Schneider Law Firm, P.C. | Family Law & Criminal Defense

Unlawful Carrying of a Firearm

Texas has some of the most well-known gun laws in the country, but that doesn’t mean you can carry a firearm wherever and whenever you want. The law regarding carrying firearms and other prohibited weapons is complex and has changed often over the last decade. Many people are surprised to find themselves facing Unlawful Carrying of a Weapon (UCW) charges—even when they thought they were within their legal rights.

What Is Unlawful Carrying of a Firearm in Texas?

Under Texas Penal Code § 46.02, Unlawful Carrying of a Weapon involves knowingly carrying a handgun outside your premises or vehicle without a license, or carrying in a manner that violates the law—such as while intoxicated, in a prohibited place, or as a prohibited person.

Even with the state's permitless carry laws (also known as Constitutional Carry), there are still many circumstances where carrying a firearm is illegal. Common situations that lead to UCW charges include:

  • Carrying a handgun while intoxicated
  • Carrying a weapon in a school, airport, courthouse, or other restricted area
  • Possessing a firearm as a convicted felon or someone under a protective order
  • Carrying a weapon in plain view in a manner calculated to cause alarm

Penalties for Unlawful Carrying of a Weapon

The consequences of a UCW conviction can be severe, especially if the offense is enhanced due to location or prior criminal history. Penalties may include:

  • Class A misdemeanor: Up to 1 year in jail and/or up to $4,000 in fines
  • Third-degree felony (e.g., carrying in a prohibited location): 2 to 10 years in prison and up to $10,000 in fines
  • A permanent criminal record
  • Loss of firearm rights
  • Impact on employment, housing, and professional licensing

At Schneider Law Firm, P.C., we understand the confusion and stress that comes with being charged with a weapons offense. Our experienced criminal defense attorneys serve clients throughout Tarrant County, including Fort Worth, Arlington, Mansfield, and Keller, and are here to fight for your freedom and your future.

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Frequently Asked Questions

Can I carry a weapon in a school, airport, courthouse, or other restricted area in Texas?

No, under Texas law, it is illegal to carry a firearm in specific restricted areas, even if you have a License to Carry (LTC). These locations are considered "gun-free zones" under the Texas Penal Code, and carrying a weapon there can result in serious criminal charges.

Places Where Carrying a Weapon is Prohibited:

  • Schools – including K-12 public, private, and charter schools, as well as some college and university buildings
  • Airports – specifically the secured areas beyond TSA checkpoints
  • Courthouses – or any place where official court proceedings are conducted
  • Polling Places – during voting or early voting periods
  • Correctional Facilities – including jails and prisons
  • Government Meetings – such as city council, school board, or legislative sessions

Just because you're allowed to carry doesn’t mean you're protected in every situation. Contact Schneider Law Firm today to review your case.

Can I carry a handgun in my vehicle if it’s in plain view in Texas?

Can I carry a handgun in my car if it’s in plain view in Texas?

Yes, but only under specific conditions. Under Texas Penal Code § 46.02, it is legal to carry a handgun in your vehicle without a License to Carry (LTC) if the handgun is in a holster—even if it's in plain view.

When It’s Legal:

  • The handgun is in a holster
  • You are not committing a criminal offense (other than a Class C traffic violation)
  • You are not prohibited by law from possessing a firearm

When It’s Illegal:

  • The handgun is in plain view and not holstered
  • You are engaged in other criminal activity
  • You are intoxicated or prohibited from owning firearms

Penalties:

Violations can result in a Class A misdemeanor, punishable by up to 1 year in jail and a $4,000 fine.

Charged With Unlawful Carrying in a Vehicle?

A simple mistake—like leaving a handgun visible and unholstered—can lead to serious legal trouble. Don’t face it alone.

If you’ve been charged with UCW, don’t take chances with your future. Contact Schneider Law Firm today for a confidential consultation.

Can I carry a handgun in my car if I'm involved in criminal activity in Texas?

No. Under Texas Penal Code § 46.02, it is illegal to carry a handgun in a motor vehicle while engaging in criminal activity, even if the gun is holstered and you would otherwise be allowed to carry.

What Counts as “Criminal Activity”?

Any offense other than a Class C traffic violation—such as possession of drugs, theft, assault, or driving without a valid license—disqualifies you from legally carrying a handgun in your vehicle.

Key Takeaways:

  • Carrying a handgun during any criminal offense beyond a simple traffic ticket is unlawful.
  • A License to Carry (LTC) does not protect you if you're committing another offense.
  • You can be charged with Unlawful Carrying of a Weapon (UCW) in addition to the underlying crime.

If you’re facing UCW charges, contact Schneider Law Firm for immediate help.

Can I carry a handgun if I’m prohibited by law from owning or possessing firearms in Texas?

No. Under Texas Penal Code § 46.04, it is a crime for a person who is legally prohibited from possessing a firearm to carry a handgun or any other firearm—regardless of whether it’s concealed, holstered, or stored in a vehicle.

Who Is Prohibited from Possessing a Firearm in Texas?

You may be prohibited from carrying or possessing a firearm if you are:

  • A convicted felon (within 5 years of release or at all, depending on circumstances)
  • Convicted of domestic violence or a family violence offense
  • Subject to a protective order or restraining order
  • Mentally incompetent, as determined by a court
  • Currently facing criminal charges that could impact your rights

Even if you previously held a License to Carry (LTC), these restrictions override your ability to lawfully carry.

Can I carry a handgun while intoxicated in Texas?

No. Under Texas Penal Code § 46.035(d), it is illegal to carry a handgun while intoxicated, even if you have a valid License to Carry (LTC). This applies whether you’re carrying in public or in your vehicle.

What Does “Intoxicated” Mean Under Texas Law?

You're considered intoxicated if:

  • Your blood alcohol concentration (BAC) is 0.08 or higher, or
  • You're impaired by alcohol, drugs, or a combination of substances to the point where you’re no longer mentally or physically capable of operating safely

Texas takes weapon charges seriously—especially when alcohol or drugs are involved. Don’t risk your freedom or your right to carry. Call Schneider Law Firm today. We’ll fight to protect your rights, your record, and your future.

Can I openly display my handgun in public in Texas?

Generally, no. Under Texas Penal Code § 46.035, it is illegal to intentionally display a handgun in plain view of another person in a public place, unless the handgun is carried in a holster.

What Does This Mean?

  • You cannot intentionally show your handgun to others in public as a form of intimidation or for any reason if it is not holstered.
  • A handgun that is partially or fully visible but carried in a holster is allowed.
  • This law applies regardless of whether you have a License to Carry (LTC).

Why Is This Important?

Openly flashing a handgun in public can be considered unlawful carrying of a weapon, even if you are licensed. The exception for holstered carry recognizes the legal open carry of handguns in Texas, but brandishing or intentional display is prohibited.

Charged with Displaying a Firearm in Public?

If you’ve been charged with unlawful display of a handgun, you need a strong defense to protect your rights and your future. Contact our experienced defense attorney today for a free consultation.

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