Criminal Defense Other Crimes
Unlawful Carrying of a Weapon
Texas has some of the most permissive gun laws in the country, but there are still circumstances where carrying a weapon is illegal. Under Texas Penal Code § 46.02, a person commits unlawful carrying of a weapon (UCW) if they intentionally, knowingly, or recklessly carry a handgun in a place other than their own premises or vehicle, or if they are a member of a criminal street gang, or if they carry a handgun while intoxicated. UCW is typically a Class A misdemeanor but can be elevated to a felony in certain circumstances. Todd Rash defends clients facing weapons charges throughout North and Central Texas.
Texas Permitless Carry Law
Since September 2021, Texas law allows most adults 21 and older who are not prohibited from possessing a firearm to carry a handgun in a holster without a license. However, this does not apply to people who are prohibited from possessing firearms under state or federal law, including convicted felons, those with family violence convictions, and those subject to certain protective orders.
Prohibited Places
Even with a license to carry, firearms are prohibited in certain locations including schools, polling places, courts, racetracks, secured areas of airports, bars (establishments deriving more than 51% of income from alcohol), and any place where notice is given under § 30.06 or § 30.07.
Felon in Possession
A convicted felon who possesses a firearm commits a 3rd degree felony under Texas Penal Code § 46.04. Under federal law (18 U.S.C. § 922(g)), felon in possession of a firearm carries up to 10 years in federal prison. These are serious charges that require experienced legal representation.
UCW While Intoxicated
Carrying a handgun while intoxicated, even on your own property, is a Class A misdemeanor. This charge frequently arises in conjunction with DWI arrests when a firearm is found in the vehicle.
Potential Penalties
- › UCW (Class A misdemeanor): Up to 1 year jail, $4,000 fine
- › UCW on premises of licensed business: 3rd degree felony (2–10 years
- › Felon in possession (state): 3rd degree felony (2–10 years
- › Felon in possession (federal): Up to 10 years federal prison
Possible Defenses
- › Lawful carry under Texas permitless carry law
- › Valid license to carry
- › The location was not a prohibited place
- › Lack of knowledge of the weapon
- › Unlawful search and seizure
- › The defendant is not prohibited from possessing firearms
Frequently Asked Questions
Facing Unlawful Carrying of a Weapon charges?
Todd Rash has a proven record defending clients throughout Texas. Call now for a free consultation.
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