Unlawful Carrying of a Weapon: What is the Law?
Under Texas law, Unlawful Carrying of a Weapon (UCW) occurs in several different ways. A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun and:
- Is younger than 21 years of age;
- Has been released from jail or probation for either Assault, Deadly Conduct, Terroristic Threat, or , Disorderly Conduct within five-years of the date the offense was committed;
- Is younger than 21 years of age and has a handgun in plain view inside a motor vehicle or watercraft under that person’s control
- Regardless of age, engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating
- Is otherwise prevented by law from possessing a firearm
- Intentionally displays the handgun in plain view of another person in a public place and the handgun was not in a holster
- Is intoxicated in a public place or on private property that the person owns or with the owner’s consent
- Was prohibited from possessing a firearm because within the past five-years because: (a) they had been released from either jail or probation for any felony or Class A Assault Family Violence, (b) they are/were a member of a criminal street gang and possessed a handgun in their motor vehicle or watercraft, (c) they are subject to a Protective Order (except police officers) with notice
Texas law also prohibits people under eighteen-years from intentionally, knowingly, or recklessly carrying on or about his or her person a location-restricted knife.
The legislature has carved out exceptions to these restrictions listed above. Generally speaking, it is an exception to many of the offenses listed above if you are on your own private property or if you are directly en route to your motor vehicle or watercraft.
Unlawful Carrying of a Weapon is a Class A Misdemeanor. The range of punishment for this offense is up to 365 days in the county jail or up to 2-years of probation, and up to a $4,000 fine. Additionally, the State will likely confiscate the weapon(s) involved in this offense.