San Antonio Unlawfully Carrying a Weapon Attorney

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:

1. 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.
2. 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.
3. 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:

1. Is at least 21 years of age,
2. Does not have a have a prior felony conviction listed in Texas Penal Code Section 46.04,
3. Does not have a recent conviction for certain types of misdemeanors listed sections 46.02 and 46.04,
4. Is not subject to an active protective order listed in Texas Penal Code Section 46.04(c),
5. Is not restricted from possessing a firearm under federal law as described in 18 United States Code Section 922(g), and
6. 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:
   1. engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; or
   2. 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:
   1. on the person’s own premises or premises under the person’s control;
   2. 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
   3. 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:
   1. 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
   2. inside of or directly en route to a motor vehicle or watercraft:
      1. that is owned by the person or under the person’s control; or
      2. 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:
   1. on the person’s own premises or premises under the person’s control; or
   2. 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:

1. 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.
2. 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.
3. 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.

Attorney Brad Thornton

If you have been charged with unlawfully carrying a weapon in San Antonio, Texas, it is important to speak with a qualified and experienced criminal defense attorney as soon as possible. Board-certified criminal defense attorney Brad Thornton is an excellent choice for anyone facing weapons charges in San Antonio. Here are a few reasons why you should consider calling him for a free consultation:

1. Experience: Brad Thornton has more than 25 years of experience as a criminal defense attorney and has successfully represented countless clients charged with unlawfully carrying a weapon and other crimes. As a former chief prosecutor, he has a deep understanding of the criminal justice system and how to effectively defend against weapons charges.
2. Knowledge of the law: Brad Thornton is an expert in criminal law and has a thorough understanding of the laws and defenses related to unlawfully carrying a weapon. He will be able to advise you on the best course of action and help you understand your options.
3. Reputation: Brad Thornton has an excellent reputation as a criminal defense attorney in San Antonio. He is known for his integrity, professionalism, and commitment to his clients. When you work with Brad Thornton, you can trust that you are getting the best representation possible.
4. Free consultation: Brad Thornton offers a free consultation to anyone who has been charged with unlawfully carrying a weapon in San Antonio. This is a great opportunity to get to know him and discuss your case without any financial commitment.

If you have been charged with unlawfully carrying a weapon in San Antonio, Texas, it is important to take immediate action to protect your rights and your freedom. Call board-certified criminal defense attorney Brad Thornton for a free consultation and find out how he can help you.