Texas allows licensed individuals to openly carry handguns in shoulder or belt holsters, but the state still prohibits guns and other weapons from being carried into certain locations. Some weapons are expressly prohibited from being possessed anywhere in the state.
Criminal charges relating to unlawful carrying of a weapon or handgun can be misdemeanor or felony offenses, depending on certain factors. Many people accused of these types of crimes had absolutely no criminal intent and may have even forgotten that they possessed a firearm or other weapon.
Were you recently arrested in Denton County for an alleged unlawful carrying weapon or handgun offense? Contact Law Offices of Richard C. McConathy as soon as possible to begin exploring your legal options.
Denton criminal defense attorneys Richard McConathy and Brian Bolton represent clients accused of firearm and weapons crimes in communities all over Denton County, including Lewisville, Little Elm, The Colony, Argyle, Flower Mound, Highland Village, and many others. Call 940-222-8004 today to have our lawyers provide a complete evaluation of your case during a free, confidential consultation.
Under Texas Penal Code § 46.02(a), alleged offenders commit the crime of unlawful carrying weapons if they intentionally, knowingly, or recklessly carry on or about his or her person a handgun, illegal knife, or club while they are not on their own premises or premises under their control, or inside of or directly en route to a motor vehicle or watercraft that is owned by them or under their control. The weapons defined in this statute are defined as follows:
Texas Penal Code § 46.02(a-1) also makes it illegal for alleged offenders to intentionally, knowingly, or recklessly carry on or about their person a handgun in a motor vehicle or watercraft that is owned by them or under their control at any time in which either:
Either of the violations listed above is a Class A misdemeanor punishable by up to one year in jail and/or a fine of up to $4,000, but crimes can become third-degree felony offenses punishable up to 10 years in prison and/or a fine of up to $10,000 if committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages. It is also a third-degree felony under Texas Penal Code § 46.05 for an alleged offender to intentionally or knowingly possess, manufacture, transport, repair, or sell any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or classified as a curio or relic by the United States Department of Justice:
People are also prohibited from intentionally or knowingly possessing, manufacturing, transporting, repairing, or selling any of the following:
Texas Penal Code § 46.035 establishes several ways in which a person can commit the offense of unlawful carrying of handgun by license holder. License holders under the authority of Subchapter H, Chapter 411 of the Texas Government Code may be charged with this crime if they:
If the alleged offender intentionally, knowingly, or recklessly carries a handgun on the premises of a correctional facility or on the premises of a licensed business that derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, the alleged offense is a third-degree felony. All other violations listed above are Class A misdemeanor.
Handgun Licensing | Texas Department of Public Safety (DPS) — On this section of the DPS website, you can find information about the state’s Handgun Licensing Program. You can download forms, read administrative rules, and review answers to frequently asked questions. You can also access various reports and statistics.
Texas Penal Code, Chapter 46 | Weapons — View the full text of state laws relating to weapons offenses. You can find important definitions as well as a full list of places where weapons are prohibited. You can also read about the criminal penalties that apply to offenses committed within weapon-free school zones.
If you were arrested for an alleged unlawful carrying weapon or handgun offense in Denton County, it will be in your best interest to not say anything to authorities until you have legal counsel. Law Offices of Richard C. McConathy aggressively defends clients accused of these types of offenses in Lewisville, Highland Village, Flower Mound, Argyle, The Colony, Little Elm, and many surrounding areas of Denton County.
Richard McConathy and Brian Bolton are experienced criminal defense lawyers in Denton who can fight to possibly get your criminal charges reduced or dismissed. You can have them review your case and answer all of your legal questions when you call 940-222-8004 or submit an online contact form to schedule a free initial consultation.
I can’t say enough great things about the attorneys at this law firm. Within a few months they had my case, which I thought I was going to lose, dismissed and put my life back on track. I would recommend their firm to anyone and everyone who is in need of legal help.
Leslie L. Denton County DWI
A few months before I moved out of Texas, I was arrested for DWI. The problem was I was building a new life in another state with greater opportunities. I needed to find an attorney to handle my special situation being an out of state client who also travels out of the country. My case was in Denton County, which I have heard is a very difficult county to deal with. Because of my job I was in need of special accommodations from the court so I would not lose my career. After several months of tough negotiations with the DA, Richard and Brian were able to finalize my case beyond my expectations. I would highly recommend this law firm to anyone who has run into some trouble anywhere they might get a DWI.
Stephanie C. Denton County DWI