Despite Texas’s strong gun culture and open carry laws, it is illegal to carry weapons in certain places, by certain people, or while completing certain activities. A person can be charged with unlawful carrying of a weapon if they bring the gun into prohibited locations (like a school), if they are prohibited from carrying a gun (because they have been convicted of a felony or have an order of protection against them), or if they are committing another crime while carrying the weapon. Carrying a weapon while committing another crime, even one that seems minor, can elevate an unlawful carrying of a weapon charge to a more serious offense in Texas. This is a common way a lot of people get arrested for unlawful carrying of a weapon – they commit another crime like driving while intoxicated and happen to have a gun on them (or in their car) at the same time.
If you are facing an unlawful carrying of a weapon charge, an experienced criminal defense attorney from the Law Office of Mike Howard can explain the charges against you and provide targeted legal representation for your specific situation. Contact us today for an initial consultation.
What Is a Class A UCW Charge?
A person can be charged with unlawful carrying of a weapon (UCW) if they are carrying the weapon in a restricted location, are a person prohibited from carrying a weapon, or they are committing a crime while carrying a weapon. This offense is typically a Class A misdemeanor. Here is more information about each situation that can trigger a UCW charge.
Restricted Location
Texas defines a weapon as a handgun, club, knife, or other dangerous weapon. There are certain areas where it is generally illegal to carry a weapon in the state, including the following:
- Private and public schools
- Colleges and universities
- Government buildings or offices where public government meetings are held during such meetings
- Courthouses or offices that the court uses to conduct business
- Polling locations during an active election or early voting
- Prisons
- Hospitals
- Nursing homes
- Civil commitment facilities
- Amusement parks
- Racetracks
- Airports
- Places with “no weapons” signs posted
If law enforcement finds that you knowingly or recklessly carried a firearm or other weapon where it is prohibited, you can be charged with UCW, even if you have a license to carry.
Prohibited Person
Additionally, certain people may be prohibited from carrying a weapon due to:
- Age: Texas law prohibits carrying a handgun openly or concealed without a license to carry for anyone under age 21.
- Criminal history: A previous conviction for a felony or specific misdemeanor can make you ineligible to carry a weapon.
- Family violence finding: If a court makes an affirmative finding of family violence against a person, they cannot legally carry a weapon.
- Incapacitation: Those who have been declared mentally unfit or involuntarily hospitalized cannot legally carry a weapon.
- Impairment: A person cannot carry a weapon outside their home if they are under the influence of alcohol or drugs.
- An active protective order: If there is an active protective order against someone that prohibits firearm possession, that person cannot legally carry a weapon.
While Committing Another Crime
Texas law states that it is illegal for someone to carry a weapon when they are “engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating.”
Crimes That Can Trigger a Class A UCW Charge
You can be charged with a Class A UCW if you carry a weapon while committing another crime above a Class C misdemeanor, even if the underlying crime does not seem very serious. Some examples of crime that can trigger a Class A UCW charge include:
- Reckless driving (Class B)
- Driving under the influence or driving while intoxicated (DWI), first offense (Class B)
- Public intoxication (can be higher than Class C for repeat offenders)
- Possession of marijuana (Class B for under 2 oz.; Class A for 2-4 oz.)
- Possession of controlled substances (Penalty Group 2-A, Group 3, or Group 4, often Class B or A, depending on the weight/amount, including THC oils, edibles, and vape pens.)
- Assault (causing bodily injury, non-family violence, Class A)
- Criminal trespass (Class B or A, depending on the location and prior convictions
- Evading arrest or detention (on foot, Class A)
- Interference with public duties (Class B)
- Resisting arrest, search, or transportation (Class A)
- Disorderly conduct (involving a firearm, Class B)
- Failure to identify (fugitive intent or false information, Class B or A, depending on the circumstances)
The list above is not exhaustive. If you are charged with committing a Class B misdemeanor or above while you were carrying a weapon, you could be charged with a Class A UCW charge, too. The offense can be elevated to a felony level if you had the gun in a restricted area or were prohibited from carrying a weapon.
Effect of a Class UCW Charge
Unlawful carrying of a weapon is a Class A misdemeanor in Texas, punishable by up to one year in jail and a $4,000 fine. If the crime is committed in restricted areas or by a felon, it is a third-degree felony, punishable by two to ten years in prison and a fine of up to $10,000.
You can face possible jail time, fines, and a permanent criminal record, so it’s crucial not to underestimate the severity of these charges. Additionally, your employment opportunities, housing options, and Second Amendment rights could be in jeopardy.
Additionally, carrying a weapon while committing another crime can lead to enhanced penalties for the underlying offense. Prosecutors can expand the range of punishment for a UCW charge based on factors such as whether you have ever had a finding of family violence against you, your previous criminal record, and the facts surrounding the case.
Possible Defenses Against UCW Charges
A skilled criminal defense attorney can carefully evaluate the circumstances involving your charges to identify the defenses that may be most effective in your case, such as:
- You were not committing the underlying offense for which you are being charged.
- You were not in intentional possession of a weapon, such as if a gun was unintentionally left in a vehicle.
- Law enforcement conducted an improper stop or search that violated your constitutional rights.
- You had a valid license to carry, which can be an exception to the prohibition of firearms in a certain location.
Your attorney can work to identify weaknesses in the prosecution’s case to fight for a better outcome through a plea bargain or at trial.
Contact The Law Office of Mike Howard for a Confidential Case Review
If you’re facing weapons charges, including the unlawful carrying of a weapon, you need an experienced criminal defense attorney who can guide you through the legal process and devise a tailored legal strategy for your case. The experienced legal team at the Law Office of Mike Howard can explain your legal options and identify the defense strategies that are estimated to be the best defense for you. You can depend on our in-depth knowledge of the latest gun laws and relevant case law to form the foundation of a strong defense strategy.
Contact us today to schedule an initial case consultation.
Related:
- How Prior Theft Convictions Can Impact Your Misdemeanor Theft Case in Texas
- Levels of Misdemeanor Theft Charges in Texas
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- Where Are Weapons Restricted in Texas?
