Since 2021, it has been legal to carry a weapon—openly or concealed on your person—in the State of Texas without the need for a license or permit. While gun owners have more options than ever before, it is still possible to be charged with unlawful carrying of a firearm in some instances.

Otherwise known as unlawful carry of a handgun under section 46.02 of the Texas Penal Code, this offense is typically treated as a misdemeanor, but it can be raised to a felony in some cases. If you have been charged with unlawfully carrying a weapon, defense attorney Gary J. Barton is here to help.

Who Can Carry a Firearm in Texas?

The circumstances where you can face criminal charges for unlawfully carrying a handgun are fairly limited under Texas law. Although the state barred the open or concealed carrying of weapons for many years, those regulations are no longer in place. Instead, Texans can generally carry handguns except in scenarios where:

• They were under the age of 21, or
• They were convicted of certain crimes and were either headed to a vehicle they owned or otherwise outside of their premises.
• If operating a motor vehicle, the handgun is in plainview unless the person is at least 21 years of age or is licensed to carry a firearm and the firearm is in a holster.
• If operating a motor vehicle, the handgun is anywhere in the vehicle, and the person is engaged in criminal activity other than a Class C misdemeanor traffic violation. (i.e. it’s legal to have a firearm in your vehicle if you were only speeding, but it is illegal to have a firearm in your vehicle if you were driving while intoxicated, or had prohibited drugs on your person or in the vehicle.)

For the most part, these charges are treated as misdemeanors. If you are convicted, you can expect to serve a maximum of one year in jail and a fine not to exceed $4,000. However, it might be increased to a third-degree felony if the offense occurs at a place licensed to sell alcohol. In that scenario, a conviction could lead to 10 years in prison and a $10,000 fine.

Charges Relating to Other Weapons

While section 46.02 pertains to handguns, you could be charged with unlawfully carrying some other type of weapon as well. This includes clubs designed to serve as dangerous weapons, like nightsticks, blackjacks, or tomahawks.

Let Barton & Associates, Attorneys At Law, PLLC Protect Your Constitutional Rights

Texas might have some of the least restrictive gun laws in the country, but it is still possible to face charges for unlawfully carrying a weapon. When you rely on the support of Barton & Associates, Attorneys At Law, PLLC, you have the opportunity to beat these charges and walk away without a conviction on your record.

We will aggressively fight for the best possible outcome in your case while ensuring you have the information you need to decide how to proceed with your defense. Call as soon as possible to schedule your private consultation.