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Pleasanton, Texas 78064
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WHY HIRE THORNTON CRIMINAL DEFENSE?
Attorney Brad Thornton is a highly experienced and Board-Certified criminal defense lawyer. With his background as a former Chief Prosecutor, he has a unique understanding of the criminal justice system and is able to provide comprehensive and effective representation to his clients. He is also deeply committed to ensuring that all individuals receive fair treatment in court, regardless of their background or circumstances.
Brad Thornton is dedicated to helping his clients achieve the best possible outcome for their case, whether it is in San Antonio or elsewhere in South Texas. He recognizes the stress and anxiety that can come with being accused of a crime, and approaches his clients with compassion while keeping them informed at every step of the process. His knowledge and experience make him a strong advocate for his clients.
Unlawfully Carrying Weapons
Texas Penal Code § 46.02 UNL CARRYING WEAPON OR UCW-HANDGUN
Unlawfully Carrying a Weapon Attorney in San Antonio, Texas
In Texas, it can be illegal to carry a handgun or other weapons, unless you are specifically authorized to do so by law. There are several offenses that relate to carrying a weapon unlawfully in Texas, including:
Unlawful carrying of a handgun by a license holder: It is generally illegal for a person who holds a license to carry a handgun to carry the handgun in a place where it is prohibited by law, such as a school or a government building.
Unlawful carrying of a weapon: It is generally illegal for a person to carry a weapon, including a handgun, on or about their person, unless they are on their own property or inside their own motor vehicle, are carrying the weapon in a holster, or have a license to carry the weapon.
Unlawful possession of a firearm: It is generally illegal for a person to possess a firearm if they have been convicted of a felony or if they are subject to certain types of court orders.
These offenses can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant's criminal history. If you are charged with one of these offenses, it is important to speak with a criminal defense attorney as soon as possible.
Who can Open Carry in Texas
This law is governed by Sections 46.02 and 46.04 of the Texas Penal code and regulate who can openly carry a firearm in Texas. If you do not have a license to carry in Texas, you may still openly carry a handgun in a holster if the person:
Is at least 21 years of age,
Does not have a have a prior felony conviction listed in Texas Penal Code Section 46.04,
Is not subject to an active protective order listed in Texas Penal Code Section 46.04(c),
Is not restricted from possessing a firearm under federal law as described in 18 United States Code Section 922(g), and
Is not intoxicated.
When is it Illegal to Display a Handgun in a Public Place
If you meet the requirements above to openly carry in a public place, the handgun must still be holstered while it is visible in a public place.
The law in Texas regarding the offense of Unlawfully Carrying a Weapon is found in Section 46.02 of the Texas Penal Code and lists six different ways to violate the law.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view, unless the person is 21 years of age or older or is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a holster; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; or
(B) prohibited by law from possessing a firearm.
(a-4) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a location-restricted knife;
(2) is younger than 18 years of age at the time of the offense; and
(3) is not:
(A) on the person's own premises or premises under the person's control;
(B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control; or
(C) under the direct supervision of a parent or legal guardian of the person.
(a-5) A person commits an offense if the person carries a handgun and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster.
(a-6) A person commits an offense if the person:
(1) carries a handgun while the person is intoxicated; and
(2) is not:
(A) on the person's own property or property under the person's control or on private property with the consent of the owner of the property; or
(B) inside of or directly en route to a motor vehicle or watercraft:
(i) that is owned by the person or under the person's control; or
(ii) with the consent of the owner or operator of the vehicle or watercraft.
(a-7) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun;
(2) is not:
(A) on the person's own premises or premises under the person's control; or
(B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control; and
(3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c).
Penalties for Unlawfully Carrying a Weapon in Texas
Under Texas Penal Code Section 46.02, the penalties for unlawfully carrying a weapon depend on the specific offense and the defendant's criminal history. Some possible penalties for unlawful carrying of a weapon in Texas are:
Unlawful carrying of a handgun by a license holder: This offense is generally a Class A misdemeanor, which is punishable by up to one year in jail and a fine of up to $4,000.
Unlawful carrying of a weapon: This offense is generally a Class A misdemeanor, which is punishable by up to one year in jail and a fine of up to $4,000.
Unlawful possession of a firearm: This offense is generally a third-degree felony, which is punishable by up to 10 years in prison and a fine of up to $10,000.
