A concealed weapon is considered a firearm that is not visible to other individuals. In Texas, to carry a weapon, a person needs a concealed weapons permit, or CCW, from the police. One requirement to obtain the permit is to be at least 21 years old.
What Is the Unlawful Carrying Weapons Law in Texas?
It is defined as intentionally, recklessly, or knowingly carrying on one’s person one of the following weapons:
- Illegal knife
Are There Any Exceptions to the Law?
Yes. If the person is on their own premises or property under their control, it is not unlawful to carry a weapon. Also, if the person is in direct route to or inside their own watercraft or motor vehicle, it is not a crime. It is also not a crime if the person does not own the motor vehicle or watercraft, but the vehicle is under their direct control.
Can I Still Be Arrested Even If I Am in My Car?
A person may be arrested in Texas if they intentionally, recklessly, or knowingly carries a handgun in a motor vehicle or watercraft and:
- Has a the weapon in plain view if the person is not in possession of a license to carry a handgun or the weapon is in a belt or shoulder holster
- Is not allowed to possess a firearm
- Is a street gang member
- Is engaged in any criminal activity except Class C misdemeanors that violate traffic or boating laws
What Does the Term “Premises” Refer to Regarding the Unlawful Concealed Weapons Law?
Premises refers to real property and recreational vehicles used as living quarters. It does not matter if a recreation vehicle was a permanent or temporary living space.
What Is the Punishment for Unlawful Carrying Concealed Weapons in Texas?
The punishment is two to 20 years in prison and/or a $10,000 fine.
Do I Need an Attorney to Help Me with My Weapons Case?
An unlawful weapons conviction carries a severe penalty. A lawyer can assist you in avoiding such a conviction. It is vital to talk with a Texas attorney regarding your criminal case to learn about your rights and defenses.