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Texas Unlawful Carrying of a Weapon Defense Lawyers
In 2021, Texas enacted HB 1927 (the “permitless carry” or “constitutional carry” law), allowing most Texans 21 and older to carry a handgun without a license. This dramatically narrowed the scope of Texas Penal Code §46.02 (unlawful carrying of a weapon), but it did not eliminate the offense. People who are not eligible for permitless carry (and there are more of them than most people realize) can still be charged with unlawful carrying, and the penalties are serious.
Who Can Legally Carry Under Permitless Carry?
Under HB 1927, a person may carry a handgun (concealed or openly) without a license if they are:
- 21 years of age or older (or 18+ if active-duty military)
- Not prohibited from possessing a firearm under state or federal law
- Not a member of a criminal street gang
- Not carrying in a location where weapons are prohibited under §46.03 or §46.035
Who Is Still Prohibited from Carrying?
The following people cannot legally carry a handgun in Texas, even under permitless carry:
- Convicted felons — prohibited under §46.04
- Persons convicted of family violence assault — prohibited under §46.04(b) and federal law
- Persons under 21 (unless active-duty military)
- Persons subject to protective orders
- Persons who are intoxicated — carrying while intoxicated is still unlawful under §46.02(a-6)
- Persons with pending felony charges in some circumstances
- Persons with certain Class A or Class B misdemeanor convictions within the preceding 5 years
Unlawful Carrying While Intoxicated
This is the most common unlawful carrying charge after permitless carry. Under §46.02(a-6), a person commits an offense if they carry a handgun while intoxicated. This offense is a Class A misdemeanor (up to 1 year in jail, fine up to $4,000).
This provision directly intersects with DWI cases. A person arrested for DWI who has a handgun in their vehicle or on their person faces both the DWI charge and an unlawful carrying while intoxicated charge. At Deandra Grant Law, our deep experience in DWI defense allows us to challenge both charges simultaneously. If we defeat the intoxication element of the DWI, the carrying-while-intoxicated charge falls with it.
Penalties
- Unlawful carrying (general): Class A misdemeanor — up to 1 year in jail, fine up to $4,000
- Unlawful carrying while intoxicated: Class A misdemeanor
- Carrying on premises licensed to sell alcohol (51% establishments): Third-degree felony — 2 to 10 years
- Unlawful carrying by a person with prior felony conviction: charged as felon in possession under §46.04 — third-degree felony
Defense Strategies
- Challenging the intoxication element. If the carrying charge is based on intoxication, Doug applies the same forensic science challenges used in DWI defense such as challenging blood tests, breath tests, and the officer’s observations of impairment. If the defendant was not intoxicated, the carrying charge fails.
- Challenging the search. How was the weapon discovered? Doug challenges the legality of the stop, the search, and the seizure of the firearm.
- Establishing eligibility for permitless carry. If the defendant meets all the criteria for legal permitless carry, no offense was committed. Doug reviews the defendant’s history to confirm eligibility.
- Challenging the “prohibited person” status. If the charge is based on the defendant being a prohibited person, Doug challenges whether the underlying conviction actually triggers the prohibition.
- Location defense. Carrying in a vehicle is treated differently than carrying on a person in some contexts. The specific location and manner of carrying may affect whether an offense was committed.
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Protect Your Rights — Contact Deandra Grant Law Today
If you or someone you love is facing firearm charges in Texas, contact Deandra Grant Law for a free, confidential consultation. Attorney Douglas Huff clients against state firearms charges. For federal firearms cases, Attorney James Lee Bright provides experienced federal defense in the Northern and Eastern Districts of Texas. Our forensic credentials and 30+ years of experience give you a defense team equipped to handle any weapons charge.
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