Unlawful Carry of a Weapon | Denton County

If you’re facing an unlawful carry of a weapon charge in Denton County, you could be looking at up to a year in jail and a permanent mark on your criminal record. Texas gun laws have become more complex since the state adopted permitless carry in 2021, and many people are surprised to learn that certain circumstances still make it illegal to carry a firearm. A Denton County criminal defense attorney who understands weapons charges can analyze your case and fight for the best possible outcome.

The stakes are high with any gun charge. Beyond jail time and fines, a conviction can affect your ability to own firearms in the future, impact your employment, and follow you for the rest of your life. At Varghese Summersett, our defense team has secured more than 1,600 dismissals and 800 charge reductions across Texas. We know how prosecutors in Denton County approach these cases, and we know how to challenge them.

What Questions Do People Have About Unlawful Carry Charges?

When someone is arrested for unlawful carry of a weapon in Denton County, they typically want to know whether they’re facing a misdemeanor or felony, what the possible penalties are, and whether there’s any way to get the charge dismissed. Others wonder if Texas’s permitless carry law should have protected them or question whether the traffic stop or search that led to their arrest was even legal.

Many defendants are also concerned about their gun rights after an arrest. They want to understand if they can still own firearms, whether their License to Carry (LTC) will be affected, and how to minimize the long-term consequences of the charge. These are all valid concerns that an experienced weapons defense attorney can address.

What Unlawful Carry of a Weapon Means Under Texas Law

Under Texas Penal Code § 46.02, it is illegal to intentionally, knowingly, or recklessly carry a handgun, illegal knife, or club in certain situations or locations. While Texas allows most adults 21 and older to carry handguns without a permit (sometimes called “constitutional carry”), there are still significant restrictions on who can carry and where.

A person commits the offense of unlawful carrying of a weapon if they carry a handgun while: engaging in criminal activity (other than a Class C misdemeanor traffic offense), prohibited from possessing a firearm under state or federal law, intoxicated (other than in their own home or vehicle), on the premises of a business that derives 51% or more of its income from alcohol sales, or in other prohibited locations under Texas Penal Code § 46.03.

The law also prohibits carrying a handgun if you have a prior felony conviction, a recent family violence conviction, or are subject to certain protective orders. Understanding exactly which provision applies to your case is essential to building an effective defense.

Penalties for Unlawful Carry of a Weapon in Texas

The penalties for unlawful carry vary significantly depending on the circumstances of your case and your criminal history. Here’s what you could be facing:

• Class A Misdemeanor (standard UCW): Up to 1 year in county jail and up to $4,000 in fines
• Third Degree Felony (with prior felony conviction): 2 to 10 years in state prison and up to $10,000 in fines
• Third Degree Felony (with misdemeanor family violence conviction): 2 to 10 years in state prison and up to $10,000 in fines

Beyond these immediate penalties, a conviction creates a permanent criminal record that can affect your ability to find employment, housing, and professional licenses. If you hold a License to Carry, the Texas Department of Public Safety may suspend or revoke it. A felony conviction would strip you of your gun rights entirely under both state and federal law.

If you’ve been charged with unlawful carry, talking to an attorney before your court date can make a significant difference in how your case is resolved. Call our Denton office to schedule a free consultation with a weapons defense lawyer who can evaluate your options.

What Bond to Expect for Unlawful Carry in Texas

If you’re arrested for unlawful carrying of a weapon in Denton County, you’ll want to know what bond amount to expect. Bond amounts vary by county and depend on factors like your criminal history, the specific circumstances of your arrest, and whether enhancements apply.

Based on our analysis of bond data across Texas counties, the most common bond for a standard unlawful carrying weapon charge under Texas Penal Code § 46.02(b) is around $1,000 to $2,000 for a misdemeanor offense. However, bonds can range significantly higher. In some Texas counties, the average bond for unlawful carry exceeds $2,300, with enhanced charges reaching $18,000 or more.

Several factors can increase your bond amount: prior convictions (especially felonies or family violence), allegations that you were committing another crime at the time, carrying in a school zone or other weapon-free zone, or any allegation that the weapon was used to threaten someone. Having an attorney advocate for you at your bond hearing can help secure a reasonable bond amount so you can fight your case from outside of jail.

Defenses to Unlawful Carry of a Weapon Charges

Every unlawful carry case has potential defenses, and identifying the right strategy requires a thorough review of the facts. Some of the most common defenses include:

Constitutional violations during the stop or search. Police need reasonable suspicion to stop you and probable cause to search you. If officers violated your Fourth Amendment rights, any evidence they found (including the weapon) may be inadmissible. This is one of the most powerful defenses in weapons cases.

Lack of knowledge. The prosecution must prove you intentionally, knowingly, or recklessly carried the weapon. If you didn’t know the weapon was there (for example, if you borrowed someone else’s car), this element may be missing.

You weren’t actually “carrying” the weapon. Texas courts have developed specific definitions of what it means to “carry” a weapon. If the weapon was secured in a location that doesn’t meet this legal standard, you may have a defense.

You were in a protected location. Texas law allows carrying a handgun in your own home, vehicle, or watercraft. If you were in one of these locations and meet the other legal requirements, the charge may not apply.

Misidentification of the weapon. The prosecution must prove the item was actually a weapon covered by the statute. Technical defenses based on the type of item involved can sometimes succeed.

Our attorneys have secured dismissals in numerous unlawful carry of a weapon cases by identifying weaknesses in the prosecution’s evidence. In one case, we obtained a dismissal after demonstrating that law enforcement lacked legal justification for the search that discovered our client’s firearm. In another, we successfully argued that our client was unaware the weapon was present.

Our Track Record With Weapons Cases

Varghese Summersett has a proven record of achieving favorable outcomes in weapons cases throughout Texas. Our case results database shows multiple dismissals in unlawful carrying weapon charges. In several cases, we convinced prosecutors to dismiss charges after presenting evidence that the stop or search violated our client’s rights. In others, we negotiated resolutions that avoided a conviction entirely through prosecution barred outcomes.

These results reflect our commitment to thoroughly investigating every case, identifying constitutional violations, and holding the government to its burden of proof. Past results do not guarantee future outcomes, but they demonstrate the level of advocacy we bring to every client’s defense.

Don’t face a weapons charge alone. Contact our Denton County office to speak with an attorney about your case.

What Happens After an Arrest for Unlawful Carry in Denton County

If you’re arrested for unlawful carrying of a weapon in Denton County, understanding the court process can help reduce anxiety and help you make informed decisions about your defense.

Booking and bond. After your arrest, you’ll be taken to the Denton County Jail for booking. A magistrate will set your bond, typically within 24 to 48 hours. For most misdemeanor unlawful carry charges, defendants can post bond and be released while their case is pending.

Arraignment. At your arraignment, you’ll be formally advised of the charges against you and asked to enter a plea. Most defendants plead not guilty at this stage to preserve their options.

Discovery and investigation. Your attorney will obtain evidence from the prosecution, including police reports, body camera footage, and witness statements. This is also when your lawyer will investigate potential defenses, interview witnesses, and gather evidence that supports your case.

Pre-trial motions. If there are grounds to challenge the evidence (such as an illegal search), your attorney will file motions to suppress. If successful, key evidence against you may be excluded from trial.

Negotiation or trial. Many weapons cases are resolved through negotiation, resulting in reduced charges, deferred adjudication, or dismissal. If a fair resolution can’t be reached, your case will proceed to trial where a judge or jury will decide your fate.

Denton County weapons cases are heard at the Denton County Courts Building. Having an attorney who regularly practices in these courts and knows the prosecutors and judges can be a significant advantage.

Related Weapons Offenses in Texas

Unlawful carry of a weapon is just one of several gun-related offenses under Texas law. Depending on the circumstances of your arrest, you could face additional or alternative charges:

Unlawful possession of a firearm by a felon (Penal Code § 46.04). If you have a prior felony conviction, you’re prohibited from possessing any firearm. This is always a felony offense with serious prison time.

Unlawful carrying weapon in prohibited places (Penal Code § 46.03). Even with Texas’s permitless carry law, certain locations remain off-limits for firearms, including schools, polling places, courts, racetracks, airports (past security), and amusement parks.

Possession of prohibited weapons (Penal Code § 46.05). Texas bans certain weapons entirely, including machine guns, short-barrel firearms, explosive weapons, and chemical dispensing devices.

Aggravated assault with a deadly weapon (Penal Code § 22.02). If the weapon was allegedly used to threaten or harm someone, you could face aggravated assault charges in addition to unlawful carry.

Understanding how these charges interact and which defenses apply to each is essential to building an effective defense strategy. Our attorneys handle the full range of Texas gun charges and can advise you on the best approach for your specific situation.

What to Expect From Varghese Summersett

When you hire Varghese Summersett to defend your unlawful carry case in Denton County, you get a team of experienced criminal defense attorneys who will fight aggressively for the best possible outcome. Our firm includes four attorneys who are Board Certified in Criminal Law by the Texas Board of Legal Specialization, a distinction held by fewer than 10% of Texas criminal lawyers.

We approach every case with the goal of achieving a dismissal or acquittal when possible. That means thoroughly reviewing the evidence, challenging constitutional violations, and holding prosecutors to their burden of proof. When dismissal isn’t possible, we negotiate skillfully for reduced charges or alternative resolutions like deferred adjudication that can keep a conviction off your record.

With more than 70 team members across four Texas offices, including Fort Worth, Dallas, Houston, and Southlake, we have the resources to handle complex weapons cases and the experience to know what works. We understand how stressful it is to face criminal charges, and we’re committed to guiding you through the process with clear communication and honest advice.

Protect your rights and your future. Schedule a free consultation with a Denton County weapons defense lawyer today.

Frequently Asked Questions About Unlawful Carry in Denton County

Is unlawful carry of a weapon a felony in Texas?

It depends on your criminal history. For most people, unlawful carry of a weapon is a Class A misdemeanor. However, if you have a prior felony conviction or a misdemeanor conviction for family violence, unlawful carry becomes a third-degree felony punishable by 2 to 10 years in state prison.

Can I still own guns if I’m convicted of unlawful carry?

If convicted of the misdemeanor offense, you can generally still own firearms under Texas law after your sentence is complete. However, a felony conviction would prohibit you from possessing firearms under both state and federal law. Additionally, if your case involved family violence, federal law may prohibit firearm possession even for a misdemeanor conviction.

Does Texas’s permitless carry law mean I can carry anywhere?

No. While Texas allows most adults 21 and older to carry a handgun without a License to Carry, there are still numerous restrictions. You cannot carry while intoxicated, while committing a crime, on the premises of a bar (51% establishment), in schools, courthouses, airports past security, or other prohibited locations. You also cannot carry if you’re a convicted felon or have certain family violence convictions.

What if the police searched me illegally?

If law enforcement violated your constitutional rights during the stop or search, any evidence they discovered (including the weapon) may be suppressed. This is often one of the strongest defenses in unlawful carry cases. An experienced attorney will review body camera footage, police reports, and other evidence to determine if your rights were violated.

Can I get an unlawful carry charge dismissed?

Yes, dismissal is possible in many cases. Common paths to dismissal include challenging an illegal search, demonstrating lack of knowledge, negotiating with prosecutors based on the weakness of their case, or completing a pre-trial diversion program if available. Our attorneys have secured dismissals in numerous unlawful carry cases and will explore every option for your defense.

Talk to a Denton County Gun Lawyer Today

An unlawful carry charge doesn’t have to derail your life. With the right defense, many of these cases can be dismissed, reduced, or resolved in a way that protects your record and your future. At Varghese Summersett, we have the experience, resources, and commitment to fight for you.

Call (940) 252-2220 today to schedule a free consultation with a Denton County weapons defense attorney. We’ll review your case, explain your options, and start building your defense.