A Right, With Limits: Unlawful Carrying of a Weapon Defense in Austin, Texas

Texas has long been known as a state that values the right to bear arms. With the passage of permitless carry in 2021, most law-abiding adults can now carry a handgun without a license. But the law is not without its limits. There are still places where carrying a weapon is prohibited. There are still individuals who are prohibited from carrying. And there are still circumstances where a lawful act can become a criminal charge. A misunderstanding of the law, a moment of forgetfulness, or an encounter with law enforcement can turn a routine day into a fight for your freedom and your Second Amendment rights.

At Barton & Associates, Attorneys at Law, we defend clients throughout Austin and Central Texas against unlawful carry charges. From the neighborhoods of Central Austin to the communities of Round Rock, Cedar Park, Lakeway, Kyle, and Dripping Springs, our attorneys bring decades of experience to criminal defense. We understand that the laws governing firearms are complex and constantly evolving—and that what was legal yesterday may be a crime today. We know how to challenge unlawful stops, illegal searches, and flawed interpretations of the law.

Whether you are facing a charge of unlawful carry, carrying in a prohibited place, or carrying while prohibited, we provide the strategic guidance and aggressive representation you need to protect your rights, your freedom, and your Second Amendment rights.

Understanding Unlawful Carry in Texas

Unlawful carrying of a weapon is not a single crime—it is a category of offenses that arise when a person carries a weapon in violation of Texas law. Under the permitless carry law that took effect September 1, 2021, most adults can carry a handgun without a license. But there are important exceptions.

Who Can Carry Under Permitless Carry:

• Adults 21 years of age or older

• Adults 18-20 who are active duty military or honorably discharged veterans

• Individuals not otherwise prohibited from possessing firearms

Where You Cannot Carry:

Even with permitless carry, there are locations where handguns are prohibited:

• Schools and school grounds

• Polling places

• Courthouses

• Racetracks

• Secured areas of airports

• Certain government buildings

• Businesses that post proper signage under Penal Code 30.05 or 30.06

• Any location where the property owner prohibits firearms

Who Is Prohibited from Carrying:

• Individuals convicted of a felony

• Individuals convicted of certain misdemeanors (assault family violence, etc.)

• Individuals subject to a protective order

• Individuals adjudicated as mentally incompetent

For families in Austin, understanding the limits of your right to carry is essential to staying on the right side of the law.

What Is Unlawful Carrying of a Weapon in Texas?

Unlawful carrying of a weapon occurs when a person carries a handgun in violation of Texas Penal Code Section 46.02. The offense can be charged in several ways.

Unlawful Carry by a Prohibited Person:

If you are prohibited from possessing firearms (felon, etc.), carrying any firearm is a crime. This is generally a third-degree felony, punishable by 2 to 10 years in prison.

Unlawful Carry in a Prohibited Place:

If you carry a handgun into a location where it is prohibited (school, courthouse, etc.), you can be charged with unlawful carry. This is generally a Class A misdemeanor, but can be a felony depending on the location.

Unlawful Carry by a Person Under 21:

If you are under 21 and not in the military or law enforcement, you may not carry a handgun under permitless carry. However, you may still carry under other exceptions (traveling, etc.).

Unlawful Carry While Intoxicated:

Carrying a handgun while intoxicated is a Class A misdemeanor.

The Penalty:

Unlawful carry is generally a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000. Carrying in a prohibited place or by a prohibited person can be a felony.

For families in Austin, an unlawful carry charge can have serious consequences.

How to Defend an Unlawful Carry Charge

Defending against an unlawful carry charge requires a strategic approach. The State must prove each element beyond a reasonable doubt.

Defense 1: You Were Not Carrying

The State must prove you were actually carrying the weapon. If the weapon was in a bag, in the vehicle, or not on your person, the State’s case may be weaker. Your attorney can challenge:

• Whether you had actual possession

• Whether you had constructive possession

• Whether the weapon was accessible to you

Defense 2: You Were Exempt from the Law

Permitless carry allows most adults to carry handguns. Your attorney can argue:

• You were over 21 (or qualify under the military exception)

• You were not in a prohibited location

• You were not otherwise prohibited from carrying

Defense 3: The Location Was Not Prohibited

The State must prove the location was a prohibited place. Your attorney can challenge:

• Whether the location actually meets the definition of a prohibited place

• Whether proper signage was posted (for businesses)

• Whether you had notice of the prohibition

Defense 4: The Stop or Search Was Illegal

If the weapon was discovered during a traffic stop or search, your attorney can challenge:

• Whether the officer had probable cause to stop you

• Whether the officer had probable cause to search

• Whether the officer exceeded the scope of a lawful stop

Defense 5: You Had a Valid License

If you have a License to Carry (LTC), you may be exempt from certain restrictions. Your attorney can argue:

• Your LTC was valid at the time

• You were carrying in compliance with LTC rules

Defense 6: Mistaken Identity

In some cases, the defendant may have been misidentified. Your attorney can challenge:

• The reliability of witness identification

• Whether you were actually the person carrying the weapon

For families in Austin, a strong defense can mean the difference between a conviction and a dismissal.

Permitless Carry: What You Need to Know

The passage of permitless carry (often called constitutional carry) changed the landscape of Texas firearm law. Understanding what it does—and does not—allow is essential.

What Permitless Carry Allows:

• Most adults 21 and over can carry a handgun in public without a license

• The handgun may be open or concealed

• No training requirement

• No background check for carry (purchase still requires background check)

What Permitless Carry Does NOT Allow:

• Carrying in prohibited locations (schools, courthouses, etc.)

• Carrying by prohibited persons (felons, etc.)

• Carrying while intoxicated

• Carrying by persons under 21 (with limited exceptions)

• Carrying of weapons other than handguns (rifles, shotguns, knives, etc.)

The Importance of a License to Carry (LTC):

Even with permitless carry, there are advantages to having an LTC:

• Reciprocity with other states

• Exemption from federal Gun-Free School Zones Act

• May simplify firearm purchases

• May provide additional legal protections

For families in Austin, understanding permitless carry is essential to avoiding criminal charges.

Prohibited Places: Where You Cannot Carry

Even under permitless carry, there are locations where handguns are strictly prohibited. Carrying in these locations is a crime.

Statutory Prohibited Places:

• Schools and school grounds

• Polling places

• Courthouses and court offices

• Racetracks

• Secured areas of airports

• Certain government buildings

Private Property Prohibitions:

Property owners can prohibit firearms on their premises by posting proper signage. Under Texas law:

• 30.06 Sign: Prohibits concealed carry

• 30.07 Sign: Prohibits open carry

• 30.05 Sign: Prohibits trespassing by a person carrying a firearm

Defending Prohibited Place Charges:

• No Sign: If the location was not properly posted, you may have a defense

• Not a Prohibited Place: The location may not meet the statutory definition

• No Knowledge: If you did not know and had no reason to know the location was prohibited, you may have a defense

For families in Austin, knowing where you can and cannot carry is essential.

The Traffic Stop: When a Routine Stop Turns Criminal

A routine traffic stop is one of the most common ways unlawful carry charges arise. Understanding your rights during a traffic stop can protect you.

Your Rights:

• You have the right to remain silent

• You have the right to refuse consent to a search

• You are not required to disclose that you are carrying a handgun (though it may be advisable in some situations)

What to Do:

• Be polite and respectful

• Provide your driver’s license and insurance if requested

• Do not consent to a search

• If asked about weapons, you have the right to remain silent

• If the officer asks to search, say clearly: “I do not consent to a search”

After the Stop:

If you are arrested or your firearm is seized, contact an attorney immediately. Do not make statements to law enforcement without an attorney present.

For families in Austin, knowing your rights during a traffic stop can prevent a minor encounter from becoming a criminal case.

Carrying While Intoxicated

Carrying a handgun while intoxicated is a Class A misdemeanor. Texas law defines intoxication as having lost the normal use of mental or physical faculties due to alcohol or drugs.

What the State Must Prove:

• You were carrying a handgun

• You were intoxicated at the time

• You knew you were carrying

Defending Intoxicated Carry:

• Not Intoxicated: Challenge the officer’s observations and any field sobriety tests

• Not Carrying: The weapon was not on your person or accessible

• No Knowledge: You did not know you were carrying

For families in Austin, carrying while intoxicated is a serious charge that can result in loss of your LTC and firearm rights.

Frequently Asked Questions About Unlawful Carry in Austin, Texas

When clients come to our office—whether from Austin’s central neighborhoods, the suburbs to the north and south, or the Hill Country communities—they often have questions about unlawful carry. Here are the answers to the most common inquiries we receive.

Can I carry a handgun without a license in Texas?

Yes. As of September 1, 2021, most adults 21 and over can carry a handgun in public without a license. There are exceptions for prohibited persons and prohibited locations.

Where can I NOT carry a handgun under permitless carry?

You cannot carry in schools, courthouses, polling places, racetracks, secured airport areas, certain government buildings, or any location where the property owner has posted proper signage prohibiting firearms.

What is the penalty for carrying in a prohibited place?

Carrying in a prohibited place is generally a Class A misdemeanor, punishable by up to one year in jail. Carrying in a school can be a felony.

Can I carry a rifle or shotgun without a license?

Yes. Texas law does not require a license to carry a rifle or shotgun, though there are restrictions on where you can carry.

What if I am under 21?

If you are under 21 and not in the military or law enforcement, you may not carry a handgun under permitless carry. However, you may still be able to carry under other exceptions (traveling, etc.).

Do I have to tell an officer I am carrying during a traffic stop?

There is no legal duty to disclose that you are carrying a handgun. If asked, you have the right to remain silent.

Do I need an attorney for an unlawful carry charge?

Yes. An unlawful carry charge can result in jail time, loss of firearm rights, and a permanent criminal record. An experienced attorney can challenge the stop, the search, and the evidence.

Why Barton & Associates for Unlawful Carry Defense in Austin

Unlawful carry defense requires attorneys who understand the complex and evolving firearm laws, the Fourth Amendment, and the strategies for challenging unlawful stops and searches. The attorneys at Barton & Associates bring decades of experience to this area of criminal defense, helping clients protect their rights, their freedom, and their Second Amendment rights.

We are deeply rooted in the Austin legal community. We have handled unlawful carry cases in Travis County courts for decades and understand the local law enforcement practices, the prosecutors, and the judges. This local knowledge allows us to advise clients accurately and advocate effectively.

We are also committed to a client-centered approach. We take the time to understand your case, your goals, and your concerns. We explain your options in clear, straightforward language, and we provide honest advice about the best path forward.

Take the First Step Toward Protecting Your Rights

If you are facing an unlawful carry charge, your freedom and your Second Amendment rights are on the line. Do not wait. The sooner you have an experienced attorney on your side, the better your chances of a favorable outcome. At Barton & Associates, we are here to fight for you.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced criminal defense attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you protect your rights and your future.

Main Category: Criminal Defense Austin
Practice Area Category: Weapon Crimes
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)