Texas Penal Code Ch 46.02 – Unlawful Carrying Weapons

Texas has generous laws related to carrying and using firearms and other weapons, but this can make it confusing when the police accuse you of unlawful carrying. Without a concealed carry permit, you cannot carry a handgun or club outside of your own home or vehicle. There are also limits to the types of knives minors can possess in public places.                                      

If you received a citation or face charges for unlawful carrying weapons, the Law Offices of Randall B. Isenberg are here to help you. Our team can represent you during court appearances and present a strong defense on your behalf. Call (214) 696-9253 to learn more.

Texas Law Makes It Illegal to Carry in Public Without a Permit

Under Texas Penal Code Ch 46.02 – Unlawful Carrying Weapons, a person cannot legally “intentionally, knowingly, or recklessly” possess a handgun or club in most public places in Texas without a permit. This law limits Texans to possessing handguns only when:

  • On their own property
  • In their vehicle
  • On the way to their vehicle

Even in their own vehicle, a person in Texas cannot have a handgun in plain view unless they have a carry permit and they secure their handgun in a shoulder or belt holster.

Additionally, it is illegal to carry a handgun or club while engaged in any type of criminal activity more serious than a traffic offense. Convicted felons, members of criminal street gangs, and others with a history of violence may also be disallowed from possessing firearms under Texas law.

Additionally, Texas Penal Code Ch 46.02 addresses limits on the types of knives minors can carry. In general, under TX § 46.01 possessing some sizes and types of knives is illegal when the person is under age 18 and:

  • They are not on their own property
  • In their own vehicle
  • On their way to their vehicle
  • Under the direct supervision of a parent

Penalties for an Unlawful Carrying Weapons Conviction

If you face charges and get convicted of this type of charge in Texas, you will face penalties for unlawful carrying weapons under TX § 12.01. Texas Penal Code Section 46.02 outlines the severity of these charges. In general, those accused of unlawful carry will face a Class A misdemeanor charge. A conviction could mean facing:

  • Up to $4,000 in fines
  • 1 year in a county jail

If the unlawful carry occurs in a place that has a liquor license or otherwise sells or distributes alcoholic beverages, this calls for a more serious charge. The charges may include a felony of the third degree in this situation. Penalties associated with a third-degree felony include:

  • 2 to 10 years in state prison
  • A fine of up to $10,000

If you are a minor convicted of charges of possession of a location-restricted knife, this is a Class C misdemeanor. The penalties include a fine of up to $500.

Let Attorney Randall Isenberg Fight the Charges You Face

For more than 30 years, Texas criminal defense attorney Randall Isenberg has fought to protect the rights of those who face charges in the Lonestar State. In addition to working as a criminal defense attorney, Isenberg is a former prosecutor and state district judge. He knows how the criminal justice system works from the inside out.

If you face accusations or charges of unlawful carrying of a handgun, club, or location-restricted knife and violating Texas Penal Code Ch 46.02, the team from the Law Offices of Randall B. Isenberg can help. Our team can go to work for you almost immediately, defending your rights and accompanying you during police questioning, your arraignment, or any other court appearances.

We will learn as much as possible about the circumstances that led to your interaction with the police and build a defense that could help to clear your name, get charges dropped or reduced, or support a plea deal that ensures you face reduced penalties.

Talk to a Texas Unlawful Carry Criminal Defense Attorney

The team from the Law Offices of Randall B. Isenberg can help you protect your rights and defend your name if you face accusations or charges. Let us review your case, build a solid defense, and represent you in court. We understand how important it is to you to clear your name.

Call (214) 696-9253 today to get started with a conversation with a member of our criminal defense team.

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