Austin Unlawful Carry Attorney (UCW)

At ATX Legal, we understand that a charge of Unlawful Carrying of Weapons (UCW) can have serious consequences. As a criminal defense attorney, I am dedicated to protecting your rights and freedoms.

Every case is unique and requires a personalized approach. In Travis County especially, CA Delia Garza has decided to make firearms a focus, and requires weapons forfeiture in many cases. We’re ready to defend your rights and challenge the allegations against you.

What is the current Texas law about UCW? Texas Penal Code §46.02

Under Texas Penal Code §46.02, pertaining to the Unlawful Carrying of Weapons (UCW), a person commits an offense if they intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club.

Further to the provisions of the TCP §46.02, it’s important to note that the law also explicitly prohibits the carrying of a firearm while engaging in any criminal activity beyond a Class C misdemeanor traffic violation. This means that even if you are licensed to carry a weapon, it is offense if the person is simultaneously committing another crime – even a DWI.

Exceptions exist for those on their own premises, inside or en route to a motor vehicle or watercraft owned by the individual, or under the direct supervision of a peace officer. Violating this statute is generally considered a Class A misdemeanor, but under certain circumstances, it can be elevated to a third-degree felony.

46.03 Texas Penal Code: 

Authorization and Permissions: Who Can Legally Carry?

In Texas, the authority to carry a weapon in locations where they are otherwise prohibited is strictly regulated by the Texas Penal Code, particularly Section 46.03. While the law generally restricts the possession of firearms, location restricted knives, and other prohibited weapons in sensitive areas—such as schools, institutions of higher education, government courts, correctional facilities, and mental hospitals—there are specific exceptions for individuals who have received proper authorization.

Peace officers, members of the armed forces, and certain public security officers employed by a governmental entity are typically permitted to carry weapons as part of their official duties, even in places weapons are prohibited. Additionally, security officers commissioned by the Texas Private Security Board and individuals acting under the authority of the Texas Department of Criminal Justice may also be exempt when performing their professional responsibilities.

For civilians, carrying a weapon in a restricted area is only lawful if the person has written authorization from the appropriate authority. For example, entry into a mental hospital or nursing facility with a firearm or location restricted knife requires explicit written permission from the mental hospital administration or nursing facility administration. Similarly, access to a civil commitment facility or correctional facility with a weapon is only allowed with authorization from the facility’s governing body.

It is important to note that written authorization must be specific and comply with all applicable provisions of the Texas Penal Code and any relevant federal or state law. Carrying a weapon without such authorization, or in violation of written regulations established by a governmental entity or private or independent institution, can result in criminal prosecution, including charges for a third degree felony.

Ultimately, whether you are a license holder, a security officer, or a visitor to a school or educational institution, it is essential to understand the legal requirements for carrying a weapon in restricted areas. Always ensure you have the necessary permissions in writing and are in full compliance with both state and federal law to avoid committing an offense under the Texas Penal Code.

Punishment for Unlawful Carry of a Weapon in Texas?

In Texas, the punishment for unlawful carry of a weapon (UCW) varies depending on the specifics of the offense. Generally, violation of TCP §46.02 is a Class A misdemeanor, punishable by up to one year in jail and/or a fine not to exceed $4,000. However, if the offense is committed on premises licensed to sell alcoholic beverages for on premises consumption—such as bars or similar establishments—it escalates to a third-degree felony. These premises are licensed under the Alcoholic Beverage Code, which establishes the legal authority for such licensing and intersects with weapon restrictions by prohibiting the carrying of certain weapons on these locations. In such cases, the convicted individual could face between 2 and 10 years in state prison, and may be fined up to $10,000. In addition, certain circumstances, such as prior convictions or the presence of additional criminal offenses, may lead to enhanced penalties. It’s crucial to consult a legal professional to understand the potential consequences in relation to your specific situation.

Defenses to Unlawful Carry of a Weapon Charges?

Possible defenses to unlawful carrying a weapon charges depend largely on the specific circumstances of the case. However, some common defenses include:

1. Lack of Knowledge: The defendant may argue that they were not aware they were carrying a weapon, particularly if the weapon was not in their immediate possession.

2. Unlawful Search and Seizure: If the weapon was found as the result of an unlawful search by law enforcement, any evidence obtained could be deemed inadmissible in court.

3. Lack of Control: If the defendant can demonstrate that the weapon was not under the person’s control or within their actual possession, this could form a viable defense. This requires proving that they did not have the ability to exercise dominion or authority over the firearm, such as in situations where the weapon was held by another individual or stored in a location inaccessible to them.

4. Exception Applies: A defense to prosecution for unlawful carrying of a weapon charges can be established if the defendant demonstrates that an exception applies to their situation. For example, it is permissible to carry a weapon in one’s own home or motor vehicle, or if they are directly en route to that location, or when acting within official duties or with proper authorization.

It is important to note that the viability of these defenses will vary according to the unique facts and laws pertaining to each case.

Unlawful Carry of a Weapon – Airports

Under Texas law, Unlawful Carrying a Weapon (UCW) extends to airport premises as well, as outlined in Texas Penal Code §46.03. Specifically, it is deemed illegal to possess a firearm, illegal knife, or club in the secured area of an airport. ‘Secured area’ refers to the part of an airport terminal building to which access is controlled by the inspection of his or her person and property under federal law. If a person violates this statue, it is a third-degree felony punishable by a fine and imprisonment. However, it is an exception if the person was carrying a concealed handgun with a permit and immediately exited the premises upon completion of the required screening processes and notification of the possession of the handgun. Additionally, a security officer or an individual with a personal protection authorization may also be exempt from prosecution for carrying a weapon in a secured airport area under certain circumstances. A peace officer investigating conduct related to firearm possession in a secured airport area may not arrest an individual for carrying a licensed concealed handgun unless the officer has advised the person of their rights and provided an opportunity to exit the secured area.

How did the UCW law change when Texas passed the Open Carry Laws?

In 2016, the introduction of the Open Carry Laws in Texas brought significant changes to the Unlawful Carrying a Weapon regulations. Prior to this, it was generally unlawful to carry a handgun outside of one’s property. However, the Open Carry Laws, formally known as House Bill 910, now permit individuals with a License to Carry (LTC) to openly carry their handguns in most public places, provided the weapon is secured in a shoulder or belt holster. In 2021, further changes were made to gun laws in Texas with the passing of House Bill 1927, often referred to as the “permitless carry” law. This law, which took effect on September 1, 2021, removed the requirement for Texas residents to obtain a license to carry handguns if they are not prohibited by state or federal law from possessing a firearm. It’s important to note, however, that while the law eliminates the licensing requirement for carrying both concealed and openly carried handguns, a person commits an offense if they violate laws regarding the carry of long guns or the rules about where firearms can be carried. As with the previous laws, private property owners are still allowed to prohibit weapons on their premises, and certain public locations continue to be off-limits for firearms. Moreover, certain designated spaces like schools, airports, and government buildings still enforce strict no-carry policies. License holders must be aware of the provisions prohibiting license holders from carrying handguns in specific locations, and carrying handguns pursuant to posted rules, regulations, or notices is required for legal compliance. There are also specific circumstances and locations where a license holder carries a handgun but is subject to additional legal restrictions or prohibitions, such as higher education campuses, government buildings, and private properties with proper notice.

Who is exempt from the Unlawful Carrying Weapons law in Places Weapons Prohibited?

Certain individuals are exempt and are allowed to carry a handgun in Texas. These include law enforcement officers, judicial officers, and other public officials while they are performing their official duties. These exemptions specifically apply when the individual is engaged in the actual discharge of their official duties. A public security officer employed by a government entity, as well as volunteer emergency services personnel, are also exempt from certain UCW restrictions while performing their official duties. Additionally, individuals with a License to Carry (LTC) who are not prohibited by law from possessing a firearm are also exempt. The law also exempts persons who are traveling, persons engaged in lawful hunting, fishing, or other sporting activity, and individuals who are on their own property or inside of their own motor vehicle. Remember, these exceptions do not give carte blanche permission to carry a weapon anywhere. Restrictions still apply to certain locations and situations, such as schools, government buildings, and private properties where guns are expressly prohibited.

Can I Carry a Weapon on an Institution of Higher Education Campus?

The University of Texas, like many institutions, has specific guidelines regarding who can lawfully carry weapons on campus. Under Texas law, these regulations apply not only to the University of Texas but to any institution of higher education, including any independent institution of higher education, all of which are considered educational institutions. As of August 1, 2016, Senate Bill 11 (Campus Carry) allows concealed handgun license holders to carry concealed handguns on certain areas of university campuses. However, open carry is not permitted on the campus of the University of Texas. The university also maintains the right to designate specific zones as “gun-free zones”. It is important to note that these restrictions apply to the license holder’s person, meaning the individual themselves is subject to campus weapon policies even if they have a valid license. Therefore, while certain individuals may lawfully carry a concealed weapon, it is critical for all students, staff, faculty, and visitors to familiarize themselves with and adhere to the university’s specific policies regarding concealed carry on campus.

Private Institution Policies: Carrying Weapons on Private Property

Private institutions in Texas—including private or independent institutions of higher education, schools, and other educational institutions—have the authority to establish their own policies regarding the carrying of weapons on their premises. These policies can be more restrictive than those set forth in the Texas Penal Code, and may prohibit license holders from carrying handguns, firearm location restricted knives, location restricted knife club, firearm or club, or other prohibited weapon listed, even if state law would otherwise allow it.

After the first paragraph: To prohibit weapons on certain physical premises, an entity provided notice is required, and such notice must comply with statutory requirements, including being posted conspicuously in both English and Spanish.

To enforce these provisions, such an institution must provide clear notice to license holders, as required by federal or state law. If a license holder intentionally carries a handgun, firearm location restricted knife, or other prohibited weapon onto the physical premises after receiving notice that weapons are not allowed, that person commits an offense and may face criminal charges. This applies not only to the main buildings but also to areas such as public or private driveways, parking lots, and passenger transportation vehicles owned or operated by the institution.

Certain facilities, such as mental hospitals and a nursing facility licensed under the Health and Safety Code, have additional restrictions. Carrying a location restricted knife, firearm location restricted knife, or other prohibited weapon listed on the premises of a mental hospital or nursing facility licensed without written authorization from the mental hospital administration or nursing facility administration is a violation of the law. Similarly, correctional facilities, government courts, and civil commitment facilities are designated premises and offices utilized as places weapons are prohibited, and carrying a weapon in these locations can result in a third degree felony under the Texas Penal Code.

Enforcement of these policies is often carried out by security officers commissioned by the Texas Private Security Board, private security agencies, or by peace officers investigating conduct that may constitute an offense. These officers are authorized to ensure compliance with the institution’s written regulations and to take action if a person possesses a prohibited weapon without proper authorization.

Additionally, the Texas Alcoholic Beverage Commission and the Texas Department of Criminal Justice have their own regulations regarding weapons on premises where alcoholic beverages are sold or consumed, or on property under the control of criminal justice agencies. For example, carrying a handgun in a bar, restaurant, or correctional facility without proper authorization can lead to severe penalties, including charges for a third degree felony. Carrying a weapon within 1,000 feet of a scheduled execution is also prohibited if the person received notice, in accordance with Texas law.

Because the rules can vary significantly from one institution to another, it is essential for license holders and others to familiarize themselves with the specific policies of each private institution. Always seek written authorization when required, and comply with all posted notices and regulations to avoid committing an offense. Failure to do so can result in criminal prosecution, fines, imprisonment, and the loss of your right to carry a weapon in Texas.

Restricted locations also include professional sporting events, amusement parks, government courts, designated premises such as schools, polling places, racetracks, airports, and other physical premises where weapons, including firearm location restricted knives, clubs, and other prohibited weapon listed, are not allowed.

Unlawful Carrying Weapons Attorney FAQs

How does Texas law define a “handgun,” “illegal knife,” “club,” and “prohibited weapon”?

Under Texas law, a “handgun” is any firearm that is designed, made, or adapted to be fired with one hand, a “club” is an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death, and an “illegal knife” is any knife with a blade over five and a half inches, including throwing knives, daggers, and swords. A “wholly visible handgun” refers to a handgun that is openly carried and fully visible to others, as opposed to a concealed handgun.

Does the UCW law in Texas apply to all weapons?

No, the UCW law in Texas applies specifically to handguns, illegal knives, and clubs. Other weapons, such as rifles, are governed by different laws and restrictions. It’s important to familiarize oneself with the specific laws pertaining to the weapon one intends to carry.

Additionally, Texas law specifically identifies ‘places weapons prohibited,’ such as schools, polling places, and government buildings, where carrying weapons is illegal.

Will my Unlawful Carry Charge Be Dropped if the Underlying Criminal Charge Was Dropped?

If a person commits unlawful carry, it is a separate offense from any underlying crime. The dismissal of an underlying charge does not automatically lead to the dismissal of an unlawful carrying a weapon charge. This is because the unlawful carry charge can be based on the act of carrying a prohibited weapon, not on the commission of another crime. Therefore, even if the underlying charge is dropped, the unlawful carry charge may still be pursued. It is critical to consult with a legal professional for accurate advice tailored to individual circumstances.

Contact an Experienced Unlawful Carrying a Weapon Attorney

At ATX Legal, our attorneys are well-versed in Texas weapon laws, with a proven track record of successfully defending clients against unlawful carry charges. We handle cases in Travis, Hays, and Williamson Counties. Schedule a consultation by filling out a contact form, or texting “consult” to 512-677-5003 We’ll also work to challenge the prosecution’s case, questioning the evidence, its handling, and the intent behind carrying the weapon. Sometimes the County Attorney will request weapons forfeiture. Whether to forfeit the weapon is made on a case by case basis. Typically, there is nothing to prevent you from buying a new weapon to replace it. By tailoring our defense strategies to your unique situation, we aim to deliver the best possible outcome, be it a dismissal, reduced charges, or a favorable plea deal. To discuss your case, please contact our experienced unlawful carry attorneys today.