Last Updated on July 23, 2025 by Beltz Law Group
Unlawful Carrying of a Weapon (UCW) in Texas: When a Ticket Can Lead to More Serious Charges
Unlawful Carrying of Weapon Laws Texas
Many people charged with Unlawful Carrying of a Weapon (UCW) in Texas after receiving a ticket often ask: “Can I be charged with UCW if I was legally carrying my weapon but only got a traffic ticket?” The answer, as with many legal questions, is: it depends on the type of ticket issued.
This article will explain which types of tickets can lead to a UCW charge and what steps you can take to defend against it. If you’d like to discuss your specific case with an experienced criminal defense lawyer, please feel free to contact our office at 214-321-4105. We’re here to help.
Understanding Texas’s Unlawful Carrying of a Weapon (UCW) Law
The core of the Unlawful Carrying of a Weapon (UCW) statute in Texas is found in Texas Penal Code Section 46.02. While the entire statute is important, the specific language relevant to this discussion is:
(a) A person commits an offense if the person: … (2) is engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating.
This particular wording is critical to understanding when a ticket might escalate to a UCW charge. The statute clearly creates an exception: if you are pulled over by a police officer and issued a ticket for a violation related to traffic or boating, it generally does not give the officer grounds to also charge you with UCW, assuming you were otherwise legally possessing the weapon.
Types of Tickets That Could Lead to a UCW Charge
Lawyer For Unlawful Carry of Weapon
In Texas, traffic tickets are typically considered “Class C misdemeanors.” While these are indeed “crimes,” they are usually handled by issuing a citation, and the individual is not typically arrested. The expectation is that the person will contact the court to resolve the citation.
However, there are other types of Class C misdemeanors that are considered more serious and are not related to the regulation of traffic or boating. If an officer encounters you carrying a weapon while you are allegedly engaged in one of these “non-traffic/boating” Class C misdemeanors, it can provide them with probable cause to also charge you with Unlawful Carrying of a Weapon.
Here are examples of Class C misdemeanors that are not related to traffic or boating and could potentially lead to a UCW charge if you are simultaneously carrying a weapon:
- Possession of Drug Paraphernalia (Health and Safety Code Chapter 481): This involves possessing items used to consume drugs.
- Public Intoxication (Penal Code Section 49.02): Being in a public place while intoxicated to the degree that you may endanger yourself or others.
- Open Container (Alcoholic Beverage Code Section 101.07): Possessing an open alcoholic beverage container in a public place.
- Theft (Penal Code Section 31.03): The unlawful appropriation of property with intent to deprive the owner of it, when the value is low enough to be a Class C misdemeanor (e.g., less than $100).
- Disorderly Conduct (Penal Code Section 42.01): Engaging in certain disruptive or offensive behaviors in public.
Unlawful Carrying Of A Weapon In Texas
Important Note: The charges listed above are examples. If an officer alleges that you were engaged in any Class C misdemeanor that is not a violation of a law or ordinance regulating traffic or boating, it can open the door for an additional charge of Unlawful Carrying of a Weapon.
In most cases where a UCW charge is filed under these circumstances, it will be classified as a Class A misdemeanor. A Class A misdemeanor carries a maximum punishment of up to one year in county jail and/or a fine of up to $4,000. This is a significantly more serious offense than a simple traffic ticket.
Defending Against UCW Charges in Texas
The defense strategy for an Unlawful Carrying of a Weapon charge in Texas is highly dependent on the unique facts and circumstances of each individual case. It is strongly recommended that you consult with an experienced criminal defense lawyer to thoroughly review the details of your situation and explore potential defenses.
Depending on the specific circumstances and your criminal history, the possible outcomes for a UCW charge can range widely, from a complete dismissal of the charge to probation or even jail time. Taking the time to consult an attorney in your area can make all the difference in protecting your rights and your future.
Feel free to contact our criminal defense attorneys today for a confidential consultation regarding your UCW charge. We would be glad to assist you.
