Unlawful Carrying of a Weapon in San Antonio: Legal Defenses and Rights

Understanding the Gravity of Unlawful Carrying of a Weapon Charges in Texas

In Texas, where firearm ownership is deeply ingrained in the cultural and legal landscape, the line between lawful possession and unlawful carrying can be surprisingly thin. An Unlawful Carrying of a Weapon (UCW) charge under Texas Penal Code § 46.02 is not a minor traffic citation—it is a serious criminal offense that can lead to severe, life-altering consequences. At Barton & Associates, our San Antonio criminal defense attorneys recognize that many individuals facing these charges are otherwise law-abiding citizens who may have inadvertently violated complex statutes or were unaware of specific restrictions. Whether you were carrying a handgun without a valid License to Carry (LTC), had a weapon in your vehicle under questionable circumstances, or were in a prohibited location, the immediate and long-term repercussions demand a robust legal defense.

The complexity of Texas weapon laws creates a landscape where well-intentioned gun owners can easily find themselves on the wrong side of the law. The state’s stand-your-ground principles and open carry provisions exist alongside specific restrictions about where weapons can be carried and under what conditions. A misunderstanding about these intersecting regulations—such as carrying within 1,000 feet of a school, having a weapon in a bar, or transporting a firearm in a vehicle—can trigger serious criminal allegations. Even with the constitutional protections of the Second Amendment and Texas’s strong pro-gun rights stance, prosecutors in Bexar County and throughout South Texas pursue UCW charges aggressively, particularly in cases involving other alleged offenses or when the individual possesses certain professional licenses.

Deciphering Texas’s Complex Weapon Carry Laws

Texas law creates multiple categories of unlawful carrying offenses, each with distinct elements that the prosecution must prove beyond a reasonable doubt. Understanding these specific allegations is the first step in building an effective defense strategy.

Unlawful Carry of a Handgun

The most common UCW charge involves carrying a handgun without a valid License to Carry (LTC). While Texas permits open and concealed carry for LTC holders, carrying without this license generally constitutes a Class A misdemeanor, punishable by up to one year in county jail and a $4,000 fine. However, exceptions exist. For instance, you may legally carry a handgun without an LTC within your own premises or inside a private motor vehicle under certain conditions (sometimes called the “motorist defense”). Our attorneys meticulously examine whether you fall within one of these statutory exceptions.

Weapon in a Prohibited Place

Even with an LTC, Texas law designates specific locations as off-limits for firearms. These include:

• Schools and educational institutions (within 1,000 feet)
• Polling places on election day
• Government courtrooms and offices
• Racetracks
• Secure airport areas
• Bars (establishments deriving 51% or more of income from alcohol sales)
• Correctional facilities

Carrying in these locations elevates the charge severity, often to a third-degree felony in cases involving schools or bars, carrying penalties of 2 to 10 years in state prison.

Unlawful Carry with Other Criminal Intent

The most severe UCW charges arise when the prosecution alleges you were carrying a weapon while committing or attempting to commit another crime. This situation transforms a misdemeanor into a felony, with penalties escalating based on the nature of the other alleged offense. We vigorously challenge the prosecution’s attempt to link lawful possession with other allegations, often by disputing the underlying criminal intent or the legality of the initial stop or search.

Consequences of a UCW Conviction: Beyond Fines and Jail Time

While the immediate penalties for a UCW conviction are serious, the collateral consequences often create more lasting damage to your personal and professional life. A conviction, even for a misdemeanor, results in a permanent criminal record accessible to employers, licensing boards, and landlords. This record can lead to:

• Loss of professional licenses (nursing, law, real estate, security)
• Termination from current employment, especially in education, healthcare, or government sectors
• Inability to secure future employment in many fields
• Loss of federal rights, including the right to possess any firearm
• Immigration consequences for non-citizens, including deportation or denial of citizenship
• Damage to personal reputation and community standing

For these reasons, our defense strategy focuses not only on avoiding incarceration but on protecting your record and future opportunities through dismissal, acquittal, or alternative resolutions that avoid a conviction.

Our Strategic Defense Approach to UCW Charges

At Barton & Associates, we employ a multi-faceted defense strategy tailored to the specific circumstances of your case. Our former prosecutorial experience provides unique insight into how the state builds these cases, allowing us to identify weaknesses from the outset.

1. Challenging the Legality of the Search and Seizure

The Fourth Amendment protects against unreasonable searches and seizures. Many UCW charges stem from traffic stops where officers extend the encounter beyond its original purpose. We rigorously examine:

• Whether law enforcement had reasonable suspicion for the initial stop
• Whether any extension of the detention was justified
• Whether consent for a search was truly voluntary
• Whether the weapon was in “plain view” or discovered through an unlawful search

If constitutional violations occurred, we file aggressive motions to suppress the evidence. Successfully suppressing the weapon typically results in dismissal of charges, as the prosecution loses its crucial evidence.

2. Asserting Statutory Exceptions and Defenses

Texas law provides several affirmative defenses to UCW charges. We thoroughly investigate whether you qualify for protection under:

• The Motorist Defense: Texas law allows individuals to carry a handgun in a private motor vehicle without an LTC under specific conditions, provided they are not engaged in criminal activity.
• Traveling Defense: While narrowly defined by courts, this defense applies to individuals transporting weapons between counties or states.
• Premises Exception: You may legally carry on property you own, lease, or control.
• Employment-Related Carry: Certain professions may authorize weapon carry as part of employment duties.

3. Negotiating for Reduced Charges and Alternative Resolutions

In cases where the evidence is substantial, we leverage our strong relationships with local prosecutors to negotiate favorable outcomes. This may include:

• Reduction to a lesser offense with minimal penalties
• Deferred adjudication that allows for dismissal after completing probation
• Pre-trial diversion programs for first-time offenders
• Weapon safety course completion in lieu of prosecution

Our goal is always to secure the best possible outcome while protecting your rights and future.

The Critical Distinction Between State and Federal Weapons Charges

Weapon offenses sometimes attract attention from both state and federal authorities, particularly in cases involving:

• Prohibited persons (convicted felons, those under restraining orders)
• School zone violations (federal Gun-Free School Zones Act)
• Interstate transportation of weapons

Federal weapons charges under statutes like 18 U.S.C. § 922(g) carry severe mandatory minimum sentences and are prosecuted in a different system with distinct procedures. Our attorneys possess the rare dual expertise to navigate both state and federal jurisdictions, ensuring comprehensive protection regardless of which government entity brings charges.

Potential Outcomes and Penalties for UCW Charges

The consequences of a UCW conviction vary dramatically based on the specific circumstances, your criminal history, and the weapon involved. Here are the high stakes involved:

• Unlawful Carry of Handgun (without LTC, no other crime): Class A Misdemeanor. Up to 1 year in jail, $4,000 fine
• Unlawful Carry at School/Bar: Third-Degree Felony 2-10 years prison, $10,000 fine
• Unlawful Carry While Committing Felony: Enhanced Felony. Penalties enhanced by one degree (e.g., 2nd degree becomes 1st degree)
• Federal Gun-Free School Zone Violation: Federal Felony. Up to 5 years federal prison

Why Barton & Associates Is Your Strategic Advantage

When facing weapon charges, your choice of attorney fundamentally shapes your case outcome. Our firm provides distinct advantages:

• Former Prosecutorial Insight: We understand how the state builds cases from the inside, allowing us to anticipate strategies and identify weaknesses.
• Constitutional Law Expertise: We aggressively defend your Fourth Amendment rights against unlawful searches and seizures.
• Trial-Ready Approach: We prepare every case thoroughly for trial, giving us leverage in negotiations and ensuring we’re ready if your case goes before a jury.
• Local Court Knowledge: Our deep familiarity with Bexar County courts, judges, and prosecutors allows us to navigate the system effectively.

Take Immediate Action to Protect Your Rights

If you’re facing unlawful carrying charges, time is critical. Do not discuss your case with law enforcement without an attorney present. Anything you say can be used against you, even if you believe you’re explaining your innocence.

Contact Barton & Associates today at 210-500-0000 for a confidential case evaluation. Our San Antonio weapon crimes defense attorneys will immediately begin protecting your rights, investigating the circumstances of your arrest, and developing a strategy to achieve the best possible outcome. Your freedom, rights, and future are worth defending.

Main Category: Criminal Defense
Practice Area Category: Weapon Crimes
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000