Last Updated on September 29, 2025 by Beltz Law Group
Unlawful Carrying of Weapon
In Texas, the right to carry a firearm is a fiercely debated and often complex topic. While recent legislative changes have expanded the ability of law-abiding citizens to carry handguns, the offense of Unlawful Carrying Weapons (UCW) under Texas Penal Code Section 46.02 remains a significant concern for many. At The Beltz Law Group, we understand the nuances of these laws and are dedicated to defending your rights in North Texas.
Lawful vs. Illegal Carrying: A Critical Distinction
For many Texans aged 21 and older who are not otherwise prohibited from possessing a firearm, the concept of “Constitutional Carry” allows for the carrying of a handgun in most public places without a License to Carry (LTC). This means that simply having a handgun on your person or in your vehicle is generally not illegal if you meet the basic requirements.
However, the line between lawful and unlawful carrying can quickly blur, and understanding this distinction is crucial. Texas Penal Code 46.02 outlines specific circumstances where carrying a weapon becomes illegal, even for those who would otherwise be permitted to do so. These can include carrying while intoxicated, carrying in certain prohibited locations (such as schools, polling places, or courthouses), or carrying by individuals with specific criminal histories.
The Most Common Scenario: UCW as an Ancillary Charge
One of the most frequent situations in which individuals find themselves facing a UCW charge is when they are already engaged in other criminal activity, even if that activity is unrelated to the firearm itself.
Consider this common scenario: An individual is pulled over for suspicion of Driving While Intoxicated (DWI) or is found to be in possession of marijuana. They are otherwise legally entitled to carry their firearm and are doing so in a permissible manner. However, because they are now engaged in criminal activity (other than a Class C misdemeanor), the act of carrying the weapon can then be designated as “unlawful” by law enforcement.
It’s important to stress that in these instances, the individual’s right to carry the weapon isn’t inherently forfeited until they are found guilty of the underlying offense. However, the connection to other alleged criminal behavior provides police and prosecutors with an opportunity to add a UCW charge, creating an additional legal hurdle.
Range of Punishment for UCW
The punishment for Unlawful Carrying Weapons in Texas generally depends on the specific circumstances of the offense:
- Class A Misdemeanor: In most cases, UCW is a Class A Misdemeanor. This carries a potential punishment of up to one year in county jail, a fine of up to $4,000, or both.
- Third-Degree Felony: The charge can be elevated to a Third-Degree Felony if the offense occurs on premises licensed to sell alcoholic beverages. A Third-Degree Felony carries a potential punishment of 2 to 10 years in state prison and a fine of up to $10,000.
UCW as a “Bargaining Chip”
UCW Charges In Texas
In many cases, a UCW charge, especially when filed alongside another criminal offense, serves as a significant “bargaining chip” for prosecutors. It’s a common strategy for prosecutors to offer to dismiss the UCW charge in exchange for the defendant surrendering the weapon. This often comes as part of a plea offer on the underlying charge (such as DWI or marijuana possession) that initially led to the UCW accusation.
This tactic can be highly effective for the prosecution, as it simplifies their case and often results in the removal of a firearm from circulation, regardless of whether the initial carrying was otherwise legal. For the accused, it presents a difficult choice: fight both charges, or accept a deal that may reduce the severity of the primary charge but results in the loss of their weapon.
Criminal Defense Attorney
Don’t Face a UCW Charge Alone – Contact The Beltz Law Group
Navigating the complexities of Texas firearm laws and criminal defense requires experienced legal counsel. If you are facing an Unlawful Carrying Weapons charge in North Texas, whether as a standalone offense or in conjunction with other accusations, The Beltz Law Group is here to help. Our attorneys are highly experienced in defending these types of charges and understand the strategies used by prosecutors. We will work tirelessly to protect your rights, explore all available defenses, and seek the best possible outcome for your case.
Don’t let a UCW charge jeopardize your freedom and your rights. Contact The Beltz Law Group today for a consultation.
