Unlawful carry of weapon (UCW) charges in Texas revolve around the illegal carrying of many types of weapons, such as handguns, clubs, and certain knives. As of September 2021, individuals aged 21 and over can openly or concealed carry a handgun unless legally prohibited from possessing a firearm. However, that does not mean that any other type of weapon can be carried in any type of manner in any location.
Open carry requires the handgun to be holstered and visible, while concealed carry mandates no visible handguns. Both types of carry may be restricted in places like schools, government buildings, airports, and bars. Outlined in Texas Penal Code §46.02, a person commits an offense if they intentionally, knowingly, or recklessly carry a handgun or another dangerous weapon while they are not legally allowed to do so.
Additionally, in 2023, a district judge in Texas ruled that it was unconstitutional for the state to prohibit persons between the ages of 18 and 20 from carrying a handgun, although the law that states that you must be over 21 is still on the books. On the other hand, Texas has not appealed the decisions, which makes it unlikely that an 18 – 20-year-old person would get a UCW charge simply due to their age.
A person may be charged with a UCW if:
Whether you’re accused of illegal possession of a firearm or reckless carrying without a valid license, the law is crystal clear. A Texas UCW charge often hinges on whether the individual had the proper permit or was in an area where carrying a firearm is prohibited.
Weapons are prohibited in the following places according to Texas law:
Whether it is a licensed weapon or an unlawful weapon, carrying any kind of weapon in any of the aforementioned places is legally prohibited.
The following weapons are considered unlawful or prohibited in the state of Texas entirely:
Even if you had no malicious intent, unintentional possession (or not having a concealed handgun) can still land you in hot water. The stakes are high, but the M|CCriminalLaw team knows how to navigate these waters. Let’s break down what you’re dealing with and why our team of skilled attorneys is exactly who you need in your corner.
In Texas, unlawful carrying of a weapon is typically classified as a class A misdemeanor. The range of punishment you could be facing includes:
Is Unlawful Carry of a Firearm a Felony in Texas?
If the offense occurs on premises licensed for the sale of alcoholic beverages, unlawful carry of a weapon can escalate to a third-degree felony offense punishable by 2 to 10 years in prison and fines of up to $10,000. The level of crime and whether one is facing a misdemeanor or felony conviction depends on several factors, including where the offense occurred and whether there are any previous convictions or underlying crimes.
The bottom line: a UCW charge is not something you can afford to ignore or take lightly. Facing a criminal offense like unlawful carrying of a weapon in Texas is serious, but it’s far from the end of the road.
The good news? M|C Criminal Law knows how to build a strong defense. Here are some of the angles we can explore with UCW cases in Dallas and across Texas:
At M|C Criminal Law, we’ll tailor our strategy to your case because it’s unique. Our legal team knows how to dismantle the prosecution’s arguments and fight for the best possible outcome. We’ll work hard to get your charges reduced or even dropped. You deserve a future that isn’t defined by a criminal offense.
Why M|C Criminal Law? Because we understand Texas law like the back of our hand. You need an attorney with experience who can work through the complexities of firearm possession cases. The law regarding the unlawful carrying of a deadly weapon in Texas can be tricky, but we’ve mastered the ins and outs of it.
Whether it’s about challenging the offense level or proving reasonable doubt, we’re aggressive in defense but empathetic toward your situation. You need robust representation with attorneys who know how to deal with Texas UCW charges.
If you’re facing a UCW charge in Dallas or anywhere in the state of Texas, you need a criminal defense attorney who’s seen it all. At M|C Criminal Law, we will push back with every legal tool in our arsenal. From scrutinizing evidence to challenging the level of crime, our goal is clear: protect your rights.
Don’t let a UCW charge ruin your life. Contact M|C Criminal Law today for a consultation with a criminal defense attorney with experience in defending against unlawful carry of weapon across Texas. We’re here to hear your side of the story and help you turn this around.
