Unlawful Carrying Of A Weapon Lawyer In Beaumont, TX
Since September 1, 2021, many adults in Texas can carry a handgun without a license. Unlawful carrying of a weapon is now a charge about who is carrying, how, and where, and this page explains the categories, the penalties and how a case can be defended.
What Is Unlawful Carrying Of A Weapon In Texas?
Under Penal Code § 46.02, a person 21 or older who is not otherwise barred may carry a handgun without a license. Unlawful carrying is charged when the person falls outside that rule, such as an age or prior conviction category. It is a Class A misdemeanor, or a third degree felony on licensed alcohol premises.
Understanding Texas Law
How Does Texas Law Define Unlawful Carrying Of A Weapon?
House Bill 1927, the Firearm Carry Act of 2021, rewrote Penal Code § 46.02. Before it, carrying a handgun away from home or a vehicle generally required a license. Now a person who is 21 or older and not otherwise barred may carry a handgun, concealed or visible in a holster, without one.
What remains of § 46.02 is the list of people and situations the new rule leaves out. Unlawful carrying, often shortened to UCW, is charged when the state says someone falls into one of those categories.
Carrying a handgun without a license is an offense under § 46.02 when the person:
- Is younger than 21, subject to the court ruling discussed below
- Was convicted in the previous five years of Class A assault by bodily injury, deadly conduct, a terroristic threat, or certain firearm-related disorderly conduct
Those two categories do not apply on the person's own premises or in or directly en route to a vehicle or boat they control. Inside a vehicle, § 46.02 has its own conditions, covering plain-view handguns, criminal activity, prohibited persons and gang membership.
Penalties And Consequences
What Are The Penalties For Unlawful Carrying Of A Weapon In Texas?
The level depends on the section charged and on where the handgun was. These are statutory limits, not predictions.
Up to a $4,000 fine.
Third degree felony with a fine up to $10,000.
- Unlawful carrying, § 46.02
- Class A misdemeanor. Up to one year in jail and a $4,000 fine.
- On alcohol licensed premises
- Third degree felony under § 46.02(c). Two to ten years and a fine up to $10,000.
- Restricted places, § 46.03
- A separate section lists places where weapons are restricted, with the level of offense varying by place. The current list is checked against the statute for any specific location.
- Firearm while prohibited
- A person barred from possessing a firearm can face a separate felony under § 46.04.
- License effect
- A conviction can affect eligibility for a license to carry under Government Code Chapter 411.
- Federal exposure
- Federal law also bars certain people from possessing firearms. Those cases go to the United States District Court for the Eastern District of Texas, Beaumont Division.
A seized handgun can also be subject to forfeiture, and a felony conviction ends the right to possess a firearm under state and federal law.
Real Questions
What Do People Ask About Unlawful Carrying In Texas?
Is a license still needed to carry a handgun?
Can carrying in a restaurant or bar become a felony?
What if the person did not know a place was restricted?
What if the gun was under the seat or in a glove box?
Possible Defenses
How Can An Unlawful Carrying Charge Be Defended?
The state must show the person fits a category the statute names. That means looking at age, criminal history, the place and how the handgun was being carried. No result can be promised.
Section 46.02 still names being under 21 as a basis for the offense. In August 2022, a federal district court in Firearms Policy Coalition v. McCraw ruled that Texas could not keep law-abiding 18 to 20 year olds from applying for a license to carry, and the state dropped its appeal that December. How the ruling applies to a given arrest is a question for the court hearing it.
Related charges can follow a weapons arrest.
A gun found during an arrest can raise federal charges when federal law bars the person from possessing it, and it can add a state charge under § 46.04 for a prohibited person.
A dismissed charge can be removed through an expunction. For related public order charges, see disorderly conduct, and for firing a gun in town, see discharge of a firearm.
The Stop Or Encounter
Why did the officer make contact, and was the search lawful?
Possession
Was the handgun on the person, or in a vehicle the person controlled?
Age And Licensing
Do the age rule and the 2022 licensing ruling apply to this person?
The Earlier Conviction
Does the alleged prior fit a listed category and fall inside five years?
The Location
Is the place on the restricted list, or licensed for alcohol sales?
Statements
Did the person speak to an officer in custody without proper warnings?
Local Process
What Happens After A Weapons Arrest In Jefferson County?
A Class A charge is filed in a misdemeanor court, and a felony goes to a grand jury. The weapon is held as evidence while the case is pending.
Arrest And Seizure
The handgun is taken as evidence, and the person is booked and brought before a magistrate, who sets bond.
Charging And Evidence
The prosecutor files the charge, or presents a felony to a grand jury. The defense asks for body camera video, reports and records on any prior conviction.
Motions And Resolution
The defense can challenge the stop or search. The case can end in dismissal, a reduction, a plea, supervision or a trial.
- Misdemeanor filing
- Class A cases in one of the Jefferson County Courts at Law, prosecuted by prosecutors in Jefferson County.
- Felony venue
- A grand jury, then the district courts at the Jefferson County Courthouse on 1085 Pearl Street, prosecuted by the Jefferson County Criminal District Attorney's Office.
- Who makes the arrest
- Beaumont Police Department, Jefferson County Sheriff's Office, Texas DPS Highway Patrol, Port Arthur Police Department, Nederland Police Department, Port Neches Police Department, or Groves Police Department.
- Booking
- Arrestees from every law enforcement agency in the county are booked into the county's jail system.
- If the case is appealed
- the Ninth Court of Appeals in Beaumont.
Next Steps
What Should You Do After A Weapons Charge?
These steps are general information, not advice for any one person.
Pause Before Carrying Again
If age, a prior or a location was involved, ask before carrying again.
Keep The Paperwork
Save arrest papers, the property receipt and any license or purchase records.
Note The Location
Write down exactly where you were and whether any signs were posted.
Stay Quiet Online
Posts and messages can be used as evidence.
Ask About The Handgun
Ask what happens to a seized firearm and how to request its return.
Weigh Gun Rights
A felony can end the right to possess a firearm, so ask before resolving the case.
A lawyer can review whether the carry fell inside or outside the statute. Mitchell Law Firm offers a confidential conversation about weapons charges in Jefferson County, and serves the county from its Orange office.
Official Texas Sources
Read The Law Behind This Page
- Texas Penal Code Chapter 46: Unlawful carrying in § 46.02 and restricted places in § 46.03
- Texas Penal Code Chapter 12: Punishment classes and ranges
- Texas Government Code Chapter 411: License to carry a handgun
- Texas Code of Criminal Procedure Chapter 39: Discovery of the state's evidence
- Texas Department of Public Safety: License to carry
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Beaumont trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
Related Topics
Other Criminal Charges Handled In Beaumont, TX
A weapon found during an arrest can raise questions under several other statutes. See the full criminal defense overview for Beaumont.
Other Criminal Charges
Property, weapons, and public order offenses that sit outside the main categories.
Probation And Sentencing
What a sentence can look like, and what happens when the terms of one are challenged.
Records And Defense
How a case can come off, or be shielded on, a record, and the defense tools the law provides.
Common Questions
Unlawful Carrying Questions People In Beaumont Ask
Can a handgun be carried without a license in Beaumont, TX?
Since House Bill 1927 took effect on September 1, 2021, Texas Penal Code § 46.02 has allowed a person who is 21 or older and not otherwise barred to carry a handgun, concealed or in a holster, without a license. Exceptions include people with certain recent convictions or who are prohibited from possessing firearms, and restricted places remain off limits.
What is the penalty for unlawful carrying of a weapon in Jefferson County?
An offense under § 46.02 is a Class A misdemeanor, punishable by up to one year in jail and a fine up to $4,000. It becomes a third degree felony, two to ten years, when committed on premises licensed or permitted by the state for the sale of alcoholic beverages. Carrying into a restricted place is charged separately.
How does the age rule apply to 18 to 20 year olds in Beaumont, TX?
Section 46.02 still names being younger than 21 as a basis for the offense. In 2022, a federal district court in Firearms Policy Coalition v. McCraw held that Texas could not keep law-abiding 18 to 20 year olds from obtaining a license to carry, and the state withdrew its appeal. How that ruling applies to a specific arrest is decided by the court hearing it.
What are the rules for a handgun in a vehicle in Jefferson County?
Section 46.02 allows a person who may lawfully carry to keep a handgun in a vehicle they own or control. It is an offense if the handgun is in plain view and not in a holster, unless the person is licensed, or if the person is engaged in criminal activity beyond a Class C traffic violation, is barred from possessing a firearm, or is a gang member.
Does an unlawful carrying conviction in Beaumont, TX affect gun rights?
A Class A conviction under § 46.02 is a misdemeanor, so it does not by itself trigger the felon-in-possession statute, § 46.04. A felony conviction under the alcohol premises provision does, and any conviction can affect eligibility for a license to carry under Government Code Chapter 411 for a period of years.
Which places are off limits for carrying a weapon in Beaumont, TX?
Penal Code § 46.03 lists places where weapons are restricted, and the levels of offense vary by place. The list has been amended over the years, so the current text should be checked for any specific location. Whether a person knew the place was restricted is one of the facts reviewed in a case.
Mitchell Law Firm, PLLC
The Details Decide The Charge
Age, history, location and manner of carry each change the analysis. Review the facts of the stop before anything is decided.
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