Schneider Law Firm, P.C. | Family Law & Criminal Defense

Unlawful Carrying of a Firearm

Texas has some of the most well-known gun laws in the country, but that doesn’t mean you can carry a firearm wherever and whenever you want. Many people are surprised to find themselves facing Unlawful Carrying of a Weapon (UCW) charges—even when they thought they were within their legal rights.

What Is Unlawful Carrying of a Firearm in Texas?

Under Texas Penal Code § 46.02, Unlawful Carrying of a Weapon involves knowingly carrying a handgun outside your premises or vehicle without a license, or carrying in a manner that violates the law—such as while intoxicated, in a prohibited place, or as a prohibited person.

Even with the state's permitless carry laws (also known as Constitutional Carry), there are still many circumstances where carrying a firearm is illegal. Common situations that lead to UCW charges include:

  • Carrying a handgun while intoxicated
  • Carrying a weapon in a school, airport, courthouse, or other restricted area
  • Possessing a firearm as a convicted felon or someone under a protective order
  • Carrying a weapon in plain view in a manner calculated to cause alarm

Penalties for Unlawful Carrying of a Weapon

The consequences of a UCW conviction can be severe, especially if the offense is enhanced due to location or prior criminal history. Penalties may include:

  • Class A misdemeanor: Up to 1 year in jail and/or up to $4,000 in fines
  • Third-degree felony (e.g., carrying in a prohibited location): 2 to 10 years in prison and up to $10,000 in fines
  • A permanent criminal record
  • Loss of firearm rights
  • Impact on employment, housing, and professional licensing

At Schneider Law Firm, P.C., we understand the confusion and stress that comes with being charged with a weapons offense. Our experienced criminal defense attorneys serve clients throughout Tarrant County, including Fort Worth, Arlington, Mansfield, and Keller, and are here to fight for your freedom and your future.

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Frequently Asked Questions

Can I still be charged with UCW even though Texas allows permitless carry?

Yes. Permitless carry, also called Constitutional Carry, only applies under very specific conditions. You can still be arrested and charged with UCW if:

  • You're carrying while under the influence of drugs or alcohol
  • You're in a prohibited location
  • You're a prohibited person, such as someone with a felony conviction, a domestic violence protective order, or a history of mental illness that disqualifies firearm possession

Just because you're allowed to carry doesn’t mean you're protected in every situation. Contact Schneider Law Firm today to review your case.

Is Unlawful Carrying of a Weapon a felony or misdemeanor?

In Texas, Unlawful Carrying of a Weapon (UCW) can be charged as either a misdemeanor or a felony, depending on the details of the offense.

  • It’s typically a Class A misdemeanor if you’re carrying a handgun unlawfully but not in a restricted area. Penalties may include up to 1 year in jail and a $4,000 fine.
  • It becomes a third-degree felony if the firearm is carried in a prohibited location like a school, airport, or courthouse. This carries 2 to 10 years in prison and up to $10,000 in fines.

Even a misdemeanor conviction can have long-term consequences, including a permanent criminal record and the potential loss of your right to carry firearms in the future.

If you’ve been charged with UCW, don’t take chances with your future. Contact Schneider Law Firm today for a confidential consultation.

Can I carry a firearm while drinking or at a bar?

No. Texas law prohibits carrying a firearm while intoxicated, even if you're otherwise allowed to carry.

Additionally, it’s illegal to carry a handgun:

  • In a bar or establishment that earns 51% or more of its revenue from alcohol
  • While drinking, if you're impaired to any extent

Even if you have a license or are relying on Constitutional Carry, these restrictions still apply.

If you’re facing UCW charges for carrying while intoxicated or at a bar, contact Schneider Law Firm for immediate help.

I thought Texas had permitless carry. Why was I still arrested?

Texas’s permitless carry law, also known as Constitutional Carry, only allows certain individuals to carry without a license. You can still be arrested for UCW if:

  • You're intoxicated
  • You're in a prohibited place
  • You have a criminal record that disqualifies you
  • You carried the gun in a way that caused public alarm

These laws can be confusing, and even a small mistake can lead to serious consequences. Let Schneider Law Firm help you understand your rights and defend your freedom.

What should I do if I’ve been arrested for Unlawful Carrying of a Weapon?

If you've been arrested for UCW in Texas, take these steps immediately:

  1. Do not speak to the police without legal representation.
  2. Avoid posting about your case on social media.
  3. Contact a criminal defense attorney as soon as possible.

A UCW charge can carry jail time, fines, and a permanent record, but with the right defense, there may be ways to reduce or dismiss the charges.

Call Schneider Law Firm today. We’ll fight to protect your rights, your record, and your future.

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