In Texas, the Unlawful Carrying Weapons (UCW) law is governed by Texas Penal Code §46.02. This law covers when it is a crime to carry a handgun in public. Clubs and illegal knives were taken out of this section by earlier law changes. Today §46.02 applies mainly to handguns. It also covers a knife with a blade over 5.5 inches carried by a person under 18.
Texas changed this rule on September 1, 2021. House Bill 1927 created what many people call permitless carry or constitutional carry. Most adults 21 and older who can legally own a gun may now carry a handgun in public without an LTC. They may carry it hidden or openly in a holster.
You can still be charged under §46.02 in several situations. It is a crime to carry a handgun in public if you are under 21, if you have certain convictions from the past five years, or if the law bars you from having a gun. It is also a crime to show a handgun in plain view in public unless it is in a holster, or to carry a handgun while you are drunk or high.
What Is a Concealed Weapon?
A concealed weapon is defined as a firearm, knife, or other weapon that is hidden from view and not discernible by ordinary observation.
In Texas, you no longer need an LTC to carry a hidden handgun if you are 21 or older and can legally own a gun. You may also carry openly, but the handgun has to be in a holster. An LTC is still offered and still has real benefits, which are covered below.
Are There Any Exceptions to the Law?
There are several exceptions to the Unlawful Carrying Weapons law in Texas. Some of these include:
Carrying a Handgun on Your Own Premises or Premises Under Your Control
For example, if you own a house and have a handgun for self-defense, you are allowed to carry the handgun within the boundaries of your property. Similarly, if you own or manage a business, you can carry a handgun within the property under your control.
Carrying a Handgun While Inside a Motor Vehicle
Suppose you are driving from your home to a shooting range for target practice. You have your handgun in your car. If you are 21 or older, or you hold an LTC, the handgun may be in plain view as long as it is in a holster. If neither applies, it must stay out of sight. You also must not be engaged in criminal activity or be barred from having a gun.
Carrying a Handgun While Engaged in Lawful Hunting, Fishing, or Other Sporting Activities
Imagine you are on a hunting trip in a designated hunting area, and you have a handgun with you for personal protection. As long as you are on the immediate premises where the hunting activity is taking place or traveling to or from such premises, you are within the exceptions to the UCW law.
Carrying a Handgun With a License to Carry (LTC)
An LTC is now optional for most adults in Texas, but it still has value. An LTC lets you carry in some spots that are off limits to permitless carriers, such as public college campuses. It also lets you carry in states that honor a Texas license. You apply through the Texas Department of Public Safety and finish the required training.
For example, you might be carrying your concealed handgun while shopping at a grocery store that does not display a sign prohibiting firearms.
Please note that these examples are for illustrative purposes only and may not cover all possible scenarios. Consult with a lawyer in Texas or familiarize yourself with the local laws and regulations governing firearms in your area to completely protect yourself.
Permitless carry does not apply everywhere. Texas Penal Code §46.03 still bars handguns at schools and school events, polling places, courts, racetracks, secured airport areas, and businesses that make most of their money from alcohol sales. Property owners can also ban guns by posting proper notice.
Some people cannot carry at all. That includes anyone under 21, felons, people under a protective order, and anyone convicted in the past five years of assault causing bodily injury, deadly conduct, terroristic threat, or disorderly conduct with a firearm.
Can I Still Be Arrested Even if I Am in My Car?
Although Texas law allows you to carry a handgun in your vehicle under certain circumstances, you can still be arrested if the conditions specified in the exception are not met.
You may still be arrested if the handgun is in plain view and not in a holster, or if you are under 21 without an LTC. The same is true if you are engaged in criminal activity or the law bars you from having a gun. Carrying a handgun in a vehicle as a member of a criminal street gang is a separate offense under Texas Penal Code §46.04.
If you are stopped by law enforcement, remain calm, follow their instructions and communicate clearly about the presence of a firearm in your vehicle.
The following are some steps to follow:
- Pull over to a safe location and turn off your vehicle.
- Roll down your window, and place your hands on the steering wheel, where they are visible to the officer.
- If the officer asks for your identification, inform the officer that you need to reach for your wallet or purse to get your ID and that you have a firearm in the vehicle.
- Clearly communicate the location of the firearm in your vehicle without making sudden movements. For example, you might say, “Officer, I want to let you know that I have a legally owned firearm in my glove compartment.”
- If you have a License to Carry (LTC), inform the officer and provide the necessary documentation when asked.
- Continue to follow the officer’s instructions and answer any questions they may have.
What Does the Term “Premises” Mean Under the Unlawful Carrying Weapons Law?
“Premises” is defined inside the UCW law itself. Under Texas Penal Code §46.02(a-2), it means real property, such as your home, your yard, or your place of business. It also covers a recreational vehicle used as living quarters, like a travel trailer, truck camper, or motor home. A narrower meaning of “premises” applies to the separate law on places where weapons are banned, so the two are not the same.
What Is the Punishment for Unlawful Carrying of Weapons in Texas?
In Texas, the punishment for Unlawful Carrying Weapons can vary depending on the specifics of the offense.
Generally, unlawfully carrying a handgun in public is a Class A misdemeanor, punishable by up to one year in jail, a fine of up to $4,000, or both. However, the charges and penalties may vary based on the circumstances and the offender’s criminal history.
Some UCW offenses are felonies. If you carried a handgun while barred from having a gun because of a felony conviction, the charge is a second degree felony with a minimum of five years in prison. If the bar came from a family violence assault conviction or a protective order, the charge is a third degree felony.
One part of the law is a Class C misdemeanor. It applies when a person under 18 carries a knife with a blade over 5.5 inches away from home, away from their vehicle, and without a parent present. A Class C misdemeanor brings a fine of up to $500 and no jail time.
Do I Need an Attorney to Help Me With My Weapons Case?
If you are facing charges related to Unlawful Carrying Weapons or any other firearms-related offense, it is highly recommended that you consult with a knowledgeable Texas criminal lawyer.
An experienced attorney can guide you through the court process, protect your rights, and work to achieve the best possible outcome for your case. Texas gun laws changed a lot in 2021, so a lawyer can also confirm which version of the law applies to the date of your case and build a strategy that fits your situation.
LegalMatch is an online legal marketplace that can help you find a qualified attorney in Texas who can assist you with your weapons case.
The following shows how LegalMatch works:
- Create a profile: First, create a profile on LegalMatch’s website and provide details about your case and legal needs.
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Use LegalMatch to save time and effort in finding a qualified attorney to assist you with your weapons case.
