Unlawful Carrying Of A Weapon Lawyer In Conroe, TX
Many Texans who are 21 or older can carry a handgun without a license, so a UCW charge now turns on who was carrying, how the gun was carried and where the person was. This page covers what the statute still prohibits, the penalties, how these cases are defended and what happens locally.
What Is Unlawful Carrying Of A Weapon In Texas?
Unlawful carrying of a weapon under Texas Penal Code § 46.02 covers carrying a handgun when the person falls outside the permitless carry rules, such as being under 21, having certain recent convictions, or carrying in a vehicle in plain view without a holster. It is a Class A misdemeanor, and a third degree felony on alcohol licensed premises.
Understanding Texas Law
Who Can Still Be Charged With Unlawful Carrying After Permitless Carry?
House Bill 1927, the Firearm Carry Act of 2021, took effect on September 1, 2021 and rebuilt Texas Penal Code § 46.02. Before it, a license was needed to carry a handgun outside the home, car or boat. Now a person 21 or older who is not otherwise barred can carry one in public, concealed or in a holster, with no license.
What remains of § 46.02 is a set of people and situations outside that rule. Unlawful carrying of a weapon, often called UCW, is charged when the state alleges one of them.
Carrying without a license is an offense for a person under 21, subject to the licensing ruling discussed below. It is also an offense for someone convicted in the past five years of Class A assault by bodily injury, deadly conduct, terroristic threat or firearm disorderly conduct.
Examples of how a UCW case in Montgomery County can start:
- A 20 year old stopped at a gas station with a pistol in a waistband
- A driver pulled over with a handgun loose on the passenger seat, no holster and no license
- A person who pleaded to deadly conduct three years earlier and is now carrying
- A handgun carried into a bar or restaurant that holds an alcohol permit
Inside a vehicle, § 46.02 has its own list. Carrying there is an offense when the handgun is in plain view and not holstered and the person has no license, or when the person is engaged in criminal activity beyond a Class C traffic or boating violation, is barred from possessing a firearm, or is a gang member.
Penalties And Consequences
What Are The Penalties For Unlawful Carrying Of A Weapon In Texas?
The level depends on the section charged and the place. These are statutory limits, not predictions for any one case.
Up to a $4,000 fine.
Third degree felony with a fine up to $10,000.
- UCW, § 46.02
- Class A misdemeanor. Up to one year in county jail and a fine of up to $4,000.
- Alcohol licensed premises
- Third degree felony under § 46.02(c). Two to ten years in prison and a fine of up to $10,000.
- Restricted places, § 46.03
- Section 46.03 lists locations where weapons are prohibited, with felony and misdemeanor levels depending on the place. The exact list and levels should be confirmed against the current statute for each case.
- Prohibited person
- Possessing a firearm while barred by law can be charged as its own felony under § 46.04.
- License effect
- A conviction can affect eligibility for a license to carry under Government Code Chapter 411.
A felony conviction can end the right to possess a firearm, so the section charged matters well beyond the sentence.
Real Questions
What Do People Ask About Unlawful Carrying Of A Weapon In Texas?
Do I need a license to carry now?
How does the 2022 ruling affect people under 21?
What if the gun was in a glove box or under the seat?
Can I be charged for carrying at a bar or restaurant?
Possible Defenses
How Can Unlawful Carrying Of A Weapon Be Defended?
The state has to show the person fell into a category the statute covers, whether an age, a recent listed conviction, a prohibited status or a restricted place. An attorney reviews the report, the video and the criminal record to see what can be proved. No result can be promised.
A handgun found in a stop is not a charge by itself, because many adults may lawfully carry.
Evidence and constitutional issues.
The reason for the stop and the legality of any search that found the handgun come first. Statements made to officers before warnings can be reviewed. Court records show whether a prior conviction actually fits a § 46.02 category and falls inside five years.
A firearm found with a public order charge can also raise disorderly conduct questions. A dismissed UCW charge can be removed through an expunction.
The Stop Or Encounter
Why did the officer make contact, and was the search lawful?
Possession
Was the handgun on or about the person, or in a vehicle the person controlled?
Age And Licensing
Does the age rule and the 2022 licensing ruling apply to this person?
The Prior Conviction
Does the alleged prior fit a § 46.02 category and fall inside five years?
The Location
Is the place a restricted location, or alcohol licensed premises?
Statements
Did the person speak in custody without proper warnings?
Local Process
What Happens After A UCW Arrest In Montgomery County?
The level of the charge decides the court. A Class A case and a felony case sit in different buildings.
The Stop And Arrest
An officer finds a handgun, asks about age, license and history, and decides whether to arrest.
Filing And Bond
A magistrate sets bond. A Class A is filed by complaint and information, and a felony goes to a grand jury.
Evidence And Resolution
The defense requests the state's evidence. The case can end in dismissal, a reduction, a plea or a trial.
- Class A cases
- Filed in one of the Montgomery County Courts at Law and prosecuted by Montgomery County District Attorney's Office.
- Felony cases
- Grand jury, then heard in the district courts at the Montgomery County Criminal Justice Center on 207 W Phillips St, prosecuted by the Montgomery County District Attorney's Office.
- Who makes the arrest
- Conroe Police Department, Montgomery County Sheriff's Office, Texas DPS Highway Patrol, Montgomery County Constables, Precincts 1 through 5, Willis Police Department, Shenandoah Police Department, Oak Ridge North Police Department, Magnolia Police Department, Splendora Police Department, or Roman Forest Police Department.
- Where you are booked
- The Montgomery County Jail at 1 Criminal Justice Drive, run by the Montgomery County Sheriff's Office.
- If the case is appealed
- Appeals go to the Ninth Court of Appeals in Beaumont.
Next Steps
What Should You Do After A UCW Charge?
These steps are general information, not advice for any one person.
Learn Why You Were Charged
Find whether the charge rests on age, a prior, a place or how the gun was carried.
Keep Your Paperwork
Save the arrest papers, the property receipt and any license or purchase records.
Note The Location
Write down exactly where you were and any signs posted.
Keep It Offline
Posts and messages about the incident can be used as evidence.
Ask About The Seized Gun
Ask what happens to the handgun and how return can be requested.
Think About Gun Rights
A felony can end the right to possess a firearm, so ask before resolving the case.
A lawyer can match the facts of the stop to the section charged. Mitchell Law Firm offers a confidential conversation about weapons charges in Montgomery County.
Official Texas Sources
Read The Law Behind This Page
- Texas Penal Code Chapter 46: Weapons, §§ 46.02, 46.03 and 46.04
- Texas Penal Code Chapter 42: Disorderly conduct and related offenses
- 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 Code of Criminal Procedure Chapter 55A: Expunction of criminal records
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Conroe 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 Conroe, TX
Weapons charges sit close to public order and assault offenses, and one traffic stop can raise several of them. See the full criminal defense overview for Conroe.
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 Conroe Ask
Who can carry a handgun without a license in Conroe, TX?
Since House Bill 1927 took effect on September 1, 2021, Texas Penal Code § 46.02 allows a person 21 or older who is not otherwise barred to carry a handgun, concealed or in a holster, without a license. The exceptions include certain convictions in the last five years, being barred from possessing a firearm, and criminal street gang membership. The locations restricted by § 46.03 stay off limits.
What is the penalty for unlawful carrying of a weapon in Montgomery County?
Unlawful carrying under § 46.02 is a Class A misdemeanor, with up to one year in county jail and a fine of up to $4,000. It is a third degree felony, two to ten years in prison, on premises licensed or permitted for the sale of alcoholic beverages. Carrying into a location restricted by § 46.03 is a separate charge.
Which convictions stop someone from carrying without a license in Conroe?
Section 46.02 lists convictions within the previous five years for assault causing bodily injury as a Class A misdemeanor, deadly conduct, terroristic threat, and disorderly conduct under the firearm subsections, § 42.01(a)(7) or (a)(8). A person with one of those in that window who carries a handgun without a license commits unlawful carrying, subject to the statute's premises and vehicle exceptions.
Is it legal to keep a handgun in a car in Montgomery County?
Section 46.02 lets a person who may lawfully carry keep a handgun in a vehicle they own or control. It becomes an offense when the handgun is in plain view and not in a holster, unless the person is licensed, or when the person is engaged in criminal activity beyond a Class C traffic or boating violation, is barred from possessing a firearm, or is a gang member.
Can a 19 year old carry a handgun in Conroe, 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 deny licenses to carry to law-abiding 18 to 20 year olds, and the state withdrew its appeal. A licensed person in that age range stands in a different position from an unlicensed one.
Does a UCW conviction in Montgomery County take away gun rights?
A Class A unlawful carrying conviction is a misdemeanor, so it does not by itself trigger the felon in possession statute, § 46.04. A felony conviction, such as one under the alcohol premises provision or § 46.03, can. A conviction can also affect eligibility for a license to carry under Government Code Chapter 411 for a period of years.
Mitchell Law Firm, PLLC
The Details Of The Stop Matter
Age, record, place and the way the handgun was carried are each facts that can be examined. Start with the report and the video.
Conroe Office
