Understanding the UCW Charge in Texas: Definition, Penalties, and Defenses

Unlawful carrying weapons is a charge I often see in conjunction with another charge. That is because a prerequisite of the charge in some cases is that a person intentionally, knowingly or recklessly carries a weapon while engaging in other criminal activity. Therefore, even a person who is able to carry on a normal basis can be charged with UCW because they are “engaged in criminal activity”. This can include any felony or misdemeanor, such as a DWI. Anything greater than a Class C Ordinance regulating traffic is considered criminal activity for the purpose of UCW.

Many counties will often dismiss the UCW charge as part of a plea to the other crime charged, but with one catch: they often require forfeiture of the weapon to a local law enforcement agency. Sometimes, when the weapon is of low value, it’s worth it to go ahead and forfeit as a way to speed up the case, or gain a favorable plea deal.

If you have been charged in Central Texas and would like to speak with an experienced criminal lawyer, contact us for a free consultation.

What is Unlawful Carrying of a Weapon (UCW) in Texas?

Unlawful carrying of a weapon (UCW) in Texas occurs when an individual carries a weapon on his or her person, such as a handgun, without adhering to the legal requirements set forth by the Texas Penal Code. The law recognizes the right of individuals to carry handguns for personal protection under specific conditions. However, violations of these conditions lead to charges of unlawful carrying, especially when the individual knowingly, intentionally, or recklessly carries a handgun in situations where it is prohibited. Unlawful carrying weapons can also be charged when the weapon is in a person’s motor vehicle or watercraft, or if a person is a member of a criminal street gang.

The Texas Penal Code clearly outlines the circumstances under which a person commits an offense related to unlawful carrying of weapons. Specifically, a person commits an offense if they carry a handgun on or about their person without proper authorization or in places where carrying is expressly forbidden. This law applies to individuals who are under the age of 21 or have a felony conviction on their record, thus making them ineligible to carry handguns. The intent behind the law is to regulate the carrying of weapons to ensure public safety while respecting the rights of responsible gun owners.

Prohibited Carriers and Locations

Certain individuals are prohibited from carrying weapons in Texas due to past criminal convictions or other disqualifying conditions. For example, those with a felony conviction or a history of family violence are explicitly barred from carrying firearms. The legal mens rea standard is “intentionally, knowingly or recklessly, meaning that you could be charged in some cases for another person’s firearm even when you didn’t know it was present.

Additionally, people who have been involuntarily committed to mental institutions or judged mentally incompetent by a court are also prohibited from carrying weapons. The Texas Penal Code defines these prohibitions to prevent individuals who might pose a danger to themselves or others from carrying firearms.

The law also designates specific locations as gun-free zones where carrying weapons is strictly forbidden. These locations include schools, government buildings, places of worship, and any premises licensed to serve alcoholic beverages. Even with a license to carry, individuals must respect these zones, as violating the restrictions can result in severe legal consequences. However, Texas law does allow individuals to carry handguns on their own premises, in their motor vehicles or watercraft, provided that the firearm is not in plain view unless the person is licensed to carry.

Unlawful Carrying Weapons Law in Texas – Penalties

Penalties for unlawful carrying of a weapon in Texas can vary significantly depending on the specific circumstances of the case. For most straightforward UCW charges, the offense is classified as a Class A misdemeanor, which carries a penalty of up to one year in county jail and a maximum fine of $4,000. However, the penalties increase if the person carries a weapon in conjunction with another crime or if they are prohibited from carrying due to a prior felony conviction. In such cases, the offense may be elevated to a third-degree felony, which can result in a prison sentence of two to ten years and a fine of up to $10,000.

The penalties are also harsher for minors who unlawfully carry a location-restricted knife, which is considered a Class C misdemeanor. Although this offense carries a lighter penalty with a maximum fine of $500, it still marks a serious legal violation. In cases involving repeat offenders or those with prior felony convictions, the penalties can be further enhanced. This means that the consequences of a UCW conviction are not only immediate but can also have long-lasting impacts on an individual’s criminal record and future opportunities.

Defenses Against a UCW Charge in Texas

Defending against a UCW charge in Texas requires a nuanced understanding of the law and the specific circumstances of the case. One of the primary defense strategies is to challenge whether the accused individual knowingly, intentionally, or recklessly carried the weapon. The burden of proof lies with the prosecution, which must demonstrate beyond a reasonable doubt that the individual had the requisite intent to commit the offense. This can be particularly challenging in cases where the accused was unaware of the presence of the weapon or did not intend to carry it unlawfully.

Another common defense is to argue that the weapon was carried in a manner consistent with Texas law, such as within the person’s own premises or in a concealed manner within a motor vehicle. Additionally, the defense may argue that the weapon was being carried for self-defense purposes, which can be a valid legal justification in certain situations. However, the success of these defenses depends heavily on the specific facts of the case and the ability of the defense attorney to present a compelling argument in court.

UCW and Other Crimes

In Texas, the unlawful carrying of a weapon is often charged in conjunction with other crimes, which can complicate the legal proceedings. For instance, if a person is found carrying a weapon while committing a theft, burglary, or assault, they may face a Class A UCW charge in addition to charges for the underlying crime. Even if the other crime is relatively minor, such as a Class C misdemeanor, the presence of a weapon can elevate the seriousness of the offense and lead to harsher penalties.

The prosecution has the responsibility of proving that the individual knowingly or recklessly carried the weapon while committing the other crime. This can be a significant burden, especially in cases where the weapon was not used in the commission of the crime or was otherwise unrelated to the criminal activity. However, if the prosecution is successful in proving these elements, the consequences for the accused can be severe, potentially leading to a third-degree felony conviction with all the associated penalties.

Consequences of a UCW Conviction – Up to Third Degree Felony

A conviction for unlawful carrying of a weapon can have consequences beyond the immediate legal penalties. One of the most significant impacts is on the individual’s employment prospects. Many employers conduct background checks and may be unwilling to hire someone with a criminal conviction, especially one involving weapons. This can severely limit job opportunities and may lead to long-term financial instability.

In addition to employment challenges, a UCW conviction can also affect an individual’s housing options. Landlords may be hesitant to rent to someone with a criminal record, and in some cases, a conviction can result in the loss of public housing benefits. Furthermore, a felony conviction can permanently strip an individual of their right to own firearms, which is a significant loss for those who value their Second Amendment rights. The stigma of a criminal conviction can also affect personal relationships and social standing, making it essential to mount a strong defense against UCW charges.

Statute of Limitations for Unlawful Carrying of a Weapon in Texas

The statute of limitations for filing charges related to unlawful carrying of a weapon in Texas varies depending on the classification of the offense. For a Class A misdemeanor UCW, the limitation period is typically two years from the date of the offense. This means that the prosecution must bring charges within this time frame, or the accused individual may not be prosecuted for the offense. The statute of limitations serves as a legal safeguard, ensuring that cases are prosecuted in a timely manner and that evidence remains fresh and reliable.

However, the statute of limitations can be more complex for cases involving felony UCW charges. In general, felony offenses have a longer statute of limitations, which can extend up to three years or more, depending on the specific circumstances. It’s important for individuals facing UCW charges to be aware of these time limits, as they can play a critical role in the defense strategy. An experienced defense attorney can help navigate the complexities of the statute of limitations and ensure that the accused’s rights are protected throughout the legal process.

Seeking Legal Representation for a UCW Charge

Facing a UCW charge in Texas can be a daunting experience, and seeking legal representation is crucial for navigating the complexities of the case. The legal team at [Law Firm] specializes in defending clients against UCW charges, providing knowledgeable counsel and aggressive defense strategies. With a deep understanding of the Texas Penal Code and extensive experience in handling firearm-related cases, our attorneys are well-equipped to challenge the prosecution’s evidence and protect your rights.

At ATX Legal, we understand that each case is unique and requires a tailored approach. We work closely with clients to develop a defense strategy that takes into account the specific facts of the case, including any potential defenses based on intent, knowledge, or possession. We are committed to achieving the best possible outcome for our clients, whether that means negotiating a favorable plea deal, securing a dismissal of charges, or fighting for an acquittal at trial. Our firm has a strong reputation for providing effective legal representation in UCW cases, and we are dedicated to helping our clients move forward with their lives.

UCW and LTC Status

In Texas, individuals who hold a License to Carry (LTC), previously known as a Concealed Handgun License (CHL), is no longer required in Texas. This means that under the Texas Government Code, LTC holders an non-holders alike are permitted to carry a handgun in a shoulder or belt holster, either openly or concealed, in most public places. However, there are exceptions to this rule, particularly in designated gun-free zones or in situations where the individual is involved in criminal activity.