When Texas passed constitutional carry in 2021, many gun owners assumed they could carry a handgun anywhere, anytime, without restrictions. That assumption has landed more than a few Texans in handcuffs.
Texas UCW—shorthand for Unlawful Carrying Weapons under Texas Penal Code Section 46.02—remains very much alive after the 2021 reforms. Understanding when carrying a handgun crosses from legal to criminal is essential for anyone who owns or carries firearms in the Lone Star State.
This guide breaks down the UCW law as it stands in 2026, covering each subsection of the statute, who can and cannot carry, where weapons are restricted, and what happens if you’re charged. We’ll also cover defenses, exemptions, and the long-term consequences of a UCW conviction.
What Is UCW in Texas and Why It Matters in 2026?
Texas UCW refers to the crime of unlawful carrying weapons under Texas Penal Code §46.02. Despite the passage of House Bill 1927 (constitutional carry) on September 1, 2021, carrying a handgun remains illegal under specific circumstances—and those circumstances trip up gun owners regularly.
Most UCW cases are charged as Class A misdemeanors, punishable by up to one year in jail and fines up to $4,000. However, if the person carrying is a prohibited possessor under §46.04, the charge escalates to a third degree felony or even a second degree felony.
This article reflects the 2026 version of the Texas Penal Code and incorporates legislative changes from HB 1927 (2021), earlier 2019 updates, and the evolution from concealed handgun licenses to the current system.
What counts as UCW in Texas:
- Carrying a handgun if you’re under 21 years old (outside narrow exceptions)
- Carrying within five years of certain misdemeanor convictions
- Carrying while intoxicated in public
- Having a handgun in plain view without a holster
- Minors carrying location restricted knife weapons
- Prohibited possessors (felons, family violence offenders, those under protective orders) carrying any handgun
Texas Penal Code §46.02 – Structure of the UCW Law
The UCW statute lives in Title 10, Chapter 46 of the Texas Penal Code—the chapter dedicated to weapons offenses. Section 46.02 is divided into several subsections, each targeting specific types of unlawful carrying conduct.
Think of this section as your roadmap. Each subsection addresses a different situation where a person commits an offense by carrying a weapon improperly.
How §46.02 connects to other statutes:
- §46.04 covers unlawful possession of a firearm by a felon or other prohibited person
- §46.01 provides definitions (handgun, premises, etc.)
- §46.03 lists prohibited locations
- §46.15 contains exemptions
Key subsections at a glance:
- (a): Under-21 carry and carry within five years of certain convictions
- (a-1): Handguns in motor vehicles, plain view issues, criminal activity
- (a-4): Minors carrying location restricted knife weapons
- (a-5): Intentionally displaying handguns in public without a holster
- (a-6): Carrying while intoxicated
- (a-7): Prohibited possessors carrying handguns
The sections that follow unpack each subsection in detail, with penalties and real-world examples coming later.
Subsection (a): Under‑21 and Certain Offenders Carrying Handguns
Subsection (a) is the backbone of UCW law under constitutional carry. It makes it an offense if the person intentionally knowingly or recklessly carries a handgun “on or about” their person when they are:
- Under 21 years old, or
- Within the five year period preceding the offense from conviction for specified misdemeanors (assault, deadly conduct, terroristic threat, disorderly conduct with a firearm) or certain family violence offenses
Here’s the critical location limitation: the offense only applies when the person is off their own premises and not inside or traveling directly to/from a motor vehicle or watercraft they own or control.
What does “on or about the person” mean in practice? It typically covers a handgun in your waistband, in a backpack you’re wearing, in your jacket pocket, or otherwise within easy reach while you’re moving around in public.
Many people mistakenly believe HB 1927 removed all limits on carrying. It didn’t. This subsection preserves age and prior-conviction restrictions that apply even after constitutional carry took effect.
Key elements of Subsection (a):
- Mental state required: person intentionally, knowingly, or recklessly carries the weapon
- Age rule: must be 21 or older to carry legally without additional authorization
- Five-year lookback: certain misdemeanor convictions within the five year period block lawful carry
- Premises/vehicle exception: carrying on your own property or inside your vehicle generally doesn’t trigger UCW
- Typical charge: Class A misdemeanor (up to 1 year jail, $4,000 fine)
- Common scenarios: 19-year-old carrying at a convenience store; person with 2022 assault conviction carrying in 2026
Subsection (a‑1): Handguns in Vehicles, Plain View, and Criminal Activity
Subsection (a-1) deals specifically with handguns in motor vehicles and watercraft. This subsection focuses on three key factors:
- Whether the handgun is in plain view
- The carrier’s age
- Whether the person is engaged in criminal activity beyond a Class C traffic offense
For adults 21 or older—or those holding a License to Carry under Subchapter H Chapter 411 Government Code—having a holstered handgun in a motor vehicle or watercraft is legal, even if it’s visible. The key word is “holstered.”
A visible handgun not in a holster can trigger UCW, even for someone otherwise allowed to possess firearms. This matters enormously during traffic stops.
How this plays out in practice:
Officers often discover firearms during routine traffic stops or DWI investigations. If the handgun is sitting on the passenger seat unholstered while the driver is under investigation for DWI, expect UCW charges on top of the DWI.
Subsection (a-1) breakdown:
- Age 21+ rule: adults can have a holstered, visible handgun in their vehicle
- Under-21: different and stricter rules apply
- Holster requirement: if the gun is wholly visible, it must be in a holster
- Criminal activity trigger: being engaged in criminal activity (more than a Class C traffic ordinance regulating traffic violation) changes the analysis
- Prohibited person status: if the person is prohibited under §46.04, this subsection works together with that statute
- Typical classification: Class A misdemeanor; enhanced if tied to felon-in-possession
Subsection (a‑4): Location‑Restricted Knives and Minors
The term “location restricted knife” replaced the older “illegal knife” terminology in past legislative sessions. Under current Texas law, a location restricted knife is generally one with a blade of 5½ inches or more.
Subsection (a-4) makes it an offense for a person younger than 18 to intentionally, knowingly, or recklessly carries a location restricted knife:
- Off their own premises
- Outside a motor vehicle or watercraft they own or control
- Without the direct supervision of a parent or legal guardian
What does “direct supervision” mean?
Generally, it means the adult is physically present and overseeing the minor—not just giving permission by phone or text. A parent saying “sure, take my hunting knife to your friend’s house” doesn’t count as direct supervision.
Subsection (a-4) essentials:
- Definition: blade 5½ inches or longer
- Age limit: applies to those under 18
- Premises/vehicle exception: minor can have the knife on property under the person’s control or in their vehicle
- Guardian supervision exception: adult must be physically present
- Penalty level: Class C misdemeanor (fine only, up to $500)
- Real-world examples: teen carrying a large fixed-blade knife at a mall; 16-year-old with a machete walking near school property
Subsection (a‑5): Handgun in Plain View in Public Places
Even after Texas legalized open carry, there are rules. Subsection (a-5) prohibits a person who intentionally displays a handgun in plain view in a public place unless the handgun is carried in a holster.
“Public place” is defined broadly under Texas law. It includes anywhere the public or a substantial group has access: streets, parking lots, shopping centers, restaurants, and most businesses.
This subsection targets unholstered, intentionally displayed handguns in public—not accidental exposure or properly holstered open carry.
Key points about Subsection (a-5):
- Holster requirement: belt holster, shoulder holster, or other legally acceptable holster
- Public place focus: broad definition covering most areas outside private homes
- Intentional display element: mere accidental printing or momentary exposure isn’t the target
- Relation to open carry law: open carry is legal, but only with proper holstering
- Arrest triggers: often initiated by complaints from citizens who feel threatened or alarmed
- Typical charge: Class A misdemeanor; may be stacked with disorderly conduct in some scenarios
Subsection (a‑6): Carrying a Handgun While Intoxicated
Constitutional carry doesn’t mean you can carry a handgun while drunk at a bar. Subsection (a-6) makes it an offense to carry a handgun while intoxicated, with limited exceptions.
A person commits an offense by carrying while intoxicated unless they are:
- On their own premises
- On private property with the owner’s effective consent
- Inside or directly en route to a motor vehicle or watercraft that is owned by the person or controlled by them (or with the operator’s consent)
What counts as “intoxicated”?
Texas uses the same general definition as DWI law: loss of normal use of mental or physical faculties due to alcohol, drugs, or other substances, or a blood alcohol concentration of 0.08% or higher.
Common intoxicated-carry scenarios:
- Armed patron at a bar who becomes intoxicated
- Gun owner at a public festival after several drinks
- Driver stopped for DWI with a handgun on or her person rather than secured in the vehicle
Subsection (a-6) summary:
- Definition of intoxication: same as DWI law (impairment or 0.08+ BAC)
- Where intoxicated carry is still allowed: on your premises under the person’s control, in your vehicle, or private property with consent
- Typical charge level: Class A misdemeanor
- Practical note: UCW is frequently paired with DWI charges; prosecutors often stack both
Subsection (a‑7): Prohibited Possessors and UCW
Subsection (a-7) applies to people who are already prohibited from possessing firearms under §46.04. This includes:
- Convicted felons
- Certain family violence misdemeanants
- People under active protective order restrictions
- Others barred under state or federal law
The offense occurs when such a prohibited person intentionally, knowingly, or recklessly carries a handgun off their premises and not just in transit to a motor vehicle or watercraft they own or control.
Why this matters:
These cases are typically charged as a third degree felony (2-10 years in prison, up to $10,000 fine) or even a second degree felony (2-20 years) depending on the specific §46.04 status. This is far more serious than standard UCW misdemeanors.
Subsection (a-7) breakdown:
- Who is prohibited: felons within certain periods, family violence offenders, those under protective orders
- Where they cannot carry: anywhere off their premises, not in transit to their vehicle
- Felony ranges: third degree (2-10 years) or second degree (2-20 years)
- Why these charges are high-risk: combine unlawful possession with unlawful carrying for maximum exposure
Key Definitions in the Texas UCW Statute
Understanding specific terms in the UCW statute can mean the difference between a legal carry and a felony charge.
Premises includes real property and recreational vehicles used as temporary living quarters. This covers:
- Travel trailers
- Truck camper units
- Motor homes
- Similar units designed for temporary living quarters
A person on their own premises has broader rights to possess weapons—even without meeting other carry requirements.
Watercraft means any boat, motorboat, vessel, or personal watercraft used for transportation on water. Seaplanes are specifically excluded. So if you’re on a boat you own or control, different rules apply than when you’re walking down a public street.
Motor vehicle follows standard definitions—essentially, passenger cars, trucks, and similar vehicles. A motor vehicle primarily designed for road use is covered. The distinction matters for the “traveling to/from” exceptions.
Key definitions at a glance:
- Premises: Real property + RVs/travel trailers used as temporary living quarters
- Example: Your backyard, your rented apartment, your motor home at a campsite
- Example: Your backyard, your rented apartment, your motor home at a campsite
- Watercraft: Boats, jet skis, vessels (not seaplanes)
- Example: Your bass boat, a rented pontoon you’re operating
- Example: Your bass boat, a rented pontoon you’re operating
- Motor vehicle: Cars, trucks, vehicles designed for road transport
- Example: Your pickup truck, rental car, company vehicle with consent
- Example: Your pickup truck, rental car, company vehicle with consent
- Location restricted knife: Blade 5½ inches or longer
- Example: Large hunting knife, machete, sword
- Example: Large hunting knife, machete, sword
Constitutional Carry in Texas (HB 1927) and What Changed in 2021
House Bill 1927, effective September 1, 2021, allowed most Texans 21 or older who are not otherwise prohibited to carry a handgun in public without a License to Carry (LTC). This is commonly called “constitutional carry” or “permitless carry.”
What constitutional carry actually changed:
Before September 2021, carrying a handgun in public required an LTC. After HB 1927, eligible adults 21+ can carry openly (in a holster) or in a concealed manner without a license.
What did NOT change:
- UCW still applies to those under 21 (with limited exceptions)
- UCW still applies to prohibited possessors
- Restricted locations under §46.03 and federal law remain gun-free zones
- Holster requirements for open carry remain in effect
- Intoxication and criminal activity rules remain
How HB 1927 interacts with earlier reforms:
|
Year |
Reform |
Key Change |
|---|---|---|
|
2015 |
HB 910 (Open Carry) |
LTC holders could openly carry in holsters |
|
2017 |
LTC Changes |
CHL renamed to LTC; expanded recognition |
|
2019 |
Statutory Updates |
Removal of “clubs” from certain UCW provisions |
|
2021 |
HB 1927 |
Permitless carry for eligible adults 21+ |
Common misconceptions:
- “Constitutional carry means I can carry anywhere” — False. Restricted locations still apply.
- “I don’t need a holster anymore” — False. Open carry still requires a holster for the handgun to be wholly visible legally.
- “Age doesn’t matter after constitutional carry” — False. Under-21 restrictions remain in full force.
Who Is Prohibited From Carrying Under Texas Law?
Certain categories of people cannot lawfully possess or carry firearms under Texas law, federal law, or both. When these individuals carry, they face felony charges—not misdemeanors.
Categories of prohibited persons:
- Convicted felons: Generally prohibited for 5 years after release from confinement or supervision; in certain circumstances, restrictions last longer or are permanent
- Family violence misdemeanants: Those with prior felony conviction for family violence assault or similar offenses
- People under protective orders: Those subject to an active protective order restricting firearm possession
- Mentally adjudicated individuals: Those found mentally incompetent or committed to mental institutions under Human Resources Code or similar provisions
- Certain non-citizens: Under federal law, some non-citizens are prohibited from possessing firearms
How prohibitions interact with UCW:
Carrying a handgun as a prohibited person typically leads to felony charges under §46.02(a-7) and §46.04—not just a misdemeanor UCW. Prior UCW or weapons-related convictions can also enhance penalties and affect eligibility for deferred adjudication or nondisclosure.
Example: A person convicted of family violence assault in 2022 who is caught carrying a handgun in 2026 faces third degree felony charges—not the Class A misdemeanor that would apply to an otherwise eligible person.
Where Weapons Are Restricted: Gun‑Free and Sensitive Locations
Even people lawfully allowed to carry (with or without an LTC) can face UCW or related weapons charges when they carry in restricted places. These restrictions exist under Texas Penal Code §46.03, the Government Code, the Alcoholic Beverage Code, and other statutes.
Major restricted locations in Texas:
- Schools and school-sponsored activities: Including school buses, school events, and premises of educational institutions
- Polling places: During elections or early voting periods
- Government court premises: Courthouses and related facilities without written authorization from court officials
- Secured airport areas: Beyond TSA checkpoints
- 51% establishments: Businesses deriving 51% or more of income from on-premises alcohol sales (look for the red “51%” sign from the Texas Alcoholic Beverage Commission)
- Hospitals and nursing facilities: Including mental health facilities and civil commitment facility locations
- Amusement parks: Those meeting statutory size and attendance thresholds
- Racetracks: Licensed pari-mutuel facilities
- Government meeting rooms: Where open meetings are held
- Correctional facilities: Jails, prisons, and related institutions
Private property restrictions:
Private property owners can post notices (commonly called 30.05, 30.06, and 30.07 signs under the Texas Penal Code) to prohibit concealed or open carry. Violating these posted notices can lead to criminal trespass charges combined with potential UCW consequences.
Federal facilities:
Post offices, federal courts, and other federal properties carry additional federal penalties outside UCW. These often arise in the same fact patterns when someone carries into a prohibited federal zone.
Verify current signage and check statutes regularly—restricted-place rules are frequently updated by the Texas Legislature and the Texas Department of Public Safety.
Penalties for UCW in Texas: Misdemeanors, Felonies, and Enhancements
UCW penalties vary significantly based on the specific subsection violated and the person’s criminal history.
Standard penalty levels:
|
Offense Type |
Classification |
Punishment Range |
|---|---|---|
|
Minors with location restricted knife (a-4) |
Class C misdemeanor |
Fine up to $500, no jail |
|
Most handgun UCW (a), (a-1), (a-5), (a-6) |
Class A misdemeanor |
Up to 1 year county jail and/or up to $4,000 fine |
|
Prohibited possessors (a-7) tied to §46.04 |
Third degree felony |
2-10 years prison, up to $10,000 fine |
|
Severe prohibited possessor cases |
Second degree felony |
2-20 years prison, up to $10,000 fine |
Possible enhancements:
- Weapon-Free School Zone: Carrying near schools can bump the offense one category higher
- Prior convictions: Previous weapons offenses or felonies can enhance punishment
- Concurrent felony conduct: Committing UCW during another felony increases sentencing exposure
Collateral consequences:
Beyond jail time and fines, UCW convictions affect:
- Future firearm rights under state and federal law
- Employment opportunities (especially in security officer positions, law enforcement, or roles requiring the Texas Private Security Board licensing)
- Housing applications
- Professional licensing (including peace officer certification)
- Immigration status for non-citizens
UCW While Committing Another Crime
UCW penalties escalate when the weapon is carried during another offense higher than a Class C misdemeanor. Subsection (a-1) specifically flags being engaged in criminal activity as an aggravating element.
Typical combined-offense scenarios:
- UCW + DWI: Driver arrested for DWI with a handgun visible on the console; both charges filed, bond increases, plea negotiations become complex
- UCW + Drug possession: Person caught with controlled substances while carrying an unholstered handgun; both charges stack
- UCW + Assault: Physical altercation where the defendant is armed; weapons charges add to assault penalties
- UCW + Theft: Shoplifting case where suspect has an unholstered handgun under a jacket
How this affects your case:
- Higher bail/bond amounts
- Prosecutors use the underlying offense to argue for higher punishment within the UCW range
- Plea negotiations become more difficult
- Sentencing exposure increases even if the UCW classification stays the same
- The instant offense may trigger enhanced scrutiny of prior criminal history
Defenses to a Texas UCW Charge
The State must prove every element of UCW beyond a reasonable doubt. This includes the person’s mental state, the weapon’s location, age and prior conviction facts, and intoxication level when applicable.
Common defense strategies:
- Lawful exception applied: The defendant was on their own premises, traveling directly to a motor vehicle or watercraft, or had the property owner’s consent for private property carry
- Not in “plain view” as alleged: The handgun wasn’t actually visible or was properly holstered
- Weapon doesn’t meet statutory definition: What the State calls a “handgun” or “location restricted knife” doesn’t actually qualify under Texas Penal Code definitions
- Fourth Amendment violations: Illegal stop, search, or seizure by police; if the weapon is suppressed, the case may collapse
- Underlying charge fails: Beating or reducing the underlying charge (e.g., winning a DWI case) can undermine a related UCW count under Subsection (a-1) or (a-6)
- Age or conviction status challenge: The State cannot prove the defendant was under 21 or had the qualifying prior conviction within the five year period
Legal defenses are highly fact-specific. Early consultation with a Texas criminal defense attorney is critical for evidence preservation and developing negotiation strategies.
Exemptions From UCW Under Texas Penal Code §46.15
Section 46.15 lists people and situations where UCW does not apply. Even though weapons are present, these individuals are protected from prosecution under certain circumstances.
Primary exempt categories:
- Peace officer and certain retired officers: Active and qualified retired law enforcement carrying in the course of official duties or as permitted by law
- Court officials, judges, prosecutors: Certain judicial personnel authorized to carry
- Certain military members: Active-duty military and members of Texas military forces in appropriate circumstances
- Licensed security officer and personal protection officers: Those acting within the scope of duties under Texas Private Security Board or Texas Department of Public Safety licensing
- LTC holders: Even after constitutional carry, LTC holders retain specific statutory protections in certain circumstances under Chapter 411 Government Code
- Volunteer emergency personnel: Certain emergency responders carrying as part of their duties
Situational exemptions:
Texas law has historically recognized exemptions for hunters, fishermen, travelers, and some emergency services personnel where carrying a weapon is tied to lawful activities. These exemptions are condition-based—being in a protected profession doesn’t automatically shield someone if they carry off-duty in prohibited ways or locations.
Important note:
These exemptions were updated by multiple 2021 bills, with effective dates around September 1, 2021, aligning with constitutional carry changes. Always verify current law, as the criminal justice system treats outdated reliance on exemptions harshly.
UCW, LTC, and the Evolution of Texas Carry Laws (CHL, Open Carry, Constitutional Carry)
Understanding how Texas gun laws evolved helps explain why certain UCW provisions exist and what advantages an LTC still provides.
Timeline of major changes:
Pre-2016: Concealed Handgun License (CHL) era
- Texans needed a CHL to carry a concealed handgun in public
- Open carry was generally prohibited for handguns
- UCW applied broadly to anyone carrying without a license
January 1, 2016: Open Carry (HB 910)
- LTC holders could openly carry handguns in shoulder or belt holsters
- This was the first major expansion of public carry rights in decades
2017: CHL becomes LTC
- Terminology shifted from “Concealed Handgun License” to “License to Carry”
- Reflected that licenses now authorized both concealed and open carry
- Expanded reciprocity with other states
September 1, 2021: Constitutional Carry (HB 1927)
- Adults 21+ who aren’t prohibited can carry handguns without a license
- Open carry law requirements (holster) still apply
- Many §46.02 restrictions amended but not eliminated
Why an LTC still matters:
Even in the constitutional carry era, holding an LTC provides advantages:
- Quicker firearm purchases (bypasses NICS delay in some cases)
- Interstate recognition under reciprocity agreements
- Certain location-based protections not available to unlicensed carriers
- Professional and employment benefits in security officer and similar fields
- May provide evidentiary advantages in certain criminal procedure contexts
Record Consequences, Deferred Adjudication, Nondisclosure, and Expunction
Even a misdemeanor UCW conviction appears on your criminal record. This affects jobs, professional licenses, housing applications, and future firearm eligibility under both state and federal law.
Deferred adjudication option:
UCW is generally eligible for deferred adjudication under Code of Criminal Procedure Article 42A.102, at the judge’s discretion. With deferred, you’re placed on community supervision. If you complete it successfully, you’re not convicted—but the arrest and deferred still appear on your record.
Order of Nondisclosure:
After successfully completing deferred adjudication, you may be eligible for an Order of Nondisclosure under Government Code §411.073. For many UCW cases, there’s a 2-year waiting period after completion.
However, some UCW-related offenses and circumstances are excluded from nondisclosure eligibility. Criminal street gang enhancements or family violence connections can bar relief.
Expunction (limited):
Since 2021, certain UCW convictions under Subsection (a) may qualify for expunction under Chapter 55 of the Code of Criminal Procedure—but only within narrow conditions. This generally applies to cases arising under specific prior law contexts and excludes cases involving criminal street gang activity or motor vehicle violations that triggered the original stop.
Protecting your options:
- Know that deferred adjudication is often available for first-time UCW defendants
- Understand waiting periods: typically 2 years for nondisclosure after completing deferred
- Some UCW circumstances permanently bar record relief
- Consult with an attorney before pleading to preserve future relief options
When to Contact a Texas Criminal Defense Attorney About UCW
UCW charges—even Class C misdemeanors for location restricted knives—can have lasting consequences. Early legal representation is critical for protecting your rights and your future.
When to contact counsel:
- Arrest or citation for UCW under any subsection of §46.02
- UCW combined with DWI, drug, or assault charges
- Possession allegations tied to felony or family violence history
- Active protective order in your background
- Questions about restoring firearm rights after prior convictions
- Any situation where you’re unsure whether an exemption applies
What to gather before your consultation:
- Copy of the complaint or charging document
- Probable cause affidavit (if available)
- Any prior judgments or conviction records
- Your LTC status (current, expired, or never obtained)
- Details about the instant offense and circumstances of the stop or arrest
- Names of witnesses who can support your version of events
Taking action:
UCW charges—even minor ones—can follow you for years. Understanding Texas law around unlawful carrying is your first line of defense. If you’re facing charges, don’t wait. Gather your documents, understand your rights under the Texas Penal Code, and consult with a Texas criminal defense attorney before your first court date.
Early legal representation can mean the difference between a dismissed charge and a conviction that affects your firearm rights, employment, and future for decades.