Unlawful Carrying Of A Weapon Lawyer In Orange, TX
Since September 1, 2021, most 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 covers the limits, penalties and defenses.
What Is Unlawful Carrying Of A Weapon In Texas?
Under Texas Penal Code § 46.02, unlawful carrying of a weapon means carrying a handgun when the law does not allow it. Since September 1, 2021, most adults 21 or older may carry without a license, with exceptions for age, certain recent convictions and prohibited persons. It is a Class A misdemeanor, or a third degree felony on alcohol licensed premises.
Understanding Texas Law
How Does Texas Law Define Unlawful Carrying Of A Weapon?
House Bill 1927, the Firearm Carry Act of 2021, rewrote Texas Penal Code § 46.02. Before it, carrying a handgun outside your home or vehicle generally required a license. Since September 1, 2021, a person 21 or older who is not otherwise barred can carry a handgun in public, concealed or visible in a holster, with no license.
What remains of § 46.02 is a list of people and situations the new rule does not cover. Unlawful carrying of a weapon, often called UCW, is now charged when the state alleges the person fell 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 licensing ruling described below
- Was convicted in the previous five years of Class A assault by bodily injury, deadly conduct, terroristic threat, or disorderly conduct involving a firearm
Those two categories do not apply on the person's own premises, or inside or directly en route to a vehicle or boat they own or control. Inside a vehicle, § 46.02 has its own list. Carrying there is an offense when the handgun is in plain view and not holstered, unless the person is licensed, or when the person is engaged in criminal activity beyond a Class C traffic or boating violation, is barred by law from possessing a firearm, or is a member of a criminal street gang.
Penalties And Consequences
What Are The Penalties For Unlawful Carrying Of A Weapon In Texas?
The level depends on which statute is charged and 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 county jail and a $4,000 fine.
- On alcohol licensed premises
- Third degree felony under § 46.02(c). Two to ten years in prison and up to a $10,000 fine.
- Places prohibited, § 46.03
- Third degree felony for places such as schools, polling places, courts, racetracks, secured areas of airports and correctional facilities. Class A for others, including hospitals, amusement parks and high school, college or professional sporting events.
- 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.
A seized handgun can also be subject to forfeiture. 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?
Do I need a license to carry now?
Can I be charged for carrying at a bar or restaurant?
What if I did not know the place was off limits?
What if the gun was in my glove box or under the seat?
Possible Defenses
How Can An Unlawful Carrying Charge Be Defended?
The state has to place the person in a category the statute covers. An attorney reviews age, record, location and the way the handgun was 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 particular arrest is a question for the court hearing it.
The place restrictions now sit in § 46.03.
The separate section that once governed license holders, § 46.035, has been repealed, and the locations it covered were folded into § 46.03. Those restrictions apply to anyone carrying, licensed or not.
A weapon found during an arrest can also lead to federal weapons charges when federal law bars the person from possessing it. A dismissed UCW charge can be removed through an expunction. For related public order charges, see disorderly conduct.
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 the categories in § 46.02 and fall within five years?
The Location
Is the place on the § 46.03 list, or an alcohol licensed premises?
Statements
Did the person speak to the officer in custody without proper warnings?
Local Process
What Happens After A Weapons Arrest In Orange County?
A Class A charge is filed in the 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 a felony is presented to a grand jury. The defense asks for body camera video, reports and any records on prior convictions.
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 are filed in one of the Orange County Courts at Law.
- Felony venue
- Grand jury, then one of the county's district courts: 128th District Court, 163rd District Court, and 260th District Court.
- Who prosecutes
- The Orange County District and County Attorney's Office.
- Who makes the arrest
- Orange Police Department, Orange County Sheriff's Office, Texas DPS Highway Patrol, Vidor Police Department, Bridge City Police Department, Pinehurst Police Department, or West Orange Police Department.
- Where you are booked
- The Orange County Correctional Facility at 205 S Border Street.
- 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.
Do Not Carry Until You Know Why
If the charge involved age, a prior or a place, ask before carrying again.
Keep Your Paperwork
Save the arrest papers, property receipt and any license or purchase records.
Note The Location
Write down exactly where you were and whether any signs were posted.
Do Not Discuss It Online
Posts and messages can be used as evidence.
Ask About The Weapon
Ask what happens to a seized handgun and how to ask for it back.
Think About Gun Rights
A felony can end the right to possess a firearm. 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 Orange County.
Official Texas Sources
Read The Law Behind This Page
- Texas Penal Code Chapter 46: Weapons, including §§ 46.02, 46.03 and 46.04
- Texas Penal Code Chapter 12: Punishment classes and ranges
- Texas Government Code Chapter 411: Handgun licensing and eligibility
- Texas Code of Criminal Procedure Chapter 38: Evidence, including art. 38.23
- 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 Orange 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 Orange, TX
Weapons charges overlap with public order and assault offenses, and the same incident can support several of them. See the full criminal defense overview for Orange.
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 Orange Ask
Can I carry a handgun without a license in Orange, TX?
Since House Bill 1927 took effect on September 1, 2021, Texas Penal Code § 46.02 allows a person who is 21 or older and not otherwise barred to carry a handgun, concealed or in a holster, without a license. The exceptions include people with certain recent convictions, people prohibited from possessing firearms, and criminal street gang members, and the places listed in § 46.03 remain off limits.
What is the penalty for unlawful carrying of a weapon in Orange 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 becomes a third degree felony, two to ten years in prison, when committed on premises licensed or permitted by the state for the sale of alcoholic beverages. Carrying into a place listed in § 46.03 is charged separately.
Can an 18 to 20 year old carry a handgun in Orange, TX?
Section 46.02 still lists 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 bar law-abiding 18 to 20 year olds from obtaining a license to carry, and the state withdrew its appeal. A person in that age group who holds a license stands in a different position from one who does not.
Can I keep a handgun in my car in Orange, TX?
Section 46.02 allows a person who may lawfully carry to have 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 or boating violation, is barred from possessing a firearm, or is a gang member.
Can a UCW charge in Orange, TX affect my right to own guns?
A Class A unlawful carrying conviction is not a felony, so it does not by itself trigger the felon in possession statute, § 46.04. A felony conviction under the alcohol premises provision or § 46.03 does, and a conviction can also affect eligibility for a license to carry under Government Code Chapter 411 for a period of years.
Does a gun found during a traffic stop in Orange County always lead to a charge?
A handgun found during a stop is not a charge by itself, because many adults may lawfully carry. The state has to show the person fell into a category the statute covers, such as an age, a recent listed conviction, a prohibited status or a restricted place. The legality of the stop and of any search that found the gun is also reviewed.
Mitchell Law Firm, PLLC
The Details Of The Stop Matter
Whether the carry was lawful depends on age, record, location and how the handgun was carried. Each one is a fact that can be examined.
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