases, and is not a traffic ticket offense, then the carrying of a firearm can be considered illegal.  We have seen the extreme cases of an officer pulling over a client and charging them with unlawful carrying of a weapon when there was nothing more than a drug paraphernalia ticket issued.  Remember, anything non-traffic related that is considered a crime while you are in your vehicle can be considered enough for the unlawful carrying of a weapon charge to be filed.  So how does an experienced criminal defense lawyer fight a UCW charge?

By taking a closer look at the definitions above, you can see that the word, “carry” has a specific legal definition.  Remember that the word carry means having the item nearby where it can be reached for without changing positions.  So an experienced UCW defense attorney needs to take a good look at exactly where the firearm was located in the vehicle.  If it was in a tool box under lock and key would that meet the definition of carrying?  It is your attorney’s responsibility to argue that it is not.  This is one of the first issues our criminal defense attorneys look to when defending unlawfully carrying a firearm cases.

Next, if the crime meets the legal definition, can the case be dismissed based on a plea bargain?  For example, lets say that the driving while intoxication charge is clear.  Let us also say that there is a deal that has been presented to the defendant and that the deal is acceptable or at least being considered.  In that case, can the UCW charge be dismissed in exchange for pleading to the underlying charge?  If so, that may be a way to resolve 2 cases for the price of 1.  In most cases, a condition of this type of agreement will be to forfeit the weapon at issue.  This needs to be considered when entering into these types of agreements as well.

Punishment Range For Unlawfully Carrying A Weapon In Texas

In most cases, a charge of unlawfully carrying a weapon will be filed as a class “a” misdemeanor.  This means that a person could be subject to 1 year in county jail as well as a $4000.00 fine.  These 2 categories need to be addressed as well.  For example, if the gun that was seized is worth $1000.00 and the prosecutor is offering a $1000.00 fine, the attorney better be in the ear of the prosecutor telling them to set the fine at $0.00 based on the fact that the client has already lost that amount due to the seizure of the weapon.

Hire An Attorney For An Unlawful Carrying of A Weapon Case In Texas

If you need assistance with an unlawful carrying of a weapon case in Texas and live in the Dallas Fort Worth area, feel free to give our criminal defense attorneys a call today.  Our lawyers would be happy to sit down with you to evaluate the facts of your UCW charge and come up with a sound legal plan to get you the best result possible based on your circumstances.  Don’t fight a criminal charge of unlawfully carrying a weapon alone.  Get solid legal advice and counsel.  It can make all the difference.