In this criminal law blog post we will discuss some of the issues concerning unlawful carrying of weapon issues in Texas and in particular Houston and Harris County. Even though Texas is known for having favorable gun laws in general, unlawful carrying of a weapon is a serious offense with stiff penalties in Texas so it is important to understand the particulars of what the law consists in as well as potential consequences for a conviction.Unlawful carry of a weapon is covered under Penal Code Title 10 Chapter 46. While the law includes weapons such as firearms, it also includes other legally prohibited weapons such as switchblades, explosives, and machine guns. One aspect that makes gun laws complicated is even with Texas’ favorable gun laws and even if the gun is licensed, it doesn’t follow that one may carry a gun anywhere. There are certain locations where by law a gun may not be carried, these include schools, any business that prohibits guns, bars, jails, churches, and hospitals. Also included is in vehicles if the gun is not concealed. There are also other places where guns are prohibited – it is also important to check to make sure prior to carrying.
Being Charged with Unlawful Carry
A person may be charged with unlawful carrying of a weapon if he or she has a weapon and is a convited felon as well as if if a weapon is used in committing a crime. Because of the nature of these situations, consequences will be very heavy and negative life-changing consequences under a conviction. A charge of unlawful carrying of a weapon is typically a Class A misdemeanor but certain situations such as unlawful carrying of a weapon in a bar or prohibited facility such as a jail may be enhanced to a Third-Degree Felony. This can result in 2 to 10 years in prison and a $10,000 fine.
At The Haggard Law Firm our criminal defense lawyers have over 30 years of experience defending the people of Houston against unlawful carry charges and have a verifiable winning record. View our recent case results for dismissals against unlawful carry charges:
If you or a loved one is charged in Harris County or surrounding areas, call us today at (832) 328-0600 or email us for a free confidential consultation about your case – Carl Haggard will go to work to Fight For You!