Is it illegal to carry a gun in Texas? Carrying a handgun is legal for most Texans 21 and older (or 18-20 under recent federal court rulings), but Texas law still criminalizes carrying a weapon under certain circumstances. Unlawful Carry of a Weapon (UCW) under Texas Penal Code § 46.02 covers handguns, clubs, and (for minors) location-restricted knives. A standard UCW charge is a Class A misdemeanor punishable by up to one year in jail, though it becomes a third-degree felony when the offense occurs on premises licensed to sell alcohol.
Why Clients Trust Varghese Summersett With Gun Charges
When you’re facing weapons charges in Texas, experience matters. Our Fort Worth gun lawyers have defended thousands of clients facing firearms-related offenses across Tarrant County and throughout Texas. With more than 100 years of combined criminal defense experience, our team includes Board Certified criminal law specialists, former prosecutors, and attorneys who understand how weapons cases are investigated and prosecuted.
Varghese Summersett has secured more than 1,600 case dismissals and 800 charge reductions across our four Texas offices. Our attorneys regularly appear on local and national media outlets discussing firearms laws and Second Amendment rights. When you work with our 70-member team, you get the resources of a large firm with the personalized attention of a boutique practice. We have offices in Fort Worth, Dallas, Houston, and Southlake, and we handle weapons cases in courthouses throughout the state.
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Who Can Legally Carry a Handgun in Texas?
Before discussing what makes carrying a weapon unlawful, it’s important to understand who can lawfully carry in the first place. Under current Texas law, you can carry a handgun without a license if you meet all of the following requirements:
- You are at least 21 years old (or 18-20 under federal court ruling)
- You have not been convicted of a felony within the past five years
- You are not a member of a criminal street gang
- You have no conviction for family violence within the past five years
- You are not subject to a protective order
- You are not prohibited from possessing firearms under federal law
- You are not intoxicated (except at your own residence)
Can 18 to 20-Year-Olds Open Carry in Texas?
In 2023, a federal judge ruled in Firearms Policy Coalition v. McCraw that preventing 18 to 20-year-olds from carrying handguns violates the Second Amendment. Texas chose not to appeal this ruling. Although the Texas Penal Code still states you must be 21 to carry, prosecutors are not pursuing charges against 18 to 20-year-olds who otherwise lawfully carry under the current state of the law.
What Makes Carrying a Weapon Unlawful in Texas?
Texas Penal Code § 46.02 defines multiple ways a person can commit Unlawful Carry of a Weapon. Understanding the specific elements the prosecution must prove is essential for building an effective defense.
Elements of UCW: What the Prosecution Must Prove
For a standard UCW charge involving a handgun, the State must prove beyond a reasonable doubt that the defendant:
- Intentionally, knowingly, or recklessly carried a handgun on or about their person
- Was in a public place (not on their own premises or inside their own vehicle/watercraft)
- Fell into one of the prohibited categories under § 46.02
The term “handgun” is defined in Texas Penal Code § 46.01 as any firearm designed, made, or adapted to be fired with one hand. The definitions in § 46.01 control the scope of all weapons offenses in Chapter 46, including UCW.
Prohibited Categories Under § 46.02
The most common situations that lead to UCW charges include:
Carrying while committing another offense: Under Texas Penal Code § 46.02, carrying a handgun becomes unlawful when the person is “engaged in criminal activity” other than a Class C traffic offense. This means your lawful carry privileges disappear the moment you allegedly commit a crime like DWI. Even if you could legally carry that handgun five minutes earlier, the same gun in the same place becomes UCW once officers allege you were committing a criminal offense.
Carrying in prohibited locations: Even lawful gun owners cannot carry in certain places, including businesses that derive 51% or more of their income from on-premises alcohol sales (commonly called “51% establishments”), government buildings during official meetings, correctional facilities, hospitals, certain areas of airports, amusement parks, and others. Violations of location restrictions are typically charged under Texas Penal Code § 46.03 (Places Weapons Prohibited) and can be filed as a third-degree felony.
Prior disqualifying convictions: If you have a prior felony conviction, a family violence misdemeanor within the past five years, or are subject to certain protective orders, carrying a handgun becomes unlawful regardless of where you are. These individuals face charges under the separate offense of Unlawful Possession of a Firearm (§ 46.04).
Age and recent conviction restrictions: Individuals under 21 years old (subject to the federal court ruling discussed above) and those with certain recent convictions within the past five years (such as specified assaultive offenses or disorderly conduct involving a firearm) face UCW liability if they carry a handgun outside their premises or vehicle.
What Are the Penalties for Unlawful Carry of a Weapon?
The punishment for UCW depends on the type of weapon, the circumstances of the offense, and the defendant’s criminal history. Here is the complete penalty structure under Texas law:
Class A Misdemeanor (Standard UCW)
Under Texas Penal Code § 46.02, carrying a handgun or club without meeting legal requirements is a Class A misdemeanor punishable by:
- Up to 1 year in the Tarrant County Jail
- A fine of up to $4,000
- Or both jail time and a fine
Third-Degree Felony (Enhanced UCW)
UCW is elevated to a third-degree felony under § 46.02(c) if you carry a handgun on premises licensed to sell alcohol for on-premises consumption (a “51% establishment”). A third-degree felony carries:
- 2 to 10 years in the Texas Department of Criminal Justice (state prison)
- A fine of up to $10,000
- Or both imprisonment and a fine
Class C Misdemeanor (Juvenile Knife UCW)
Under § 46.02(a-4), a minor (under 18) who carries a location-restricted knife outside permitted areas commits a Class C misdemeanor punishable by:
- A fine of up to $500
- No jail time
Related Felony Charges
If you carry a handgun after being convicted of a felony, you face charges under Texas Penal Code § 46.04 (Unlawful Possession of a Firearm by a Felon), which is a separate third-degree felony. Prosecutors can charge both § 46.04 and certain UCW subsections that key off § 46.04 status, potentially exposing you to multiple felony charges from a single incident.
What Is the Typical Bond for UCW in Tarrant County?
If you’re arrested for Unlawful Carry of a Weapon in Fort Worth or anywhere in Tarrant County, understanding typical bond amounts can help you plan for release. Based on our analysis of more than 1,500 UCW cases in Tarrant County in 2025:
- Standard UCW (Class A Misdemeanor): The most common bond is $1,000, with an average around $1,350
- UCW with Prior Felony Conviction: The most common bond is $5,000, with averages around $18,500 depending on criminal history
- UCW in Prohibited Places: The most common bond is $2,500, though this varies based on the specific location and circumstances
Bond amounts can vary significantly based on your criminal history, the specific facts of your case, and the magistrate setting the bond. Our attorneys can work to secure reasonable bond conditions and, in some cases, argue for bond reduction.
How UCW Charges Commonly Pair With DWI
One of the most common scenarios we see involves UCW charges filed alongside DWI arrests. Many Texans legally keep a handgun in their vehicle, whether in the console, glove box, or on their person. Under normal circumstances, this is perfectly lawful. But the moment a driver is allegedly committing DWI, that same handgun in that same location becomes the basis for a UCW charge.
Here’s why this happens: Texas Penal Code § 46.02’s “criminal activity” language includes any offense other than a fine-only traffic violation. DWI is a Class B misdemeanor or higher, so it qualifies as criminal activity that triggers UCW. The legislature and courts treat the combination of intoxication plus firearm as a heightened public safety risk that justifies the additional charge.
The typical pattern plays out like this: A driver is stopped, investigated, and arrested for DWI. During the search incident to arrest or vehicle inventory, the officer discovers a handgun. The officer then files both charges on the same incident, even when the handgun was lawfully owned, properly stored, and the driver had no intent to use it. The mere combination of DWI plus handgun is enough under § 46.02.
This double-filing creates serious consequences. Instead of facing one charge, you’re now defending against two separate offenses with different penalties. A DWI conviction affects your driving privileges, insurance rates, and employment prospects. A UCW conviction adds a Class A misdemeanor to your record with up to a year in jail. If you’re charged with both, you need an attorney who understands how these charges interact and can develop a defense strategy that addresses both.
Our attorneys have handled numerous cases where UCW was filed as a companion charge to DWI. We evaluate whether the traffic stop was lawful, whether the search that revealed the weapon was constitutional, and whether the prosecution can prove all elements of both offenses. Weaknesses in the DWI case often undermine the UCW charge as well, since UCW requires proof that you were engaged in criminal activity at the time of carrying.
What About License Holders?
Even if you have a License to Carry (LTC), Texas Penal Code Section 46.035 still restricts where and how you can carry. License holders commit an offense if they:
- Display a handgun in public without using a shoulder or belt holster
- Carry on the premises of an institution of higher education without the holster (open carry is prohibited on college campuses even though campus carry is legal)
- Carry in designated “gun-free zones” on a college or university campus
- Carry in 51% establishments (bars)
- Carry while intoxicated
- Carry in correctional facilities, hospitals, churches, or amusement parks
For more information about license holder restrictions, see our guide to License to Carry in Texas.
UCW and Knives: What You Need to Know
Historically, Texas UCW law included provisions for “illegal knives,” but those references have been removed from the current statute. Ordinary knife carry by adults is no longer prosecuted under § 46.02. However, knife-related weapons offenses still exist under specific circumstances.
Location-Restricted Knives and Minors
Under Texas Penal Code § 46.02(a-4), a person commits UCW if they:
- Intentionally, knowingly, or recklessly carry on or about their person a location-restricted knife (defined as a knife with a blade over 5.5 inches)
- Are younger than 18 years old
- Are not on their own premises, inside a vehicle or watercraft they own or control, or under the direct supervision of a parent or guardian
This juvenile location-restricted knife UCW is a Class C misdemeanor under current law, punishable by a fine up to $500 with no jail time.
Adults and Location-Restricted Knives
For adults 18 and older, carrying a location-restricted knife is generally lawful in most public places. However, knife issues for adults now arise primarily under Texas Penal Code § 46.03 (Places Weapons Prohibited) when a location-restricted knife is possessed in certain prohibited locations such as:
- Schools and educational institutions
- Polling places on election day
- Government courts and court offices
- Secured areas of airports
- Premises of businesses licensed to sell alcohol (51% establishments)
- High school, collegiate, or professional sporting events
Violations of § 46.03 involving location-restricted knives can be charged as a third-degree felony, carrying 2 to 10 years in prison. For more information about weapons in prohibited places, see our page on Texas gun laws.
Clubs and Other Weapons
UCW also applies to the carrying of a “club,” which § 46.01 defines as an instrument specifically designed, made, or adapted for the purpose of inflicting serious bodily injury or death. This includes blackjacks, nightsticks, maces, and tomahawks. Carrying a club in public is a Class A misdemeanor under the same framework as handgun UCW.
Common Defenses to UCW Charges
A skilled criminal defense attorney can evaluate your case and determine which defenses may apply. Some of the most effective defenses to Unlawful Carry of a Weapon charges include:
Constitutional challenges: The Second Amendment and recent U.S. Supreme Court decisions (particularly New York State Rifle & Pistol Association v. Bruen) have expanded gun rights. Depending on the specific circumstances, there may be constitutional grounds to challenge the statute as applied to your case.
Lack of knowledge: The prosecution must prove you intentionally, knowingly, or recklessly carried the weapon. If you did not know the firearm was present (for example, if someone else placed it in your vehicle), this element may not be satisfied.
Location disputes: If you’re charged with carrying in a prohibited location, we can challenge whether that location actually qualified as prohibited under the law. Signage requirements and establishment classifications are often contested.
Illegal search and seizure: If law enforcement discovered the weapon during an illegal traffic stop or search, we can file a motion to suppress the evidence. Without the weapon being admissible, the prosecution’s case often falls apart.
Restoration of rights: In some cases involving prior felony convictions, your gun rights may have been restored, or the timing of the prior conviction may mean you’re no longer prohibited from carrying.
Challenging the underlying offense in companion cases: When UCW is charged alongside DWI or another offense, undermining the underlying charge can eliminate the UCW charge entirely. If we can show the DWI evidence is insufficient or the stop was unlawful, the “criminal activity” element of UCW fails. This is why a comprehensive defense strategy in companion cases must address both charges together.
Our Track Record With Weapons Cases
Our attorneys have secured numerous dismissals and favorable outcomes in UCW and other weapons-related cases. One recent case involved a client charged with Unlawful Carry of a Weapon after a traffic stop revealed a handgun in the vehicle. After investigating the circumstances of the stop, our attorneys identified Fourth Amendment violations and successfully argued that the evidence should be suppressed. The case was dismissed.
Past results do not guarantee future outcomes.
What Should You Do If You’re Arrested for UCW?
The steps you take immediately after an arrest can significantly impact the outcome of your case. If you’re arrested for Unlawful Carry of a Weapon in Fort Worth or Tarrant County:
Exercise your right to remain silent. You are required to provide your name and identification, but you do not have to answer questions about the weapon, where you were going, or why you had it. Politely decline to answer and state that you want to speak with an attorney.
Do not consent to searches. If officers ask to search your vehicle, bag, or person beyond what’s necessary for the arrest, you can refuse. However, do not physically resist if they search anyway. Simply state clearly that you do not consent.
Contact an attorney immediately. An experienced gun lawyer can advise you on next steps, work to get you released on bond, and begin building your defense right away. The sooner you have legal representation, the better your chances of a favorable outcome.
Document everything you remember. As soon as possible, write down everything you recall about the stop, the arrest, what was said, and who was present. These details can be crucial for your defense.
The Legal Process for UCW Cases in Tarrant County
Understanding what to expect can reduce anxiety and help you prepare. UCW cases in Tarrant County typically proceed as follows:
Arrest and booking: After arrest, you’ll be taken to the Tarrant County Jail for booking. This process includes fingerprinting, photographing, and entering your information into the system.
Magistration: A magistrate will inform you of the charges and set bond. For misdemeanor UCW, this often happens within hours of arrest. Bond is typically set between $1,000 and $5,000 depending on circumstances.
Initial court appearance: After release on bond, you’ll receive a court date. Misdemeanor UCW cases are heard in County Criminal Courts in the Tim Curry Criminal Justice Center in downtown Fort Worth. Felony UCW cases go to District Courts.
Discovery and investigation: Your attorney will obtain all evidence the prosecution has, including police reports, body camera footage, and any other relevant materials. We’ll conduct our own investigation to identify weaknesses in the state’s case.
Negotiations or trial: Many UCW cases are resolved through negotiations that result in dismissals, reduced charges, or favorable plea agreements. If negotiations don’t produce an acceptable outcome, we’re fully prepared to take your case to trial.
What to Expect From Varghese Summersett
When you hire our firm to handle your UCW case, you’re getting more than just legal representation. You’re getting a team that will fight for the best possible outcome while guiding you through every step of the process.
From the moment you call, our team works quickly. We understand that an arrest is stressful and disruptive, and we move fast to secure your release, gather evidence, and build your defense. Our attorneys are available 24/7 because criminal charges don’t follow business hours.
We take the time to explain the charges against you, the potential consequences, and your options in plain language. We want you to understand what’s happening and feel confident in the decisions you’re making about your case.
Our approach combines aggressive defense with strategic thinking. We look for every opportunity to get charges dismissed, reduced, or resolved in a way that protects your future. When necessary, we’re prepared to take your case to trial before a judge or jury.
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Frequently Asked Questions About UCW in Texas
Can I carry a gun in my car without a license in Texas?
Yes, as of September 2021, Texas allows permitless carry for individuals 21 and older (and 18-20 under federal court rulings) who are not otherwise prohibited from possessing firearms. However, you can still be charged with UCW if you’re committing another offense, are intoxicated, or fall into a prohibited category.
Is UCW a felony in Texas?
Standard UCW is a Class A misdemeanor. However, it becomes a third-degree felony if you carry on premises licensed to sell alcohol for on-premises consumption. Prior felony convictions can also elevate the offense to felony level under the separate charge of Unlawful Possession of a Firearm by a Felon.
Can a UCW charge be dismissed?
Yes. UCW charges are frequently dismissed based on constitutional challenges, illegal searches, lack of evidence, or successful negotiations with prosecutors. Our firm has secured numerous dismissals in UCW cases.
Will a UCW conviction affect my gun rights?
A misdemeanor UCW conviction alone typically does not result in a permanent loss of gun rights. However, it can affect your ability to obtain or renew a License to Carry. Felony UCW convictions do result in the loss of gun rights.
What’s the difference between UCW and Unlawful Possession of a Firearm?
UCW (Texas Penal Code § 46.02) applies to carrying a handgun in prohibited circumstances. Unlawful Possession of a Firearm by a Felon (§ 46.04) applies specifically to people with prior felony convictions who possess any firearm. The penalties and elements of each offense differ.
Why was I charged with UCW along with my DWI?
Texas law allows most eligible adults to carry a handgun in their vehicle. However, UCW kicks in when you carry while “engaged in criminal activity” other than a Class C traffic offense. DWI qualifies as criminal activity under this statute, so even though your handgun was lawfully stored in your car, the DWI allegation triggers a companion UCW charge. Our attorneys handle these paired cases regularly and understand how to challenge both charges together.
Can I carry a large knife in Texas?
Adults 18 and older can legally carry knives of any length in most public places in Texas. The old “illegal knife” provisions have been removed from § 46.02. However, location-restricted knives (blades over 5.5 inches) are prohibited in certain locations under § 46.03, including schools, bars, and government buildings. Minors under 18 face Class C misdemeanor UCW charges for carrying location-restricted knives outside their home, vehicle, or parental supervision.
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