Texas is known for its strong firearm culture and for protecting the rights of lawful gun owners. But even in a state with broad gun rights, there are strict rules about how, when, and where a person can carry a weapon. Violating these rules can lead to an unlawful carrying of a weapon charge, also known as UCW. A UCW arrest can result in serious criminal penalties, a permanent record, and long-term consequences that affect your ability to own or carry a firearm in the future.
If you have been arrested or charged with unlawfully carrying a weapon in Texas, the situation can be overwhelming, especially for responsible gun owners. Many people do not realize that a simple misunderstanding or technical violation can lead to criminal prosecution. Having an experienced UCW defense lawyer is essential to protect your rights and ensure you are treated fairly under Texas law.
At Xavier Law Firm, we represent clients throughout Houston who are facing UCW, unlawful possession of a firearm, and other firearm related charges. Our team knows how serious these accusations can be, and we are committed to fighting aggressively to protect your freedom and your future.
What is an Unlawful Carrying of a Weapon Charge?
Since the passing of HB 1927 in Texas, the Lone Star state has adopted constitutional carry which allows all Texas residents to lawfully open or conceal carry. While this bill opened the door for citizens to embrace the second amendment, it doesn’t completely abandon rules and regulations surrounding carrying a firearm.
Unlawful carrying of a weapon, or UCW, refers to situations where a person is accused of carrying a weapon in a manner that violates Texas law. This often involves firearms, but UCW laws also apply to clubs, illegal knives, and other prohibited weapons.
A person may face a UCW charge for many different reasons, including:
- Carrying a handgun without meeting legal requirements
- Carrying a firearm while intoxicated
- Bringing a weapon into a prohibited location
- Carrying a weapon in plain view without proper authorization
- Carrying a weapon while involved in criminal activity
- Having a weapon readily accessible inside a vehicle under certain conditions
Even though Texas allows permitless carry in many situations, that does not mean people can carry however they choose. There are still important restrictions, and violating them can result in serious criminal charges.
Many UCW arrests stem from traffic stops, misunderstandings about permitless carry laws, or situations where a person keeps a firearm in their vehicle for protection without realizing they are violating a specific rule. A Houston criminal defense lawyer can review your case and help identify whether your arrest was lawful and what defenses may be available.
Texas Laws on Unlawful Carrying of a Weapon
Texas Penal Code Section 46.02 outlines the laws that define unlawful carrying of a weapon. Although Texas is a permitless carry state for many adults, the law contains several requirements and limitations that are often misunderstood.
Under Texas law, a person commits unlawful carrying of a weapon if:
- They intentionally, knowingly, or recklessly carry a handgun on or about their person.
- They are not on their own property or inside their vehicle or watercraft.
- They are not legally allowed to carry due to criminal history, age, or other disqualifying factors.
- They carry a weapon in a concealed manner without meeting age restrictions.
- They carry a weapon in a prohibited location such as schools, bars, courts, or secure airport areas.
- They carry a firearm while intoxicated.
Because Texas gun laws contain many exceptions and detailed requirements, people may face charges even when they believed they were carrying legally. A Texas weapons charge lawyer can explain how the law applies to your situation and whether your charge can be challenged or dismissed.
Types of UCW Charges in Houston
UCW charges can be classified as misdemeanors or felonies depending on the circumstances of the case. The level of the charge affects the penalties and the long term consequences.
Felony Unlawful Carrying of a Weapon Charges
UCW becomes a felony when certain aggravating factors are present. Examples include:
- Carrying a weapon into a prohibited place such as a school, bar, or courthouse.
- Carrying a weapon while committing another crime.
- Carrying a weapon after being prohibited from possessing firearms under state or federal law.
- Having a prior felony conviction.
- Bringing a weapon into a secure area of an airport.
- Possessing a prohibited weapon such as a machine gun or short barreled firearm.
Felony UCW charges in Texas can lead to:
- State jail or prison time
- Significant fines
- Loss of firearm rights
- Long term barriers to employment, housing, and professional licensing
A felony conviction can also affect immigration status for non-citizens. A Houston attorney can help evaluate whether your case qualifies for reduction or dismissal. You don’t deserve to have your rights stripped from you because of a mistake. At Xavier Law Firm, we believe in the strength of our constitution and the rights endowed to our clients.
Misdemeanor Unlawful Carrying of a Weapon Charges
Most first time UCW cases are charged as Class A misdemeanors. These charges often involve:
- Carrying a gun without meeting the age requirement
- Carrying a weapon while intoxicated
- Having a firearm visible or improperly concealed
- Violating vehicle carry laws
- Carrying a handgun while not meeting specific legal requirements
Although misdemeanor UCW charges are less severe than felony charges, they still carry serious penalties such as:
- Up to one year in county jail
- Fines up to 4,000 dollars
- Probation and community service
- Firearm restrictions in some cases
A misdemeanor conviction also creates a permanent criminal record unless it is dismissed or sealed. An experienced UCW defense lawyer can help you avoid jail time and protect your long term record.
Punishments for Unlawful Carrying Weapon in Texas
Punishment for unlawful carrying weapon Texas laws depends on whether the charge is a misdemeanor or felony and whether aggravating factors are involved.
Penalties may include:
- County jail time for misdemeanor UCW
- State jail or prison time for felony UCW
- Fines ranging from hundreds to thousands of dollars
- Probation or community supervision
- Mandatory classes or counseling
- Community service
- Loss of the right to possess or carry firearms
- Criminal record with long lasting consequences
Some UCW charges may be eligible for pre-trial diversion programs, plea reductions, or dismissal depending on the facts of the case. Your gun law lawyer will evaluate every available option to minimize the impact on your life and challenge the unlawful carry charge.
Defense Strategies in UCW Cases
Every UCW case is different, and the right defense strategy depends on the facts of your situation. A strong defense often focuses on whether the police had the right to stop, detain, or search you. If your constitutional rights were violated, evidence can be suppressed and the charges may be reduced or dismissed.
Common defense strategies include:
- Arguing that the weapon was legally carried
- Challenging the legality of the traffic stop
- Challenging the legality of any search or seizure
- Proving you were on your own property or inside your vehicle
- Demonstrating that the officer lacked reasonable suspicion
- Demonstrating that the officer lacked probable cause
- Arguing that the weapon was not accessible or carried on your person
- Showing that you met all legal requirements for carrying
- Challenging alleged intoxication
- Demonstrating that you did not knowingly possess the weapon
Police officers frequently misunderstand or misinterpret Texas firearm laws, leading to wrongful arrests. A skilled UCW attorney can identify those mistakes and use them to fight your case.
Why You Need a Houston UCW Lawyer
Unlawful carrying of a weapon charges can have serious consequences, even for first time offenders. A conviction can limit your employment opportunities, restrict your firearm rights, and create a record that follows you for years. Having an experienced UCW lawyer is crucial because firearm cases are often complex and involve constitutional issues.
A Houston UCW lawyer can help you by:
- Reviewing police conduct during the stop and arrest
- Filing motions to suppress illegally obtained evidence
- Identifying mistakes officers made under Texas gun laws
- Negotiating with prosecutors for dismissals or reductions
- Representing you at all court hearings
- Providing guidance to protect your rights throughout the case
- Helping you avoid jail time and protect your criminal record
The sooner you involve an attorney, the better your chances of achieving a favorable result.
Why Choose Xavier Law Firm for Your UCW Defense
At Xavier Law Firm, we are committed to protecting the rights of individuals charged with unlawful carrying of a weapon in Houston and surrounding areas. We understand that gun related charges can be intimidating and confusing, especially with the complexity of Texas firearm laws.
We offer:
- Extensive experience defending clients in UCW cases
- Detailed knowledge of Texas firearm laws and local court procedures
- Personalized attention to every client
- Thorough investigation into the facts of your case
- Aggressive negotiation and courtroom representation
- A commitment to fighting for the best possible outcome
- Clear communication and guidance throughout the entire legal process
We believe in protecting the rights of responsible gun owners and ensuring that no one is unfairly punished for a misunderstanding of the law or a mistake by law enforcement. When you work with our team, you have experienced advocates on your side who will fight tirelessly to defend your freedom and your future.
If you are facing an unlawful carrying of a weapon charge in Houston, contact us today at (281) 296-3741 to get the legal support you need.
