Texas has some of the most well-known gun laws in the country, but not everyone understands what is legal and what isn’t when it comes to carrying a weapon. Unlawful carrying of a weapon (UCW) is a charge that can result in serious legal consequences. This article explains what unlawful carrying means in Texas, who can be charged, the penalties involved, and possible defenses.
Definition of Unlawful Carrying of a Weapon in Texas
Under Texas Penal Code Section 46.02, a person commits unlawful carrying of a weapon if they intentionally, knowingly, or recklessly carry a handgun, illegal knife, or club in prohibited circumstances. The law applies to people who:
- Carry a weapon in certain restricted locations.
- Carry while engaged in another criminal activity.
- Do not meet the legal requirements for possession.
Most UCW charges are Class A misdemeanors, but they can be elevated to felony charges in some cases.
Who Can Be Charged with Unlawful Carrying of a Weapon?
Several factors determine whether a person can legally carry a weapon in Texas. You can be charged with UCW if you:
- Are under 21 years old and carrying a handgun without a license.
- Have a prior felony conviction and are found carrying a firearm in public.
- Are intoxicated while carrying a weapon.
- Are subject to a protective order that prohibits firearm possession.
- Have been convicted of family violence or other disqualifying crimes.
- Carry a weapon in a place where firearms are restricted, such as a school or courthouse.
Even if you have a license to carry (LTC), you can still be charged with UCW if you violate location-based restrictions or are involved in another crime while carrying a weapon.
Restricted Locations for Carrying a Weapon
Texas law designates certain areas as gun-free zones. Carrying a weapon in these places can lead to a UCW charge:
- Schools and most private universities
- Government buildings
- Courtrooms
- Polling places
- Airports (beyond security checkpoints)
- Hospitals and nursing homes
- Bars and liquor stores
- Private businesses with posted “no weapons” signs
While you can generally carry a firearm in your home, vehicle, or business, it’s important to be aware of specific restrictions that could lead to a UCW charge.
Penalties for Unlawful Carrying of a Weapon in Texas
UCW is typically a Class A misdemeanor, which carries:
- Up to 1 year in jail
- A fine of up to $4,000
However, the charge can escalate to a third-degree felony in cases involving prior convictions or possession in prohibited locations. A third-degree felony can result in:
- 2 to 10 years in prison
- A fine of up to $10,000
A UCW conviction can also impact future gun ownership rights, employment opportunities, and housing eligibility.
Carrying a Weapon While Committing Another Crime
Texas law makes it illegal to carry a weapon while committing certain crimes, even if the underlying offense is not violent. Examples of offenses that can lead to UCW charges include:
- Driving while intoxicated (DWI)
- Possession of illegal drugs
- Evading arrest
- Disorderly conduct
If you are caught carrying a weapon while committing one of these offenses, the penalties can be more severe.
Defenses Against a UCW Charge
A UCW charge does not always result in a conviction. Some possible defenses include:
- Lack of intent – If you were unaware that you had a weapon in your possession, you may have a defense.
- Unlawful search and seizure – If law enforcement violated your rights by conducting an illegal search, evidence may be inadmissible.
- Valid permit or exemption – Certain individuals, such as law enforcement officers or security personnel, may be exempt from UCW charges.
A skilled attorney can review your case and determine the best defense strategy.
Being charged with unlawful carrying of a weapon in Texas is a serious matter. A conviction can lead to jail time, fines, and long-term consequences. If you or a loved one is facing UCW charges, call Gallian Firm at (214) 432-8860. Our legal team in Dallas can provide the strong defense you need to protect your rig