Unlawful carrying of a weapon in Texas happens when someone carries a handgun in a way that state law does not allow. Most adults 21 and older can carry without a license, but limits still apply. Your risk of a charge depends on where you are, how the gun is carried, and your criminal history.

Can You Carry a Gun in Texas Without a License?

Yes, most adults can. Since September 1, 2021, Texas has allowed many people 21 and older to carry a handgun without a License to Carry, often called permitless carry or constitutional carry.

What Is Unlawful Carrying of a Weapon Under Texas Law?

Unlawful carrying of a weapon, or UCW, is defined in Texas Penal Code Section 46.02, which still limits carrying under permitless carry.

Under Texas Penal Code Chapter 46, carrying a handgun can become a crime when a person:

• Is younger than 21 and is away from their own property, vehicle, or boat

• Has certain assault, deadly conduct, or terroristic threat convictions from the past five years

• Carries while intoxicated outside their own property or vehicle

• Intentionally displays an unholstered handgun in plain view in a public place

• Is legally barred from having a firearm, such as after a felony or family violence conviction

Can You Carry a Gun in Your Car in Texas?

Generally, yes, if you own or control the vehicle and can legally have a gun. Problems start when the gun is visible without a holster, or you are breaking another law.

Under Section 46.02, carrying a handgun in your vehicle or boat is a crime when:

1. The gun is in plain view, unless you are 21 or older or licensed and the gun is holstered.

2. You are engaged in criminal activity other than a minor traffic or boating violation.

3. You are prohibited by law from possessing a firearm.

Where Is It Illegal to Carry a Gun in Texas?

Texas bans weapons in certain places, even for people who can legally carry. These rules are in Penal Code Section 46.03, and most violations are third-degree felonies.

Prohibited places include:

• Schools and school buses, unless written authorization applies

• Polling places on election day or during early voting

• Courts and court offices

• Racetracks and secured airport areas

• Businesses that earn 51 percent or more of their income from alcohol served on site

Carrying at hospitals, amusement parks, or sporting events is usually a Class A misdemeanor instead.

What Is the Punishment for Unlawful Carrying of a Weapon in Texas?

Most UCW charges are Class A misdemeanors, punishable by up to one year in county jail and a fine of up to $4,000. The charge becomes a felony when the person is legally barred from having a firearm.

These ranges come from Texas Penal Code Chapter 12. Section 46.11 also raises the penalty within 300 feet of a school.

A conviction can also affect jobs, housing, and License to Carry eligibility.

What Defenses Apply to a UCW Charge?

The right defense depends on the facts. A defense attorney will usually review:

• The stop and search. You can challenge evidence from an illegal search.

• Legal exceptions. Section 46.15 covers people who are traveling, hunting, or fishing.

• Your record. An older conviction may not actually trigger a gun ban.

When Should You Talk to a Lawyer About a Gun Charge?

Talk to a lawyer as soon as possible after an arrest. Early advice protects your rights before you speak with police or prosecutors.

The Conroe criminal defense lawyers at Duckworth & Ray have defended clients in Montgomery County since 1998. Their office sits two blocks from the courthouse, and they also serve Harris and Grimes counties. For gun charges tied to an assault, see their family violence defense page.

If you are facing a weapons charge, speak with a gun charge lawyer at Duckworth & Ray. Call 936-756-6555 for a free phone consultation. Early advice is the best protection against a charge for unlawful carrying of a weapon in Texas.

Frequently Asked Questions

Is unlawful carrying of a weapon a felony in Texas?

Usually not, since most UCW charges are Class A misdemeanors. Carrying in a prohibited place, such as a school or polling place, is generally a third-degree felony under Section 46.03.

Can you open carry a handgun in Texas?

Yes, if the handgun is in a holster and you can legally carry. Intentionally displaying an unholstered handgun in plain view in public is a crime.

Is it illegal to carry a gun while drinking in Texas?

It can be. Carrying a handgun while intoxicated is a crime unless you are on your own property, on private property with the owner's consent, or in a vehicle or boat you may use.

How does a family violence conviction affect gun rights in Texas?

Texas law bars a person convicted of Class A family violence assault from possessing a firearm for five years after release from jail or community supervision. Federal law also generally bans gun possession after a misdemeanor domestic violence conviction.

Can a UCW charge be removed from your record?

Sometimes. If the charge is dismissed or you are found not guilty, you may qualify for expunction and non-disclosure relief. Eligibility depends on how the case ended.