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Unlawful Carrying of Firearm

Unlawful Carrying of Firearm


New legislation passed on July 2021 gave gun owners in Texas the right to constitutionally carry in the state. Meaning it’s now legal to open or conceal carry in the state of Texas without a license or permit. The passage of HB 1927 by Governor Abbott not only allowed open or conceal carry, but now you can expunge your record of any unlawful carry convictions before September 1st, 2021. However, despite this information it’s important to know you can still face charges for UCW. You can still face criminal charges for improperly carrying a handgun, illegal knife, or club.

UCW charges are often classified as misdemeanors, but they may be graded as felony offenses in certain cases. If you or someone you know has been arrested for unlawful carry, call Horak Law.

Houston Unlawful Carrying of Firearm Lawyer

Were you recently arrested for the alleged unlawful carrying of a weapon in Texas? It is in your best interest to seek legal representation as soon as possible.

Harris County unlawful carrying of firearm attorney Matt Horak represents clients in and around Houston, including such communities as Pearland, Richmond-Rosenberg, Conroe, The Woodlands, Pasadena, Sugar Land, Galveston, League City, Spring, and Missouri City.

Horak Law will provide a complete evaluation of your case as soon as you call our firm at (713) 225-8000 or toll-free at [phone-tollfree] to schedule a completely initial consultation.


Harris County Unlawful Carrying of Firearm Overview


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Unlawful Carrying Weapon Charges in Texas

For decades, the state of Texas prohibited residents from open or conceal carry. That all changed with the passage of HB 1927, a new bill that grants the right to constitutionally carry to all Texan residents. Now, a person can only be charged with unlawful carry if:

  • They intentionally, knowingly, or recklessly carried a handgun; and
    • Were younger than 21 at the time; or
    • They were convicted of an crime under Section 22.01 (a)(1), 22.07, 22.05, or 42.01(a)(7) or (8) in the last five years preceding the date the offense was committed; and
      • They are not on their own premises or premises they have control over; or
      • Inside or directly en route to a watercraft or automobile they own

A handgun refers to any firearm that is designed, made, or adapted to be fired with one hand, but Texas Penal Code § 46.01 establishes the following definitions for the other types of weapons in a UCW offense:

  • Club — An instrument specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument. This term includes, but is not limited to a blackjack, nightstick, mace, or tomahawk.
  • Illegal Knife — This term applies to a knife with a blade over five and one-half inches, hand instrument designed to cut or stab another by being thrown, dagger—including but not limited to a dirk, stiletto, and poniard, bowie knife, sword, or spear.

Beginning in September 2015, a person also commits this offense if he or she intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft he or she owns or is under his or her control at any time in which

  • The handgun is in plain view and it is carried in a shoulder or belt holster; or
  • Engaged in criminal activity, other than a class c misdemeanor that is a violation of a law or ordinance regulating traffic or boating; or
  • Prohibited by law from possessing a firearm

UCW is a Class A misdemeanor offense punishable by up to one year in jail and a fine of up to $4,000. However, this crime is classified as a third-degree felony punishable by up to 10 years in prison and a fine of up to $10,000 if it is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.


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Unlawful Carrying a Handgun in Harris County

Texas law prohibits open or conceal carry of a handgun in certain situations. This statute makes it a Class A misdemeanor punishable by up to one year in jail and a fine of up to $4,000 for an alleged offender to:

  • Intentionally, knowingly, or recklessly carry a handgun under the legal authority granted by the Texas Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, on or about his or her person on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the person is a participant in the event and a handgun is used in the event, on the premises of a hospital or nursing home without the written authorization of the hospital or nursing home administration, in an amusement park, or on the premises of a church, synagogue, or other established place of religious worship;
  • Intentionally, knowingly, or recklessly carry a handgun under the legal authority granted by the Texas Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, at any meeting of a governmental entity;
  • Carry a handgun while intoxicated under the legal authority granted by the Texas Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster; or
  • In the course and scope of employment as a licensed security officer, violate a provision of the legal authority granted by the Texas Government Code.

It is a third-degree felony under this statute if the alleged offender intentionally, knowingly, or recklessly carries a handgun under the legal authority granted by the Texas Government Code. This prohibition is regardless of whether the handgun is concealed or carried in a shoulder or belt holster, on or about his or her person on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74 of the Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, or on the premises of a correctional facility.

If convicted of unlawfully carrying of a firearm in Texas, the punishable by up to 10 years in prison and a fine of up to $10,000.


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Expunging Unlawful Carry Convictions Before Sept 1st, 2021

The passage of HB 1927 didn’t just allow Texans to constitutionally carry. It also meant Texan residents were allowed to expunge unlawful carry convictions off their record if they were charged before September 1st, 2021. According to the TDCAA, nearly 130,000 people will be eligible for expungement on September 1st.

You may be wondering, how you file for expungement. The first step is to fill out and file the petition with the court who had jurisdiction over your unlawful carry conviction. You will then wait to see if the respondent (law enforcement agency or county attorney for your case) appeals your case and if not, the judge will overlook your petition. They will then grant it if you meet the criteria for expungement and no one will be able to access your arrest, charges, or conviction once the expungement has been granted.


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Texas Unlawful Carrying of Firearm Defenses

Anybody who has been charged with unlawfully carrying a handgun or other weapon in Harris County or any surrounding area of Texas, it is important to understand that there often numerous defenses available in these cases. Every case is different, so it is wise to have an experienced lawyer review the unique circumstances surrounding your own arrest and evaluate which claims would be most beneficial for you.

Generally, a few of the most common defenses in these types of cases include, but are not limited to:

  • Alleged offender did not intentionally, knowingly, or recklessly carry the handgun, firearm, or weapon;
  • Alleged offender was engaged in lawful hunting, fishing, or other sporting activity;
  • Alleged offender was in or on his or her own private property;
  • Alleged offender was traveling;
  • Handgun was not in plain view;
  • Misidentification of alleged offender; or
  • Nothing unlawful about alleged weapon.

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 Defenses for Trespassing with a Firearm

On September 1st, 2019, the state of Texas passed new laws which added multiple defenses that can be used in court if you’re charged with trespass with a firearm. Under Section 30.06 of the Texas Penal Code, it’s now a defense to the prosecution that the person was personally given notice of oral communication and promptly departed the property after that signal.

In addition, various defenses were added to the Texas Penal Code 30.05 for the crime of criminal trespass. It’s now a defense to the prosecution for trespassing with a firearm if:

  • You’re the owner of the apartment in a condominium regime;
  • You own the condominium unit the crime happened in;
  • You’re a tenant or guest of the owner; or
  • You’re a guest of a tenant living in another’s leased home

The actor must have done one of the following to qualify for this admissible defense. These circumstances include:

  • Carried or stored the firearm or ammunition in the condominium apartment or unit owner’s apartment or unit; or
  • Carried a firearm or ammunition directly en route to or from the condominium apartment or unit owner’s apartment or unit; or
  • Carried a firearm or ammunition directly en route to or from the defendant’s vehicle located in a parking area provided for residents of the property; and
  • The actor is not otherwise prohibited by law from possessing a firearm or ammunition

It’s also an admissible defense to the jury if the actor was a tenant of a manufactured home lot or the tenant’s guest and they were:

  • Carrying or storing a firearm or ammunition in the tenant’s home; or
  • Carrying a firearm or ammunition directly en route to or from their home;
  • Carrying a firearm or ammunition directly en route to or from their vehicle located in the parking area provided for the residents of the premises; or
  • Carries or stores a firearm or ammunition in their vehicle located in the parking area of for the tenants or guests of the tenants; and
  • The actor was not prohibited from possessing a firearm or ammunition

Texans can also avoid criminal charges if they were entering a railroad switching yard or any part of a railroad switching yard and was at the time an employee or representative of employees exercising a right under the Railway Labor Act.


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Harris County Firearm Resources

National Rifle Association Institute for Legislative Action (NRA-ILA) | Texas State Profile — This website provides an overview of gun laws in the Lone Star State as well as concealed carry reciprocity with other states in the nation. There are also sections dedicated to recent news and laws on purchase, possession, and carrying of firearms.

Texas Department of Public Safety (DPS) | Concealed Handgun Licensing — You can learn more about the Concealed Handgun Licensing (CHL) Program administered by DPS on this website. There is also information about the CHL fingerprint and photo requirements. DPS also needs to conduct a fingerprint-based state and FBI Criminal History background check as part of the application process for both original and renewal applicants.


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Contact an Unlawful Carrying of Firearm Lawyer in Houston

If you have been arrested for unlawfully carrying a handgun or other weapons charges in Texas, make sure that you have legal counsel willing to fight to protect your Second Amendment rights. Matt Horak is a criminal defense attorney in Houston, TX who has more than a decade of experience handling these types of cases, including several years as an Assistant District Attorney in the Harris County District Attorney’s Office.

Horak Law helps alleged offenders charged with weapons or firearm crimes all over the Houston area, including locations in Harris County, Montgomery County, Brazoria County, Fort Bend County, Liberty County, Waller County, and Galveston County. Contact our firm today at (713) 225-8000 or toll-free at [phone-tollfree] to receive a confidential consultation that will let our Harris County unlawful carrying of firearm attorney review your case.

 


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