An unlawful carry of a weapon (UCW) charge in Fort Bend County is a criminal offense that can result in jail time, a permanent record, and the loss of your right to own a firearm. Most people charged under Texas Penal Code § 46.02 are not career criminals — they are everyday Texans who made a mistake or misunderstood the law. A skilled defense attorney can challenge the charge and may be able to get it reduced or dismissed.
Varghese Summersett: Defending Gun Charges in Fort Bend County
Varghese Summersett has a full-service criminal defense office serving Fort Bend County and the greater Houston area. Our team includes Board Certified attorneys with real prosecutorial experience — including time as prosecutors in Fort Bend County itself. That background means we know how these cases are built and how to take them apart.
The firm has earned more than 1,600 dismissals and 800+ charge reductions across Texas. Our attorneys have been featured in major media outlets and have earned recognition from Super Lawyers, the National Trial Lawyers, and the Texas Board of Legal Specialization. Mike Hanson, our Senior Counsel overseeing the Houston and Fort Bend office, is a former Fort Bend County prosecutor, Army JAG officer, and a Board Certified Juvenile Law specialist. He has tried more than 60 cases before a jury and brings a rare combination of courtroom experience and prosecutorial insight to every weapons case he handles.
If you or someone you care about is facing a UCW charge in Fort Bend County, call us at (281) 805-2220 for a free consultation. We are available 24 hours a day, 7 days a week.
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What Exactly Is Unlawful Carry of a Weapon in Texas?
Texas is an open-carry and permitless-carry state, but there are still many situations where carrying a weapon is illegal. The confusion around Texas gun laws is one of the leading reasons people end up arrested for UCW — they believed they had the right to carry, but one factor made it unlawful.
The most common scenarios that lead to a UCW arrest in Fort Bend County include:
- Being under 21 years old and carrying a handgun
- Having a prior felony conviction
- Having a qualifying misdemeanor conviction (such as a family violence offense)
- Carrying while intoxicated
- Carrying in a prohibited location (a school, courthouse, polling place, or racetrack)
- Carrying a prohibited weapon such as a switchblade, explosive, or illegal knife
If you are 21 or older and have no disqualifying criminal history, Texas law generally allows you to carry a handgun without a license. But if any one of the above factors applies to you, a traffic stop or an encounter with law enforcement can turn into a felony arrest fast.
The Law: Texas Penal Code § 46.02
Under Texas Penal Code § 46.02, a person commits an offense when they intentionally, knowingly, or recklessly carry a handgun, illegal knife, or club on or about their person — and that person is not on their own property, inside their vehicle, or otherwise lawfully permitted to carry under Texas law.
The State must prove each of the following elements beyond a reasonable doubt to secure a conviction:
- The defendant intentionally, knowingly, or recklessly carried a handgun, illegal knife, or club
- The carry occurred on or about the defendant’s person
- The defendant was not on their own premises or premises under their control
- The defendant was not inside of, or directly en route to, a motor vehicle or watercraft they owned or controlled
- No lawful exception applied (such as being a licensed carrier in a lawful place)
The burden of proof rests entirely on the State. A defendant has no obligation to prove innocence or explain anything.
Enhanced versions of this charge are found at § 46.02(e)(1) and (e)(2), which apply when the person carrying has a prior felony or qualifying misdemeanor conviction. Prohibited places are addressed under Texas Penal Code § 46.03.
Penalties for UCW in Fort Bend County
The punishment range depends on the specific version of the offense charged:
- Class A Misdemeanor — Carrying while under 21 or while intoxicated. Up to 1 year in county jail and a fine up to $4,000.
- Third Degree Felony — Carrying with a prior felony conviction (§ 46.02(e)(1)) or with a qualifying misdemeanor family violence conviction (§ 46.02(e)(2)). Two to ten years in the Texas Department of Criminal Justice and a fine up to $10,000.
- Class A Misdemeanor or Third Degree Felony — Carrying in a prohibited place under § 46.03 can range depending on the location and circumstances.
Beyond jail and fines, a conviction can affect your ability to possess firearms in the future, your eligibility for certain jobs, your immigration status, and your right to vote. A felony conviction is a life-altering outcome that makes having a strong defense attorney absolutely critical from day one.
Bond Amounts for UCW Charges in Fort Bend County
Based on an analysis Varghese Summersett completed of over 10,241 bonds set in Fort Bend County, here is what we typically see for weapons-related charges:
Typical Bond Amounts for Unlawful Carry Charges in Fort Bend County
| Charge | Typical Bond Range | Most Common Bond |
|---|---|---|
| UCW – Standard (§ 46.02(b)) | $500 – $5,000 | $1,000 |
| UCW – With Felony Conviction (§ 46.02(e)(1)) | $10,000 – $50,000 | $15,000 |
| UCW – With Family Violence Conviction (§ 46.02(e)(2)) | $5,000 – $15,000 | $5,000 |
| UCW – Prohibited Places (§ 46.03(g)) | $10,000 – $50,000 | $10,000 |
These figures reflect what courts have set in the past — your actual bond may be higher or lower depending on your criminal history, the specific circumstances of your case, and the judge assigned. An attorney can file a motion to reduce bond if the amount set is excessive.
Common Defenses to UCW Charges
Because the State must prove each element of the offense beyond a reasonable doubt, there are several ways an experienced attorney can challenge a UCW charge. The right defense depends on the facts of your specific case.
Challenging the Stop or Search
Many UCW charges arise from traffic stops or pedestrian encounters. If law enforcement stopped you without reasonable suspicion, or searched you or your vehicle without probable cause or a valid warrant, the firearm or weapon evidence may be suppressed. Suppressed evidence cannot be used at trial — and without evidence, the case often falls apart. Our attorneys scrutinize every detail of the stop and search.
You Were in Your Vehicle or on Your Property
Texas law allows a person to have a firearm in their vehicle or on their own property. If you were inside your car, stepping out of it, or on premises you control, that may be a complete defense to the charge. The line between “in the vehicle” and “on or about the person” is not always clear, and prosecutors sometimes overcharge these situations.
You Were Under 21 But Qualified for an Exception
Texas law contains several exceptions for people under 21. For example, active-duty military members are exempt from the age restriction. If you fell into an exception the arresting officer overlooked, that is a viable defense.
The Weapon Was Not Illegal
Not every knife or object is an “illegal knife” or “club” under Texas law. If the weapon you carried does not meet the legal definition of a prohibited weapon, the charge may not hold up. This is a fact-specific analysis that requires a careful reading of the statute and the evidence.
Challenging the Prior Conviction
If the charge is enhanced to a felony based on a prior conviction, the State must prove that conviction and that you were the person convicted. Records of prior convictions can be challenged for accuracy, and sometimes a prior conviction was expunged or set aside in a way that removes it from legal consideration.
Past Results: Varghese Summersett’s Track Record on UCW Charges
Varghese Summersett has secured numerous favorable outcomes for clients facing unlawful carrying of a weapon charges in Texas. Our case records show multiple UCW cases resulting in dismissals and prosecution being barred — outcomes that allowed our clients to move forward without a conviction on their record. Past results do not guarantee future outcomes.
The Legal Process: What to Expect After a UCW Arrest in Fort Bend County
Understanding what comes next can make a frightening situation feel more manageable. Here is a general overview of how a UCW case moves through the Fort Bend County court system.
Arrest and Booking
After an arrest, you will be processed and booked into the Fort Bend County jail. A judge will set a bond amount, either at a magistration hearing or through a bond schedule. Once bond is posted, you are released pending your court dates.
Indictment (Felony Cases)
For felony UCW charges, the case will go before a grand jury in Fort Bend County. The grand jury decides whether there is probable cause to indict. A skilled attorney can present a no-bill packet to the grand jury in appropriate cases, urging them not to indict.
Pre-Trial Motions and Negotiations
This is often where the most significant work happens. Your attorney will file motions to suppress evidence, investigate the facts, and negotiate with the Fort Bend County District Attorney’s office. Many UCW cases resolve through charge reduction, deferred adjudication, or dismissal before ever reaching trial.
Trial
If no acceptable resolution is reached, the case proceeds to trial at the Fort Bend County Justice Center in Richmond. Our attorneys are experienced trial lawyers who are fully prepared to take your case before a jury if that is what it takes to protect your rights.
What to Expect From Varghese Summersett
When you hire Varghese Summersett, you are not hiring a one-attorney shop or a law firm that will hand your file off to a paralegal. You are getting a team of professionals, across four offices in Texas, and a track record of over 1,600 dismissals and 800+ charge reductions.
We will investigate your case from the moment you call. We review the police report, the body camera footage, the dash cam, and every piece of evidence the State intends to use. If the stop was unlawful, we will file to suppress. If the charge was an overreach, we will push back hard. And if a trial is the right path, we are ready for it.
Our Fort Bend County clients work directly with attorneys who understand this community and this courthouse. Mike Hanson spent years as a prosecutor in Fort Bend County before joining Varghese Summersett — that inside knowledge is a genuine advantage for your defense.
To speak with a Fort Bend County gun charge attorney today, call (281) 805-2220. We offer free consultations and are available around the clock.
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Fort Bend County UCW Defense Videos
Watch these videos from our attorneys for more information about weapons charges and your rights in Texas.
Frequently Asked Questions: UCW Charges in Fort Bend County
Can I carry a gun in Texas without a license?
Texas enacted permitless carry in 2021, which allows most Texans who are 21 or older and not otherwise legally prohibited from possessing a firearm to carry a handgun without a license. However, if you are under 21, have a felony conviction, a qualifying misdemeanor conviction, or are intoxicated, you cannot legally carry. See our full guide at Unlawful Carry of a Weapon in Texas for more detail.
Is a UCW charge a felony in Texas?
It depends on the circumstances. A basic UCW charge — such as carrying while under 21 — is a Class A misdemeanor. But if you have a prior felony conviction or a qualifying family violence misdemeanor, the charge becomes a third-degree felony, which carries a potential two to ten year prison sentence.
Can a UCW charge be dismissed in Fort Bend County?
Yes. Many UCW charges are reduced or dismissed, particularly when the evidence was obtained through an unlawful stop or search, or when the specific facts of the case do not support the charge. An experienced attorney who knows the Fort Bend County courts can evaluate your options quickly. The earlier you retain counsel, the more options are available.
What places are off-limits for carrying a gun in Texas?
Under Texas Penal Code § 46.03, firearms are prohibited in schools, polling places, courts and court offices, racetracks, secured areas of airports, and certain government buildings. Businesses and establishments can also legally post signs under 30.06 and 30.07 prohibiting concealed or open carry. Violating these restrictions can result in a Class A misdemeanor or higher.
Will I lose my gun rights if I am convicted of UCW?
A felony UCW conviction will result in the permanent loss of your right to possess firearms under both Texas and federal law. Even a misdemeanor conviction can create complications depending on the nature of the offense. This is one of the most serious long-term consequences of a UCW charge, and it underscores why aggressive legal defense from the start is so important. Learn more about federal firearm charges that can arise alongside state charges.
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Speak With a Fort Bend County Weapons Defense Attorney Today
A UCW charge does not have to follow you for the rest of your life. The attorneys at Varghese Summersett have helped clients across Texas challenge weapons charges — securing dismissals, reductions, and outcomes that kept their records clean. If you are facing a gun charge in Fort Bend County, do not wait to get legal help. The decisions made in the first days after an arrest can shape the entire outcome of your case.
Call (281) 805-2220 to speak with a Fort Bend County UCW defense attorney. Your consultation is free and confidential.