If Texas has permitless carry, how can I be charged with Unlawful Carry?

Permitless carry applies only to people who are 21 or older and not otherwise prohibited from possessing a handgun. It also does not apply in prohibited locations or while intoxicated. Anyone outside those limits can still be charged under the Unlawful Carry statute, and many people are charged without realizing they fell outside them.

What are the penalties for Unlawful Carry of a Weapon in Texas?

A standard charge is a Class A misdemeanor, punishable by up to one year in county jail and a fine of up to $4,000. The charge becomes a third-degree felony, with two to ten years in prison, when the carry occurs at a business that derives most of its income from on-site alcohol sales. A person prohibited from possessing a firearm because of a prior conviction faces a separate felony charge.

Can I be charged for a gun that was in my car during a traffic stop?

Yes, if you fall into a category the statute covers, such as being under 21, intoxicated, or subject to a protective order. Whether the state can prove the charge depends on the legality of the search and whether the evidence shows you knowingly carried the weapon. Both of those are reviewed in detail before any decision about how to proceed.

Does a prior misdemeanor conviction prevent me from carrying?

A Class A or B misdemeanor conviction involving family violence does. Other misdemeanor convictions generally do not affect carry eligibility, but a felony conviction within the past five years does, and the dates and classification of any prior case need to be confirmed against the actual court records rather than taken from an officer's report.

Will an Unlawful Carry conviction affect my right to own a firearm?

A misdemeanor Unlawful Carry conviction removes handgun carry eligibility for five years from the date of conviction. A felony conviction removes the right to possess a firearm for a longer period and carries federal consequences as well. Depending on the facts, a resolution that avoids a conviction may preserve those rights, which is one reason these cases should not be treated as minor.

Unlawful Carry of a Weapon Defense

Since Texas adopted permitless carry in 2021, many people assume a handgun in the vehicle or on the belt can no longer be the basis for an arrest. That assumption is wrong often enough to keep Unlawful Carry of a Weapon on the docket in Tom Green County every week. The statute still applies to anyone under 21, anyone with a recent felony or family violence conviction, anyone under an active protective order, anyone who carries while intoxicated, and anyone who carries in a prohibited place such as a bar, a school, a courthouse, or a polling location. It also applies when a weapon is found during a stop for something else, which is how most of these cases start.

An Unlawful Carry charge is a Class A misdemeanor in most cases, carrying up to a year in jail and a fine of up to $4,000, and it becomes a felony when the carry happens at a business that earns most of its income from alcohol or when the person charged is prohibited from possessing a firearm. A conviction can also end the right to own a gun for years afterward. Eric Oden spent years prosecuting weapons cases in this county and knows which elements the state has to prove and where those cases tend to fall apart.

Call (325) 455-3224 to speak directly with Eric Oden about how the weapon was found, whether the search was lawful, and whether the state can prove each element of the charge..

Most Unlawful Carry arrests begin with a traffic stop or a call about something unrelated. The officer finds a firearm during a vehicle search or a pat-down, and the weapon becomes the charge. That sequence raises the first question in every one of these cases: was the search legal? Officers need consent, probable cause, or a recognized exception to search a vehicle, and a pat-down requires specific reason to believe the person is armed and dangerous. When the search cannot be justified, the firearm may be suppressed, and without the firearm there is usually no case.

The second question is whether the state can prove the carry was actually unlawful. The statute has multiple pathways, and each one has elements that have to be established with evidence. If the charge is based on intoxication, the state must prove intoxication the same way it would in a DWI case, and the same evidence problems apply. If the charge is based on a prohibited place, the state must prove the person knew or should have known where they were, and that the location was properly posted when notice is required. If the charge is based on a prior conviction or a protective order, the dates and the status of that record matter, and they are not always what the arresting officer assumed.

The third question is intent and knowledge. A firearm in a borrowed vehicle, a passenger's bag, or a glove box the driver did not open raises the question of whether the person charged was actually carrying it. Texas law requires that the person intentionally, knowingly, or recklessly carried the weapon, and the state has to prove that connection rather than assume it from proximity. Eric Oden reviews the stop video, the inventory report, and the officer's narrative to determine what the evidence actually supports before any discussion of resolution begins.

If Texas has permitless carry, how can I be charged with Unlawful Carry?
Permitless carry applies only to people who are 21 or older and not otherwise prohibited from possessing a handgun. It also does not apply in prohibited locations or while intoxicated. Anyone outside those limits can still be charged under the Unlawful Carry statute, and many people are charged without realizing they fell outside them.
What are the penalties for Unlawful Carry of a Weapon in Texas?
A standard charge is a Class A misdemeanor, punishable by up to one year in county jail and a fine of up to $4,000. The charge becomes a third-degree felony, with two to ten years in prison, when the carry occurs at a business that derives most of its income from on-site alcohol sales. A person prohibited from possessing a firearm because of a prior conviction faces a separate felony charge.
Can I be charged for a gun that was in my car during a traffic stop?
Yes, if you fall into a category the statute covers, such as being under 21, intoxicated, or subject to a protective order. Whether the state can prove the charge depends on the legality of the search and whether the evidence shows you knowingly carried the weapon. Both of those are reviewed in detail before any decision about how to proceed.
Does a prior misdemeanor conviction prevent me from carrying?
A Class A or B misdemeanor conviction involving family violence does. Other misdemeanor convictions generally do not affect carry eligibility, but a felony conviction within the past five years does, and the dates and classification of any prior case need to be confirmed against the actual court records rather than taken from an officer's report.
Will an Unlawful Carry conviction affect my right to own a firearm?
A misdemeanor Unlawful Carry conviction removes handgun carry eligibility for five years from the date of conviction. A felony conviction removes the right to possess a firearm for a longer period and carries federal consequences as well. Depending on the facts, a resolution that avoids a conviction may preserve those rights, which is one reason these cases should not be treated as minor.

Texas Allows Permitless Carry. It Still Charges Unlawful Carry Every Day.