Is there even such a thing as unlawful carrying of a weapon in Texas? With the reputation that Texas has when it comes to firearms, it might be natural to assume that you can carry a firearm wherever and whenever — as long as you have the right licensing.
But that would be a bad assumption to make. There certainly is such a thing as unlawful possession of a firearm in Texas, and it’s important to understand how and when it occurs.
What is considered unlawful carry of a weapon in Texas?
Unlawful carry of a weapon (also referred to as UCW) involves someone carrying a weapon in a place or way they should not. This definition even expands to include people who have a license to carry.
For example, let’s say you do have an LTC. You still cannot bring your firearm into an amusement park, bar, or prison. If you do, you can be charged with unlawful carrying of a weapon in Texas.
Wondering if you can keep a gun in your vehicle? Check out our recent article that answers the question, “Can I carry a gun in my car in Texas?”
Is unlawful carrying of a weapon a felony in Texas?
If you have been charged with a UCW, this crime is typically considered a misdemeanor (which includes penalties of spending up to 1 year in jail and paying a $4,000 fine).
Now, let’s say you did walk into a bar with a firearm. In this case, a third-degree felony might be coming your way. Your sentence could include up to a $10,000 fine and 10 years in prison. (As a quick sidenote — “Is possession of a firearm while intoxicated a felony in Texas?” — it most certainly could be.)
If you have been charged with a felony for UCW, then you need to talk to a gun rights restoration lawyer as soon as possible.
How do you fight a UCW charge in Texas?
There are more than a handful of ways you can find yourself with a UCW charge in Texas, and quite possibly not deserve it. Maybe someone else put a firearm in your vehicle, and you had no idea it was there. Maybe you were at the wrong place at the wrong time and a crime went on around you. Either of these situations could land you with a UCW charge, so it’s important to understand gun charges for a first-time offender. It’s also important to find a knowledgeable Houston UCW lawyer who can fight for your rights.
And keep in mind, to be convicted of unlawful carrying of a weapon, the state must prove that you knowingly and intentionally carried the weapon. A good lawyer can help you disprove this in court.
Charged with unlawful carrying of a weapon in Texas?
Thiessen Law Firm is well-versed in all things gun rights, and we can help you answer questions such as, “Is possession of a firearm while intoxicated a felony in Texas?” and, “Can a felon own a gun in Texas?” No matter what, it’s critical to remember that Texas does not take UCW charges lightly.
Do not assume that a charge for unlawful carrying of a weapon in Texas will resolve itself simply because you live in Texas. If you’re coming up against an unlawful carry charge (or any other type of gun rights issue), please do not hesitate to contact us.
Give us a call at 713-864-9000 or you request a consultation online.
More Helpful Blogs by Thiessen Law Firm:
- Unmarked Police Car Laws in Texas
- Murder vs. Manslaughter vs. Intoxication Manslaughter vs. Vehicular Manslaughter
- How to Beat a Felony Drug Charge
- What Happens When You’re a Passenger in a Car Where Drugs Were Found?
- Evading Police in a Vehicle