Unlawful Carrying of a Weapon

If you are facing a charge for “unlawful carry of a weapon” (UCW) in Texas, you likely have many concerns and questions. It is important to understand the law and consequences of a criminal conviction. But also, collateral repercussions may come with having a criminal record. You need a top rated criminal defense lawyer to help navigate you through the legal process for the best outcome possible.

Texas no longer requires a license to carry a handgun in Texas. However, Texas law regulates “constitutional carry” rights in several ways.

CONSTITUTIONAL CARRY OR UNLAWFUL CARRYING OF A WEAPON?

• Must be an adult (over 21 ys of age)
• Holster required (for handguns)
• Must not carry a weapon in a prohibited place under TX Penal Code 46.03 (Educational institution, government building, business that does over 51% alcohol-sales, racetracks, airports, etc. See the Code for a full list).
• Must not carry a weapon while commiting a crime more serious than a traffic offense under the Texas Transportation Code. If you are facing a charge of DWI or racing on a highway, you get an unlawful carry of a weapon charge as well.
• Not legal to carry a weapon if convicted of a felony in any state or Federal court
• Not convicted of certain Misdemeanors within the last 5 years: Assault , Deadly Conduct, Terroristic Threat, Discharge of a Firearm in a Public Place, or Display of a Firearm in a Public Place in a Manner Calculated to Alarm.
• Not released from confinement or community supervision for Assault – Family Violence within the last 5 years.
• Not on probation, parole, or other type of court-ordered supervision prohibiting you from possessing firearms.
• Not subject to a protective order, or mental health order prohibiting you from possessing firearms.

ATTENTION: Weapon Laws in TX changed September 1, 2021. Please read and understand weapon laws before choosing to carry a weapon. See the full text of Section 46 of the Texas Penal Code.

Penalties for Unlawful Carrying of a Weapon (UCW) Conviction

Unlawfully carrying a firearm is a Class A misdemeanor, punishable by up to one year in jail and up to a $4,000 fine. If you unlawfully carry a weapon on premises licensed to sell alcoholic beverages, the District Attorney can charge you with a third-degree felony. A third degree felony is punishable by two to ten years in prison and up to a $10,000 fine.

Collateral Consequences of Unlawful Carrying of a Weapon (UCW) Conviction

• Professional license: You can lose a nursing, medical, teaching, attorney, or pilot’s license. If you apply for a professional license, your license may have restrictions, or, the licensing board may deny it if you have a criminal record.
• Child Custody: Texas courts will consider a parents’ criminal history in making a determination what is in the best interests of a child in a child custody dispute.
• Employment: Many employers perform criminal background checks. The law requires some businesses to conduct background checks. Examples include the military, law enforcement, and employers in the finance industry.
• Difficulty renting an apartment or home: Most landlords conduct criminal background checks on prospective renters.

Successful Tactics to fight an Unlawful CarryIng of a Weapon (UCW) case

• The underlying crime is not one law enforcement should prioritize to enforce. If the underlying crime that led to your UCW charge was minor, your attorney may be able to convince the prosecutor to dismiss the case.
• You did not “intentionally, knowingly, or recklessly” carry the weapon. The Texas Penal Code requires intent or knowledge.
• There was no underlying criminal offense. This usually happens when the police arrest you for DWI, a drug offense, or some other crime. The UCW charge is a secondary offense. If you weren’t guilty of an underlying criminal offense, you aren’t guilty of the UCW charge either.
• You were on your own property or premises. On your premises, or premises you control, such as your home, or property you own? You aren’t guilty of a UCW charge.

Experienced Houston Criminal Defense Attorney For Weapon Crimes

It is not a good predicament to be in when you are facing an upcoming court appearance on your own for a weapon crime. Make sure you trust the attorney that is representing you in Court, and believe that they will fight for your rights and freedom.

Do not leave your freedome up to chance. Hire a lawyer like LeGrande Law – attorney Tristan LeGrande has a proven track record of success handling Unlawful Carrying of a Weapon Cases.

Call Houston criminal defense attorney Tristan LeGrande to schedule a consultation at 281-684-3500, or click here to get in touch.

Charged with…
Unlawful Carrying of a Weapon?
Felon in Possession of a Weapon?
Possession of a Stolen Firearm or Theft of a Firearm?

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