Texas is famous for its hunters and marksmen. You know what they say. Don’t mess with Texas because everyone knows how to shoot, from tough-talking grannies to mild-mannered church ladies. Even though some recent high-profile violent crimes took place in Texas, this does not mean that Texas is a free-for-all when it comes to gun laws. It has stricter laws than some other states regarding which weapons you can bring where and under what circumstances. It is even possible to get felony charges simply for possessing a firearm or other dangerous weapon in the wrong context. If you are facing criminal charges for unlawful carry of a weapon, contact a Texas criminal defense lawyer.
What Counts as a Restricted Weapon?
Charges of unlawful carry of a weapon (UCW) can apply to a variety of weapons in Texas, not exclusively firearms. The charge applies when it is generally legal for someone to possess the weapon, but the person has brought the weapon to a place where weapons are not allowed or are subject to a legal action that restricts the individual’s right to bring the weapon outside his or her own property. The applicable weapons are handguns, certain types of knives, and certain types of clubs.
Where You Can and Cannot Carry Weapons
Most charges for unlawful carry arise from people bringing weapons to places where weapons are not allowed. These are some of the places where you can be arrested for unlawful carry if you bring your weapon:
● Airports
● Schools
● Private Universities
● Courthouses
● Hospitals
● Nursing homes
● Amusement parks
● Racetracks
● Jails and prisons
● Polling places
● Government buildings
● Private businesses that display a “no weapons” sign
Sometimes the reason you are not allowed to carry a weapon has to do with your personal history and not where you brought the weapon. You can get charged with misdemeanor UCW if a weapon is present when you get arrested for a minor offense, such as drunk driving, drug possession, evading arrest, or reckless driving. You can also get charged with UCW if you bring your weapon anywhere except your home if you have a felony conviction or if a court has issued a protective order or affirmative finding of family violence (AFFV) against you.
Criminal Penalties for Unlawful Carry of a Weapon
Ordinarily, UCW is a class A misdemeanor, and the maximum penalty is one year in county jail. If there are aggravating factors, such as the defendant having a prior felony conviction, UCW is a third-degree felony. The maximum penalty for felony UCW is two to ten years in state prison. UCW is always a felony when the charge is bringing the weapon to a place where weapons are not allowed.
Contact the Law Office of Patrick J. McLain, PLLC About Criminal Defense Cases
A Dallas criminal defense lawyer can help you if you are facing criminal charges for possessing a weapon in the wrong place at the wrong time. Contact the Law Office of Patrick J. McLain, PLLC, in Dallas, Texas, to discuss your case.