CRIMINAL DEFENSE
Weapons Crimes
Texas Unlawful Carrying Of A Weapon Attorney
Although Texas gun laws are more favorable to gun owners than many states, there are still strict limits on where, when, and how a person may lawfully carry a handgun or other weapon. Confusion about those rules is a common reason people get arrested.
Texas Penal Code Section 46.02 governs unlawful carrying of a weapon. Common allegations involve carrying a handgun on or about the person when the statutory exceptions do not apply, or carrying a handgun in a vehicle while it is in plain view, while engaged in criminal activity, while prohibited from possessing a handgun, or while alleged to be a gang member.
The statute identifies a handgun, a club, and a location-restricted knife as weapons under the law. Whether an item actually meets one of those legal definitions is often a central issue in the defense.
In many cases unlawful carrying of a handgun or club is a Class A misdemeanor, carrying up to one year in jail and a fine of up to $4,000. The charge may be elevated, including to felony level, in certain settings such as alcohol-licensed premises.
Common defenses include illegal seizure, lack of probable cause, proof that the handgun was not in plain view, proof that the accused was not engaged in criminal activity, and proof that the item was not actually a weapon under the statute.
Our goal is to identify every viable defense and pursue dismissal whenever possible. When the facts or the police conduct do not support the charge, we work to put you in the best position to obtain a not-guilty result or another favorable resolution.
